The Bahamas Attorney General on the arrest of Sam Bankman-Fried

Attorney General of The Bahamas Sen. Ryan Pinder KC Statement on the arrest of Sam Bankman-Fried

On 12 December 2022, the Office of the Attorney General of The Bahamas is announcing the arrest by The Royal Bahamas Police Force of Sam Bankman-Fried (“SBF”), former CEO of FTX.  SBF’s arrest followed receipt of formal notification from the United States that it has filed criminal charges against SBF and is likely to request his extradition.

As a result of the notification received and the material provided therewith, it was deemed appropriate for the Attorney General to seek SBF’s arrest and hold him in custody pursuant to our nation’s Extradition Act.

At such time as a formal request for extradition is made, The Bahamas intends to process it promptly, pursuant to Bahamian law and its treaty obligations with the United States.

Responding to SBF’s arrest, Prime Minister Davis stated, “The Bahamas and the United States have a shared interest in holding accountable all individuals associated with FTX who may have betrayed the public trust and broken the law.  While the United States is pursuing criminal charges against SBF individually, The Bahamas will continue its own regulatory and criminal investigations into the collapse of FTX, with the continued cooperation of its law enforcement and regulatory partners in the United States and elsewhere."
 

December 12, 2022
Office of The Attorney General &
Ministry of Legal Affairs
Commonwealth of The Bahamas

Ryan Pinder resigns Perry Christie's Cabinet for Deltec Bank and Trust Limited Big Payday

Pinder Abandons Public Service for Private Sector Payday

Christopher Mortimer

Like Bahamians around the country, I too was taken aback by the sudden resignation of the Minister responsible for Financial Services Ryan Pinder. According to a statement from Government officials Pinder will relinquish his position as a cabinet minister to take a prominent position at Deltec Bank and Trust Limited.

Many Bahamians will remember the somewhat dubious circumstances under which Pinder first entered front line politics in this country. A former US tax attorney, Pinder renounced his US citizenship and in doing so pledged his commitment to public service in this country and specifically to the residents of the Elizabeth constituency who supported him wholeheartedly and elected him to office twice, first as an opposition MP and then again into government.

After pledging his commitment in the service of the country, and ascending to the post of cabinet minister, Mr. Pinder has chosen to turn his back on that commitment in favor of what he is calling the opportunity of a lifetime. Clearly for Pinder, Deltec’s offer trumped the opportunity to serve his country, shape policy and influence the economic and financial future of the nation.

The sudden resignation of Financial Services Minister Ryan Pinder to rejoin the private sector raises a number of serious concerns and is once again a reflection of the self-serving interests of members of this PLP administration.

Firstly, there are serious ethical implications which result from his resignation. Whose interest does it serve for a former cabinet minister, formerly responsible for regulating the financial services sector, to then join one of the very companies he had been mandated to regulate? Further, did Deltec court the minister for this position while he was still serving in cabinet? While he still had access to sensitive government plans for the sector, and if so were they given a preview of those plans? If so, this would not only be unethical but would also seemingly give Deltec and illegal advantage over its competitors.

Secondly, what will become of the many important initiatives which Pinder was overseeing? Among them, the country’s accession to the WTO? For Months, Pinder has spearheaded the talks with international officials and has been responsible for the – albeit – limited public proclamations on the issue.

Pinder’s resignation also highlights the need for discretion when choosing individuals to serve in public office. Such a decision should never be taken lightly. Taking on the responsibilities of public service often requires great personal sacrifice including giving up more lucrative positions in order to affect change. It is a commitment that is also taken on by that individual’s family as well. While the final decision is indeed Mr. Pinder’s to make, it certainly seems to send the message that he was no longer prepared to make the personal sacrifices necessary to fulfill his original commitment. I encourage any and all individuals considering public life to fully weigh the decision beforehand.

And what of Mr. Pinder’s decision to remain in parliament? How will his new duties affect his ability to serve his constituents? These answers are owed to his constituents and to the wider Bahamian public.

What this country needs are leaders who understand the idea of sacrifice. Leaders who are prepared to go without so that the entire country can benefit, leaders who are in it for the long haul, and not easily swayed by the offer of a big pay day.

Democratic National Alliance on Facebook

To Ryan Pinder: Put some policies on the table rather than simply objecting in Parliament

Ryan Pinder, MP on the Bahamas Government's Mid-Year Budget

By Rick Lowe:



If no one else in the PLP offers food for thought, Mr. Ryan Pinder does.

In fact it looks as if he's one of the few PLP's that offer reasoned comment in Parliament. At least he's the one that gets press coverage anyway.

In this article in the Nassau Guardian he suggests that the PM's growth projections in the Government's mid-year budget are unlikely.

I agree with him, but none of us have a crystal ball, so it's mere conjecture on the part of both politicos.

Where I part company with him is when speaking about the impact of rising oil prices he says; "it is the responsibility of the government to anticipate such realities and put in place policies to counter the adverse effects of rising prices."

I can't find that as one of the governments reasons for existing in the Constitution, but to simply put a statement like that out there without suggestions on what policies are necessary to control the price of oil we import and how the government would pay for whatever those policies might be is irresponsible.

Mind you both parties are derelict where fiscal responsibility is concerned, but where we might be able to excuse generations past with this behaviour, to continue to let these comments go unquestioned with the current state of public finances would be no less than irresponsible of us - the voting public.

It is time for us to ask our MP's to put a little more on the table than rhetoric, lest we should stop paying any attention to them at all.

On a lighter note, Mr. Pinder objects to being called the PLP's Poster Boy by Mr. Byron Woodside of the FNM in this story in The Tribune yesterday.

Well the dictionary says a Poster Boy "is a person that epitomizes or represents a specified cause..."

I wonder how we should interpret his objection to being called the PLP's Poster Boy? As I said earlier, he seems to be covered in the press for the PLP these days over and above everyone else.

To paraphrase what some wag once said:

"Why are we surprised when some politicians play politics? It's not like they are supposed to be real adults . . . they are, after all, politicians and aren't playing around with their money."

So I guess we shouldn't be surprised when no solutions, or at least potential solutions, are offered.

But come on cousin Ryan, you can raise the level can't you? Put some policies on the table rather than simply objecting. That's what is expected by Parliamentarians of us mere mortals when we raise issues with you guys.

March 04, 2011

weblogbahamas

Bahamas Blog International

The opposition Progressive Liberal Party (PLP) cries shame on The Bahamas government for accepting an offer that is clearly below market value for the Bahamas Telecommunications Company (BTC)

BTC political row worsens
By CANDIA DAMES
The Nassau Guardian News Editor
candia@nasguard.com


Parties hit out over $210M deal


The sparring over the government’s decision to sell 51 percent of the Bahamas Telecommunications Company (BTC) to Cable and Wireless Communications (CWC) has intensified, with the two major political parties arguing over whether the majority of Bahamians support the deal.

The Progressive Liberal Party (PLP) said yesterday that its parliamentary caucus has embarked on a thorough and comprehensive review of the BTC and CWC transaction, and will be releasing regular positions on each component of the transaction.

“The PLP has clear and unequivocal objections to the commercial terms of this transaction, and more specifically the purchase price and consideration the government, and the Bahamian people, will realize from the sale of this prized national asset,” the party said in a statement.

The government has agreed to sell 51 percent of the shares of BTC to CWC for $210 million plus taxes.

“However, when one looks more closely at the terms of the transaction as set out in the share purchase agreement, it is clear The Bahamas government is receiving far less than $210 million, and it is equally clear that whatever the government eventually receives is far less than the value of 51 percent of BTC,” the PLP claimed.

“The Bahamas government is obligated to leave at least $15 million in cash in the company. Furthermore, The Bahamas government is obligated to fund pension liabilities in the amount of $39 million. Taking into account these obligations of the Bahamian government, the most the government will receive is $156 million for 51 percent of BTC.

“The PLP objects to this and cries shame on the government for accepting an offer that is clearly below market value for BTC. In fact, the Financial Times pointed out that the $210 million purchase price was below the industry average; certainly $156 million is significantly below market price for 51 percent of BTC.”

Meanwhile, an argument has intensified over the level of support the government has on the privatization issue.

An earlier statement released by Elizabeth MP Ryan Pinder on behalf of the PLP said the party takes exception to the Free National Movement’s practice of “misleading the Bahamian public on the support for the BTC sale to Cable and Wireless.”

“The PLP proposes that the majority of Bahamians are against this specific sale of BTC. The PLP has committed itself to a series of statements and position pieces that will clearly note our objections to the BTC sale, focused on different objections,” Pinder said.

“The PLP is also committed in these releases to educating Bahamians as to the shortfalls of this proposed sale of BTC. The PLP demands that the FNM be honest and straightforward with the Bahamian people on this give away of the people's asset, BTC.”

But the FNM shot back in a statement last night, saying as support for the opposition’s position on the partnership to create a new BTC with Cable and Wireless continues to erode, it has begun to panic and continues to ignore the voices of the majority of Bahamians.

“The opposition says that it ‘proposes that the majority of Bahamians are against this specific sale of BTC’. Rather than proposing, the FNM has taken note of two surveys over the past two weeks which have shown the surge of support for the creation of a new BTC. One survey was conducted by a private group (Consumer Voices Bahamas) the other by one of the dailies,” the FNM said.

The FNM noted that in The Nassau Guardian’s online survey 4,563 people responded. The question was whether respondents supported the PLP’s decision to reject the deal.

“It appears that the voices of these thousands of Bahamians and many others are of no consequence to the PLP, which now seeks to substitute its own faltering position for that of the majority of Bahamians,” the FNM said.

But Pinder said in his statement that a previous FNM release and associated polls “misrepresented” the views of Bahamians.

“The unscientific polls focused on whether privatization was a good idea, and not [the] real issue that concerns the majority of Bahamians, which is whether this sale to Cable and Wireless under the proposed terms tabled in the House of Assembly last week is a good deal,” he said.

The FNM insisted however that support for the deal continues to grow among Bahamians.

“We believe that after the House of Assembly debate on BTC’s future, that many more Bahamians will support the new partnership, as misinformation and incorrect information are countered with the facts, which will shed more light on the fiction promoted by certain narrow interests,” the FNM said.

2/16/2011

thenassauguardian

Bahamas Blog International

Dr Duane Sands intends to make Ryan Pinder the shortest sitting Member of Parliament in the history of The Bahamas when he defeats him in the 2012 general election

Sands has Pinder in his election sights
By PAUL G TURNQUEST
Tribune Staff Reporter
pturnquest@tribunemedia.net



FORMER FNM candidate for the Elizabeth constituency, Dr Duane Sands, said he intends to make Ryan Pinder the shortest sitting Member of Parliament in the history of the Bahamas when he defeats him in the upcoming general election.

Criticizing the PLP's youngest and most recent addition to the House of Assembly for his "national campaigning," Dr Sands claims Mr Pinder has failed to provide any proper representation for the people of Elizabeth.

"If he is unwilling or unprepared to do that task, I would imagine that the people of Elizabeth will put him aside. It is my goal that he will set a record for the shortest tenure in the House of Assembly," Dr Sands said yesterday.

In response to Dr Sands, Mr Pinder told The Tribune yesterday he has been representing the people of Elizabeth fully and has provided a number of opportunities for them in his short time in office.

"I have defeated Dr Sands in the by-election when all the odds were against me, and I will certainly defeat him again when the general election is called," he said.

Having lost the by-election by a razor-thin margin of only three votes, Dr Sands said he has taken full responsibility for the loss. However, he assured the public he has learned from this exercise and is working tirelessly to counteract any of the perceived or learned challenges that they had.

"Ultimately, I think the message I have gotten from many people is that they want to know you care, that you are concerned, and that you will do what you can do to intercede on their behalf. So I have been doing that.

"I can tell you that today alone, I have spoken to at least five or six young people that reside separately in Elizabeth in an effort to help them access the job market. I had the good fortune of being able to congratulate a young lady who was able to secure a job, and I think that is what it is all about. It's effort directed at people," he said.

Currently, Mr Pinder is perceived by many within the PLP as having the largest new-found public appeal in the party, and as such, has shot up through the ranks of the organisation. He can often be seen at various social or political events with the "top brass" of the party in tow.

Noting this manoeuvre, Dr Sands said he thought that politics in the Bahamas had moved beyond this type of showmanship.

"There is probably a bit of a role for that, but what is your primary function? Your primary function is representation of the people that put you in the House of Assembly. If you lose sight of that prize, the people will remind you in very short order that you have taken your eye off the ball.

"I certainly believe he has taken his eye off the ball. And while that has provided me with a strategic advantage I am disappointed, because the people in Elizabeth were really counting on a different kind of politics, a different kind of representation, and I think they have been short changed once again," he said.

To his criticisms of "showmanship" Mr Pinder said politicians today must realise that not every voter will visit an MP's office and as such they should venture out to the people to meet and greet them wherever they may be.

January 08, 2011

tribune242

Bahamas Blog International

Election court lawyers want $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands

Election court lawyers want $400,000
By JUAN MCCARTNEY ~ Guardian Senior Reporter ~ juan@nasguard.com:



An already cash-strapped Public Treasury will be asked to cough up hundreds of thousands of dollars, as the attorneys who represented Progressive Liberal Party Member of Parliament Ryan Pinder in the Elizabeth Election Court challenge earlier this year will ask for more than $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands.

The court costs will be comprised of a $357,000 bill for the actual court proceedings, and a $28,700 bill for services rendered involving Sands' unsuccessful bid to have Pinder's Election Court petition thrown out before the actual proceedings began, according to Wayne Munroe, one of the attorneys who represented Pinder.

On March 23 Election Court Senior Justices Anita Allen and John Isaacs ruled Pinder the winner of the challenge and ordered Bethel to pay 75 percent of Pinder's costs, with Sands responsible for the remaining 25 percent.

Pinder's lead counsel was Philip Brave Davis. He was assisted by Munroe, Valentine Grimes and Keod Smith.

Munroe said the bill for the strike out petition has been filed for some time, but the bill for the court proceedings will be filed today - the last day Munroe has to do so without asking for an extension.

The Supreme Court Registrar will then go over the bills item by item and decide if any alterations should be made.

Sands and Bethel are now faced with a bill $100,000 higher than they could have settled for.

Munroe said that Pinder's legal team offered Bethel and Sands' respective counsels an offer to settle the strike out bill at $20,000.

He added that Bethel and Sands' were also offered to settle the court proceedings at $275,000 but refused both offers.

Elizabeth Returning Officer (and Director of Immigration) Jack Thompson was also named as a respondent in the by-election court challenge, but was not ordered to pay costs.

The February 16 by-election ended with Sands receiving 1,501 votes to Pinder's 1,499 votes. However on March 23 the Election Court ruled that 5 protest votes cast in favor of Pinder should be counted, pushing Pinder's total to 1,504 votes, making him the winner of the seat.

Bethel was blasted in the justices' ruling, where it was said that he failed to protect the integrity of the Elizabeth register.

And as the PLP MP's legal team prepares to collect on Election Court costs, an FNM MP's legal counsel was still awaiting payment of his hefty bill up to a few weeks ago.

The Guardian understands that Fred Smith, who represented Marco City MP Zhivargo Laing in his successful challenge against former MP Pleasant Bridgewater, had still not received payment on his $1 million bill.


June 23, 2010

thenassauguardian

Bahamas Blog International

Ryan Pinder misses first chance to vote as a Member of Parliament

Ryan Pinder misses first chance to vote as MP
By PAUL G TURNQUEST
Tribune Staff Reporter
pturnquest@tribunemedia.net:


DESPITE enduring heavy criticism for having voted in the United States but never in the Bahamas, Ryan Pinder has yet to cast a vote in his homeland - missing his first chance as the newly-elected MP for Elizabeth.

Mr Pinder is again taking flack for his voting record, this time because he passed up the opportunity to formally support the Bahamas Technical and Vocational Bill in Parliament on Wednesday.

The MP defended his absence yesterday, saying he had a previous engagement, and pointed out that he expressed his support for the Bill during the House debate, describing it as a "fundamental component" of achieving the results he promised to his constituents during his campaign in terms of training small business development.

He went on to declare his intention to vote "every time" in the House of Assembly; however the FNM were quick to point out that so far, the new MP's parliamentary voting record stands at "0 for 1".

Carl Bethel, the FNM chairman and MP for Seabreeze, said he and some of his colleagues had planned to stand and applaud Mr Pinder when it came time for the House to take a vote on the Bill.

He said the MP was noticeably absent from the lower chamber, which led to an outburst of laughter from the governing side.

"We were ready to stand and cheer," Mr Bethel exclaimed. "Because finally he would have voted in the Bahamas. But alas we were denied that privilege.

"We can only hope that before this legislative year is over, Mr Pinder would have exercised his constitutional right," Mr Bethel quipped.

Addressing the chairman's remarks, Mr Pinder said he intends to vote "every time" he is required to in the House of Assembly. However, as for Wednesday's session, the Elizabeth MP said he had a previous speaking engagement that was set "a long time before the legislative session was set out."

"I support the BTVI Bill, and I have expressed that in the House and would vote in favour it. So I don't understand what (Mr Bethel) means. I wouldn't understand why they would jump up and down on a piece of legislation. It sounds juvenile to me and certainly sounds like they are preoccupied with Ryan Pinder and not the business of running this country," Mr Pinder shot back.

However, the MP's former rival for the Elizabeth constituency said that it appears Mr Pinder's priorities are not in the right place.

Dr Duane Sands said: "I think it's a bit disappointing that after waiting such a long time for representation, at the first opportunity that the people of Elizabeth would have a chance to have their voices heard on an important vote, their representative was not available."

Looking forward to the rest of the legislative year, Dr Sands said he hoped the people of Elizabeth's concerns would attract more attention from their MP.

Speaking on the matter before the vote, Mr Pinder told the House he supports the Bill, and hoped it wasn't "too little, too late".

He said: "I support it, Mr Speaker, because I promised my constituents, the good constituents of Elizabeth that I am a 21st century politician, focused on training and small business development.

"This Bill is a fundamental component to achieving these goals, short term and long term.

"This Bill is the crux in developing the skills labour necessary to build today's Bahamas and to ensure economic expansion on a sustained basis from among a segment of our society who may never get the opportunity to travel beyond these borders for tertiary education. So on behalf of the good people of Elizabeth, I lend my support to this Bill which is long overdue."

April 23, 2010

tribune242

Bahamas Blog International

Privy Council could hear review of [Elizabeth by-election] Election Court decision

Privy Council could hear review of Election Court decision
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:


The review of the Election Court decision handed down last month, validating all of the protest votes in the Elizabeth by-election, could go to the Privy Council, Attorney General John Delaney told The Nassau Guardian recently.

The Office of the Attorney General is currently conducting a review of the decision, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder on March 23.

"We're having a look to see what avenues might exist with respect to any possibility of having a judicial review with respect to the point of law to the ruling," Delaney said last week.

"Of course there is the position on the statute that on the election court there is no appeal from it. So it's analysis that is presently being done. We'll have to take a look to see whether it is possible to have a review sometime by the Privy Council.

Hours after the decision of the Election Court, Prime Minister Hubert Ingraham said the Office of the Attorney General will review the ruling.

The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.

But Ingraham indicated that the Free National Movement has concerns about the reasoning behind the decision.

"We were surprised by the reasoning for the decision of the Election Court," Ingraham said. "It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.

"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."

Delaney told The Guardian that the review could result in recommendations for changes to be made to the law.

"If there is to be a review, the venues might be a review of a point of law or sometime akin to a judicial review type thing," he said. "But it's really premature for me to speculate on that at this time because, as I said, we're just taking a look to see about possibilities in that connection."

In the Speech from the Throne read on Wednesday by newly-appointed Governor General Sir Arthur Foulkes, the government pledged to bring legislation to amend the Parliamentary Elections Act.

An official from the Office of the Attorney General told The Guardian that the review would be done in short order.

The official, who did not want to be named, said the review would be conducted to determine what, if any amendments needs to be made to the Parliamentary Elections Act.

"The government asked that we conduct a review and in short order, whatever changes if at all would be communicated to Cabinet and Cabinet would seek to have those changes, if such are recommended to legislation, whatever legislation in the form of an amendment, would be brought to the House of Assembly."

He stressed that a judicial review is not the same as an appeal.

"An appeal might make certain findings, it might overturn certain things that may exist," said the official. "A judicial review or reference makes findings but there is nothing that can be done. So the review can determine that the decision made was not in accordance with the law but it can't overturn the decision or ruling made."


thenassauguardian

Bahamas Blog International

Perry Christie Christie - Opposition Leader won't stay on for another full term as prime minister

By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:



Opposition Leader Perry Christie has confirmed that while he plans to lead his party into the next general election and fully expects to become prime minister again, it is his intention to step aside before the end of another five-year term.

Asked specifically about this, Christie told The Nassau Guardian, "Prime ministers should not say that, people who want to be prime ministers should not put a lame duck provision in their leadership, but I think when one looks mathematically at politics and you look at the ages of people, you look at the work they are doing to bring people into the party, you'd be able to read the tea leaves and to know that my work is to strengthen the Progressive Liberal Party."

If the next general election is called in early 2012, Christie would be 68 years old. While he confirmed that he does not intend to serve another five-year term, he did not specify when he intends to retire.

Christie said he is working aggressively to prepare the party for new, younger leadership.

He explained that this is why he is involved in attracting new faces to the PLP.

Christie said he believes he is the best person to lead the party into the elections, and he noted that this was certified during the party's November convention when he was reelected by an overwhelming majority of delegates.

The PLP leader also said the recent Elizabeth by-election defeat was a clear indication to him that more Bahamians are turning away from the Free National Movement and to the Progressive Liberal Party.

"Given what we had to face in the Elizabeth election, an experienced prime minister who decided to use the entire central government, all his arsenal in that by-election in terms of infrastructure improvements that would have pleased people to no end, the clearance of properties that would have pleased people to no end... notwithstanding that we were able to hold back the tide and win," he said.

"I think that demonstrates very clearly that there is a swing in this country, most certainly up to this point. That's what it demonstrates. I think the people wanted to make a statement and they did and they're not satisfied (with the current administration). This has happened in The Bahamas now and people are used to that."

Christie added, "I was sailing along at the end of 2006 with the economy booming, no one could have persuaded me to believe that I could possibly lose the 2007 election, but you know we have to come to terms with one reality, and that is the people choose and I think that the people of Elizabeth spoke well.

"And I don't pay any attention to a claim that we reduced the majority from 40-plus votes. To me, this is a magnificent victory for Ryan Pinder and the Progressive Liberal Party. It is good for the democracy of The Bahamas that we were able to hold that seat because it rejected the arrogance that happens with governments."

The PLP has already started naming candidates for the next general election. The naming of the first four candidates has come more than two years before the election must be called.

In 2007, PLP candidates were formally announced a few weeks before the general election.

Asked whether he regrets that late announcement, Christie told The Guardian, "There's no question about that. Looking back, hindsight is a wonderful thing, but you have to learn from mistakes.

"And I regret all sort of things, not just the time it took us to get going with the campaign, but also that there were some mistakes that I personally made in terms of accepting situations from colleagues and situations from members of Parliament that I ought to perhaps have been much more decisive in dealing with.

"Now, I've owned up to that, and I wanted to own up to that, because it is a series of mistakes that were made. And it is important that I promise people that I will not make them again."

While Christie has confirmed his intention not to stay on for another full five-year term should the PLP win the next general election, Prime Minister Hubert Ingraham has not yet announced whether he plans to lead his party into the election.

He has said, however, that he plans to make his intention known at the end of 2010.

March 29, 2010

thenassauguardian

Bahamas Blog International

Bahamas: Third Party Leaders React To Election Court Decision

By Karissma Robinson:



Two third party leaders who ran in the Elizabeth by-election last month are reacting to Progressive Liberal Party (PLP) candidate, Ryan Pinder’s Election Court victory.
On Tuesday, Senior Supreme Court Justices Anita Allen and Jon Isaacs decided to allow five protest votes to be counted in Mr. Pinder’s favour.

The decision led to Mr. Pinder winning the February 16, by-election.

The Bahama Journal spoke with National Development Party (NDP) candidate, Dr. André Rollins and Worker’s Party candidate, Rodney Moncur, who weighed in on the ruling.

Dr. Rollins pointed out that from the beginning of the court battle his party maintained that no voter should be disenfranchised and all lawful votes should be counted.

However, he said that the controversy surrounding the by-election process is a direct reflection of the country’s electoral process.

As a result, Dr. Rollins said parliamentarians "must take electoral reform very seriously."

"This is something that must be done in this country. It is unfortunate that it took so long for parliamentarians to realise that something is wrong with the process," said Dr Rollins.

Dr. Rollins suggested that parliamentarians look at several issues that he believes directly impacts the integrity of The Bahamas’ electoral process, including, establishing a fixed date for all general elections; compiling a database linking the National Insurance number, driver’s license number, passport number, voter identification number and a newly created public utility services Number to verify voters’ identities and to keep better track of where they live and when they die.

He said they should also look at making it mandatory for any voter register used in an election to be completed no less than six months prior to the election for which it is used.

Dr. Rollins said he was happy that the Elizabeth constituents have finally gotten a representative.

"The people of Elizabeth should not have been without a representative for a long period of time. I am most pleased with the fact that the ruling has been executed with a great deal of urgency," said Dr. Rollins

Meantime, Mr. Moncur maintained that Ryan Pinder – now the duly elected Member of Parliament for the Elizabeth constituency – is not the right man for the job.

In fact, he insists Mr. Pinder is still not qualified to even hold the Elizabeth seat.

"I am currently reviewing the ruling and consulting with counsel to make sure that I properly understand what I have read. After I would have read the ruling, I will determine whether or not that American (Mr. Pinder) should be sitting in a Bahamian parliament," said Mr. Moncur.

"I have not seen any evidence that this man has renounced his U.S. citizenship. It is scandalous that an American be elected to run in any of The Bahamas’ elections."

Mr. Pinder will be sworn in as the newest Member of Parliament on April 14 at the opening of parliament.

March 25th, 2010

jonesbahamas

Bahamas Blog International

Elizabeth residents react to Election Court decision

By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:



While some in the Elizabeth constituency are still reeling with excitement over Progressive Liberal Party member Ryan Pinder's historic Election Court win, others say it's time for the celebrations to stop and the member of Parliament-elect to begin to fulfill the promises that he made on the campaign trail.

"It's time for Mr. Pinder to get to work," said Free National Movement supporter Dennis Humes.

Humes, 50, who recently moved into the constituency, said he hopes that Pinder can deliver on his many promises.

"Now that the court has made [its] ruling, it's time to get to work," he added.

Humes was one of many in the Elizabeth constituency who responded to the Election Court ruling, which validated all five of the protest votes cast in favor of Pinder. That pushed him ahead of the FNM Elizabeth candidate Dr. Duane Sands by three votes.

The by-election's recount had ended with Sands receiving 1,501 votes and Pinder receiving 1,499 votes.

The five protest votes, however, brought Pinder's tally to 1,504 votes.

That small margin of victory is what had FNM supporter Braford Brown regretting his decision not to cast his vote during the by-election on February 16.

He said that if he and a couple of other supporters had shown up at the polls, Dr. Sands could have won.

However, the Elizabeth voter said despite his allegiance to the governing party, he would give Pinder a chance.

"I feel kind of bad that I didn't vote but I still will give Pinder a chance. I hope he could help put a stop to violence in the area and I hope that he can help with job creation," said 33-year-old Brown who is a resident of St. Zimbabwe Avenue.

Brown is one of about 1,700 registered Elizabeth voters who didn't show up to the polls to vote. He said Pinder seems like he does have some good ideas for the constituency.

Another FNM supporter, Pearlene Tinker, said she believes that Ryan Pinder may help the constituency.

"I hope so because there are plenty of hurting people around here," she said.

"I was disappointed that Dr. Sands didn't make it, but I can't be bitter against Pinder."

A couple of corners away from Tinker lives PLP supporter Escola Bell of Sandilands Village Road, who said she is overjoyed at Pinder's victory.

"He deserves it," said the 72-year-old resident.

"It wasn't his fault that those [protest] votes were cast. It was [the Parliamentary Registration Department's] fault."

Pinder, who addressed the media shortly after the Election Court justices ruled that all of the protest votes were accepted, said he is anxious to begin work in the constituency.

"We've already started some of our programs. We have the jobs skills bank already ongoing. We put together a framework for the promotion of small business within our constituency during these proceedings. So my programs are actively in full force."

He said the most pressing concerns in the constituency are related to economic success, small business growth and job creation.

"That's what my programs are based on and we've certainly began putting those in motion," Pinder added.

Bell said she hopes Pinder does his best.

"He said he would help the young people," Bell said. "I hope he shows them the way to go and how to help themselves so they just wouldn't be on the blocks. We have some young people who are just waiting on a push and I believe that Pinder is the person who would do that."

Sheniqua McKenzie, 24, who lives on an unnamed road in the Elizabeth constituency, said while she isn't really a Pinder supporter, she is satisfied that he won fairly.

She said she is looking for more improvements in the constituency, and hopes that he can follow through with his plan to help create job opportunities.

Elaine Munroe, 32, of Sandilands Road said she didn't vote, but is more than pleased with the results of the election.

Another PLP supporter, who didn't want to be named, said he can't believe that the PLP was able to withstand the "heat" of the governing party.

"They brought a lot of heat, but we overcame," said the supporter who was still in a celebratory mode after the rally on Tuesday night.

"I'm just celebrating the win. It's a happy day. I'm trying Ryan. It's Ryan's time baby."


March 25, 2010

thenassauguardian

Bahamas Blog International

Parliamentary Commissioner Errol Bethel: I did not break the law

By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:


Parliamentary Commissioner Errol Bethel yesterday denied that he broke the law in the execution of his duties in the lead-up to the Elizabeth by-election last month.

Bethel sat down with The Nassau Guardian at his Farrington Road office a day after the justices of the Election Court said in a ruling that he violated the law when he removed a voter's name off the register after it had already been closed.

"I gave it everything I had, to be honest with you," he said of the recent Elizabeth registration process. "I always give my work everything I have. I always plunge fully into whatever it is I have to do, always. People who know me would tell you that... I always endeavor to do my best."

In their ruling, which propelled the Progressive Liberal Party's Ryan Pinder to victory, Senior Justices Anita Allen and Jon Isaacs said the Election Court case has once again exposed failures in the Parliamentary Registration Department.

"Again this process has exposed failures, omissions and errors on the part of the parliamentary commissioner and his staff which may, if not corrected, threaten the fairness of the electoral process and ultimately our democracy. It is not an answer to say that the parliamentary commissioner did not have the resources to do what he is mandated by the law to do. No court can accept that as an explanation for disenfranchising a voter," they said.

Bethel's staff includes fewer than 20 people. During election periods, other civil servants are seconded from other departments to assist.

Bethel admitted that his department is challenged in preparing for elections, but he said he has a hardworking staff that is quite capable.

"We made ourselves available to the people in Elizabeth when that election was called," he said. "The vacancy came on January 6. On January 7 we were in the constituency and we stayed there for the entire period until the register was closed. We registered new people; we did transfers, that sort of thing. So we did quite a bit of work, and also we walked the streets trying to determine where people are. So it isn't that we sat down; we actually worked to do our best to make sure we had everything in order."

He admitted that the process was difficult.

"You don't know an election is coming up until after it is called, but immediately after it was called we set out to work to make sure that we had things in order," said Bethel, who oversaw the last three general elections in the country, as well as local government elections and by-elections.

Bethel said if he did in fact make mistakes, he will work to ensure those mistakes will not be repeated. He admitted that some things may need to be done differently.

"I think we've got to go beyond what we did to make sure we have total accuracy in terms of where people live," he said.

Pointing to the various challenges faced by his department, Bethel said, "In terms of citizenship, day after day this is becoming an extremely difficult situation to deal with. In the Passport Office for instance, one of the things that happens is that you wait two, three weeks for a passport. When people come to us they expect to get registered in two or three minutes.

"So, we have got to be extremely careful in terms of getting information and people don't understand how difficult that is. There are so many Bahamians who don't have passports, who don't even have birth certificates, so it becomes extremely difficult but we have been working through this and I think we've done a pretty good job."

Asked to respond to people who believe his resignation may be in order, Bethel, who has a constitutionally protected position, said, "I will go. I will go. I'm sure the time will come when I will go. I'm not sure when that is. It may be today, it may be tomorrow, I don't know. If people are going to be fair, I think people also need to give credit for the work I have done over the years and what I continue to do in terms of giving service to this country. I don't think I've cheated the country in any way."

The Election Court justices were also critical of the parliamentary commissioner in the 2008 Pinewood ruling, saying the case had exposed the most egregious failures in the system.

Bethel admitted yesterday that the timing of the 2007 Boundaries Commission report created substantial challenges for him and his staff.

"In preparation of a new register you tend to start at a period of time when you want to make sure that by the time the old register expires you'll have a new register to replace it," he said.

"And so we started the 2007 register in September 2005. We started early because we wanted to make sure that we were able to register anybody who wanted to register. The thing to bear in mind is that in preparation of a new register you do not issue the [voter's] cards.

"The cards are not issued until the new register actually comes into force and the new register did not come into force until the House was dissolved in 2007. The House was dissolved on April 4, 2007. Now, you know that there was a Boundaries Commission (report). That Boundaries Commission report came into effect on March 26, 2007. On April 3 the register was closed for the new election because the House was dissolved on the 4th. After the Boundaries Commission report came into force, what we had to do is, first and foremost, we had to create a new register because we had to create a register that reflects these new constituencies and new polling divisions. So we had to go through the whole registration system in our computer and build this new register."

He said his staff worked day and night in the one week they had to get the job done.

"When people got their cards — remember we started registration in 2005 — a lot of people found the moment they received their cards that they were not in the right place," he said.

"But there is nothing we could do about it because the system does not allow us to move people after the register is closed, but that is what we had to work with. And I think the public needs to understand, you're talking about almost an impossible situation, and at the same time while we were trying to get these cards corrected and get them out we had to be planning an election in terms of putting a staff together, in terms of finding polling places, making sure all the election materials are in place and also making sure that we have ballots for the election. So it is not just one task you have to do. There are a number of different tasks that you have to do all at the same time."

Prime Minister Hubert Ingraham said at a press conference Tuesday evening he saw no reason for Bethel to leave his post. Ingraham also pledged that the government will effect reforms in the registration process and indicated that it may also amend the law in this regard.


March 25, 2010

thenassauguardian

Bahamas Blog International

Dr. Duane Sands looks ahead to 2012 Elizabeth race

By Brent Dean ~ Guardian Senior Reporter ~ brentldean@nasguard.com:



While expressing disappointment in the Election Court result, defeated Free National Movement Elizabeth candidate Dr. Duane Sands indicated that he expects to run again for the constituency seat and to be successful in the next race.

"I want to say thank you to the people of Elizabeth. They are truly the victors here. They are the people that this is all about and certainly I look forward to representing them in the House of Assembly, and that they could bank on," said Dr. Sands outside the Supreme Court yesterday.

Dr. Sands was ahead by two regular votes after the Elizabeth recount.

However, the Election Court yesterday allowed all five protest votes cast for Progressive Liberal Party candidate Ryan Pinder, making Pinder the MP-elect for the constituency.

"Well I think, obviously, this is a disappointing ruling but I think in our democracy we certainly must pay respect to the edict, or the ruling of our justices. We'll sit and reflect and we'll make a determination as to what the next step is," said Dr. Sands.

FNM chairman Carl Bethel said that the judges made "new law" in making the determination that led to yesterday's decision.

In the case, the FNM did not accept that all the constituents who voted on protest ballots were legally entitled to vote in Elizabeth – the FNM eventually conceded that voters C and E were entitled to vote.

The court, however, validated all five votes for the PLP and another for Bahamas Democratic Movement candidate Cassius Stuart.

This case was the first under section 69 of the Parliamentary Elections Act.

This part of the Act refers to the procedure to determine elections when the number of protest votes cast outnumber the margin of victory in an election.

National Security Minister Tommy Turnquest said that amendments to the Parliamentary Elections Act may be necessary as a result of the ruling.

"It (the ruling) speaks to where a person is eligible to be registered, at what stage if they move should they be transferred off the register and whose responsibility that is to have them transferred," he said.

"And so obviously there will be questions that we will have to look at as a Parliament — as a country — and determine in the most broadest consultative way how we want to move forward in our parliamentary democracy to ensure free and fair elections."

There are no appeals of the decisions of the Election Court.

Bethel said, however, that there may be some legal points they may be able to appeal to some court in order to look at the constitutional validity of parts of the decision in the Elizabeth Election Court case.

March 24, 2010

thenassauguardian

Bahamas Blog International

The Office of the Attorney General to review by-election ruling

By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:



Prime Minister and Free National Movement Leader Hubert Ingraham said yesterday evening the Office of the Attorney General will review the decision of the Election Court, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder.

The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.

But Ingraham indicated that the FNM has concerns about the reasoning behind the decision.

Making it clear that he was speaking in his capacity as prime minister, Ingraham said, "We were surprised by the reasoning for the decision of the Election Court. It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.

"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."

Ingraham called a press conference at FNM headquarters. It was held shortly after he returned from Inter-American Development Bank meetings in Cancun, Mexico.

The majority of his comments were made in his capacity as leader of the FNM.

"The Free National Movement accepts the court's decision in regard to the final count in the Elizabeth by-election. As I have previously stated, elections should be won on the ground, not in the court," he said as a packed room of FNM supporters looked on.

"Accordingly, the FNM does not propose to do what the PLP did after the last general election and tie up the courts with all manner of electoral challenges. While we may not see eye to eye with the court's reasoning in this case we honor its authority and its final determination.

"We honor also the will of the majority of the voters in the Elizabeth constituency and we will continue to honor the will of the majority of Bahamian people who reposed their trust in the FNM in the 2007 general election. In our democracy, every vote counts. Today, after all of the eligible votes have been counted, the PLP retained a seat they won in the last election with a majority of 45 votes. We are grateful to the people of the Elizabeth constituency for their support of Dr. Duane Sands and the FNM. We are pleased by the fact that we reduced the PLP's margin in Elizabeth during these especially difficult economic times. We are also pleased that we reduced the PLP's margin in Elizabeth by a sizable amount, 42 votes."

The by-election became necessary after Malcolm Adderley — who won the seat in 2002 and 2007 on the PLP's ticket — resigned at the beginning of this year from the PLP and the House of Assembly.

The FNM had hoped that Dr. Duane Sands would fill the seat.

"Duane Sands has a bright future in the political and public life of The Bahamas," Ingraham said yesterday. Asked whether he was planning on appointing Sands to the Senate, the prime minister said, "No. I'm going to have him elected to the House."

He also said, "The country and the FNM need his energy, his dedication and his passion for the empowerment of the people of Elizabeth and the wider Bahamas. Now, the by-election is over and the court case is done. The business of government continues. One of the first orders of business in terms of Elizabeth is to ensure that the promises we made as the government of the day to the people of that constituency are honored. We are a government and party that matches our words with our deeds."

Once again, the Election Court justices raised concerns about the parliamentary election process and spoke to the need for the Parliamentary Registration Department to have the necessary resources to do its job.

Ingraham said, "Because fair and well run elections are essential to the democratic process, we are working to reform and upgrade the registration process that was left in a chaotic and confused state because of PLP inaction and incompetence. That work has already begun. The Parliamentary Registration Department will begin a new voters register in April. In the remaining time of our mandate we will work to ensure that economic recovery is followed by economic prosperity. We will continue to vigorously confront crime and its root causes. We will continue to put in place the building blocks for a sustainable national health insurance plan..."

Asked whether it is his view that Parliamentary Commissioner Errol Bethel should resign in light of the strong criticisms of the Election Court, the prime minister pointed out that the parliamentary commissioner has constitutional protection, just like judges.

"They are both constitutionally protected from removal from office except for cause," he noted. "And the same provisions that apply to judges apply to the parliamentary commissioner in terms of the removal from office. There is no basis upon which I can conceive of that will require the removal of the parliamentary commissioner from office. I do not blame the parliamentary commissioner for anything. He did his job."

Providing a further response to the determination of the Election Court, Ingraham said, "It has never entered my head that in The Bahamas it is possible for someone who is not registered to vote, who has no voter's card, whose name is not on a voter's list to be able to show up on election day and vote. I never knew that was possible in The Bahamas.

"I never knew it was possible in The Bahamas for me to be registered in one constituency, move to another constituency, do not transfer my voter's card, show up with a voter's card that says I'm in the other constituency, show up with a driver's license actually, and have my vote cast and my vote counted. I never knew that was possible in The Bahamas."

March 24, 2010

thenassauguardian

Bahamas Blog International

PLP's Ryan Pinder wins Elizabeth following court ruling

tribune242:


1:16pm – The court has just ruled that 3/4 of the costs will be paid by the Parliamentary Commissioner and the remaining 1/4 by the 3rd respondent, the FNM's Dr Duane Sands.

1:14pm – Lead counsel for the FNM's Dr Duane Sands, Thomas Evans, QC, just spoke with The Tribune and said that once he's had a chance to read the ruling completely he will advise his client on whether further steps should be taken, and said there may well be further steps.

1:06pm – For clarification, the justices actually ruled that all 6 votes that had been protested on election day be counted. Five of them were cast for the PLP's Ryan Pinder, giving him a final 3 vote lead over the FNM's Dr Duane Sands. The other vote had been cast for the BDM's Cassius Stuart, but in no way affected the final outcome.

12:52pm – A loud eruption of cheering broke out when the PLP supporters waiting outside the courtroom heard that their candidate Ryan Pinder had been declared the winner of the Elizabeth constituency seat. PLP leader Perry Christie went outside during the break and was shaking hands with supporters.

12:50pm – Court has been adjourned for a few minutes to allow the judges to deliberate over who should pay costs for this case and how the costs should be divided. The argument has been made that the Parliamentary Commissioner's office should assume a significant portion of the costs as it turned out that the votes were protested because of errors in the registration process.

12:41pm – The proceedings continue with debate over who should be required to pay election court costs.

12pm – Senior Justice Anita Allen has just ruled that following the hearing and deliberation, all five protested votes will be counted. This ruling puts the PLP's Ryan Pinder ahead by three votes. Allen warned the packed courtroom that she would not tolerate any outbursts before she began and when the results were read, there was complete silence in the courtroom.

11:33am – Everyone involved in the Elizabeth by-election court case is now inside the courtroom and proceedings have begun. The courtroom is filled to capacity.

10:58am – A crowd of about 50 curious onlookers and supporters of both the Free National Movement and the Progressive Liberal Party have gathered outside the court hearing the Elizabeth by-election case.

Senior Justice Anita Allen and Jon Isaacs who have been presiding over the case have just arrived at court, but the two candidates vying for the parliamentary seat – FNM's Dr Duane Sands and PLP's Ryan Pinder have not been spotted.

When the case is scheduled to resume at 11:30 today, a ruling will be given as whether any of the five protested votes cast for Pinder will be counted. Pinder needs three votes to be declared the winner of the election. A two vote gain for Pinder would result in another election.

March 23,2010

tribune242

Bahamas Blog International

FNM Lead attorney Thomas Evans QC: three protest votes must automatically be thrown out

tribune242:


LEAD attorney for FNM candidate Dr Duane Sands, Thomas Evans QC, yesterday argued in election court that of six protest votes cast in the Elizabeth by-election three must be automatically thrown out as the individual's names did not appear on the Elizabeth register on the day of the election.

"The evidence shows that three voters were not registered in Elizabeth. Two were in the adjacent Yamacraw and one was in Fox Hill. These voters plainly are not entitled to vote in the Elizabeth constituency and no question of retifcation of register with any of them," Mr Evans told the election court.

He further argued that in addition to these three votes - that of Voter A, D and F - the vote of Voter B should not be counted as his date of birth on his driver's licence which he sought to use to vote differed to that on the register and he never appeared before the court to explain why.

This left two protest votes, that of Voters C and E, which Mr Evans agreed should be counted. Philip Davis, lead attorney for PLP candidate, Ryan Pinder, had proposed on Wednesday that all five protest votes cast for his party's candidate should be upheld as valid.

But Mr Evans contended that the court can only consider counting the votes of those voters for whom clerical errors or omissions caused them to have to cast their ballot on a coloured or protest ballot, not those who did not appear on the register at all as the register should be consider "conclusive" on the day of the election.

He further stated that for the court to "stray" into the question of whether certain voters were resident in the constituency or not would cause the court to "overstep" its mandate in this particular matter.

The attorney made these comments as he gave his final submissions to the court on behalf of his client, FNM candidate Dr Duane Sands. Some had expected that once Mr Evans concluded his submissions today that judges would leave the court to deliberate and come to a conclusion on the matter as early as today. But yesterday when Mr Evans took his seat having made his final submissions relative to the votes, lead attorney for PLP candidate Ryan Pinder, Philip Davis stood to counter some of the points he had made and this is expected to continue tomorrow when the court resumes at 10.30am.

At present it is not entirely clear when a conclusion to the case will come, and it is possible that the matter may drag on until next week.

In the February 16 by-election in Elizabeth, Dr Duane Sands won 1,501 ordinary votes and Mr Pinder got 1,499. Mr Pinder made an application to the court to determine the validity of five "protest" votes cast for him, to see whether they could be added to the official vote count and therefore change the outcome of the election, making him the representative for the constituency.

Mr Evans spoke at some length about Voter A, whose vote he ultimately said should be discounted.

That voter claimed she registered at a foodstore then gave evidence to the court that she found that she had been "put in the wrong constituency" (Fox Hill not Elizabeth). She said she and some friends and family members net with Parliamentary Commissioner Errol Bethel to have the situation rectified.

However, Mr Evans drew that claim into question, and told the court he was "sorely tempted to ask you to dismiss" the evidence that she met with Mr Bethel and sought to have the discrepancy changed.

The attorney said this was because Errol Bethel was not questioned on this alleged meeting while he gave his evidence and because there were varying and significant differences between the evidence of voter A and other supporting witnesses connected to her, as well as between her own evidence at different times.

He noted that Mr Bethel said that he had no record of Voter A having attended his office to change her voter's card. There was no documentary evidence and her oath was unamended, said Mr Evans.

"Normally if a change was made it would be reflected in all of the documents relevant to that voter," said Mr Evans.

"The flood or accumulation of contradictions in the evidence is irrefutable proof of their lack of credibility," he said of voter A and associated witnesses.

"This court is invited to find that Voter A never made any such application or attendance at the Parliamentary Registrar's office,that Voter A voluntarily placed herself in the Fox Hill constituency by giving herself the address North Pine Barren Road and that her vote should not be allowed," proposed Mr Evans.

He added the inconsistencies raise the possibility of her voter's card being fraudulent. "I'm not saying anyone is guilty of fraud, but it is a possibility."

"We would say that from all the evidence available that the voter's card may very well not be genuine."

"If it is believed, you may direct further investigations along those lines."

In relation to Voter B, who was made to cast a protest vote after he could not produce a voter's card but only a driver's license which had a birth date upon it which differed from the date of birth on the register, Mr Evans said that because the voter has not appeared before the court or provided any evidence or explanation for the differences his vote should not be allowed.

"We have no evidence to show that the holder of the license is the same person on the register," said Mr Evans.

In relation to voter C, Mr Evans said that there was an inconsistency between the date of birth on her driver's license and on the counter foil and register. However, in this case Mr Evans said his client does not "suggest it can't be counted."

In relation to Voter D, Mr Evans said she does not live in the Elizabeth constituency and is registered in Yamacraw. "It follows that her vote can't be counted," he said. Voter D was removed from the register by the parliamentary commissioner.

Voter E, Mr Evans said she was on the Elizabeth register and had a voter's card and therefore she was "no doubt entitled" to vote. He said that the question of whether she was in fact an Elizabeth resident was a separate question, but could not be determined as part of this court matter.

With regard to Voter F, he said her vote should not be counted as she did not have a voter's card or appear on the Elizabeth register.

Mr Davis, beginning to respond to Mr Evan's submissions, said that if the court accepts the assertions made by Mr Evans it would "have startling results."

The attorney charged that the inconsistencies in the testimony of Voter A and other associated witnesses in fact make their evidence more believable.

If all of the witnesses had given the same story, one would suspect they had been "coached," he said.

"One has to look at the inconsistencies in regard to the passage of time," Mr Davis said.

"If a husband doesn't remember the date of his marriage, does that mean he didn't get married?" he asked.

March 19, 2010

tribune242

Bahamas Blog International

Philip Brave Davis - Progressive Liberal Party (PLP) lead counsel makes final submissions in Election Court

By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:


Mistakes by the Parliamentary Registration Department accounted for some of the confusion which resulted in five people casting their votes on colored ballots during the Elizabeth by-election, lead counsel for the Progressive Liberal Party (PLP) Philip Brave Davis said as he made his final submissions in Election Court yesterday.

"Unfortunately, failures in the parliamentary registration system persist", said Davis.

"And the parliamentary commissioner's failure to ensure the integrity of the registration process and as a consequence the register continues."

He continued, "What is lamentable is that the Election Court has had the occasion to point these facts out and admonished action on the part of the parliamentary commissioner.

"But alas to naught. Here we are again - [almost] three years later," Davis added, referring to the Pinewood election case which he claimed exposed "the most egregious failures in the parliamentary system."

Senior Justice Jon Isaacs interrupted Davis, pointing out that the parliamentary commissioner is "starved of resources." He added that Davis' criticisms seemed unfair. However, Senior Justice Anita Allen said the lack of resources cannot be used as an excuse in this instance.

Yesterday, Davis laid out several reasons why the Election Court should validate the five protest ballots cast in favor of PLP Elizabeth candidate Ryan Pinder.

If at least three of those votes are approved, Pinder would be declared the winner of the February 16 by-election, which ended with Dr. Duane Sands receiving 1,501 votes and Pinder receiving 1,499. If the court only accepts two of the protest votes for Pinder, a re-election would be ordered.

In the case of voter A (as she is referred to protect her identity), Davis said there is overwhelming evidence to support that she is an ordinary resident of the Elizabeth constituency, including the fact that she voted in Elizabeth during the 2007 general election.

Additionally, Davis noted that the third respondent, who is Free National Movement candidate Dr. Duane Sands, met voter A on February 13 at approximately 3 p.m. while campaigning in the area.

Davis said he expected Sands' counsels to bring up that point considering that they are trying to assist the court in the inquiry.

"I am deeply disappointed that we did not have the assistance of the third respondent," Davis said.

"There appears to be no issue as to whether [the voter] lives on Pine Barren Road," he added.

During the course of the challenge, Sands' attorneys suggested that voter A lived in another constituency.

Voter A is not on the register for the Elizabeth constituency. In her evidence she said when her voter's card was initially issued to her in 2007, it listed her address as North Pine Barren Road, which placed her in the Fox Hill constituency.

The voter said she along with her husband and others in her extended family went to the Parliamentary Registration Department some time later to rectify the mistake. She also said she got a new voter's card which listed her address as South Pine Barren Road, thereby placing her in the Elizabeth constituency.

Davis said yesterday that the voter should not be disenfranchised because of the failure of the Parliamentary Commissioner's Office to correct its internal records.

Davis noted that clerical errors made in the register also led to the disenfranchisement of voter C.

He said on voter B's form B (registration form), her voter's card and her passport have her date of birth listed as January 3, 1970, while her form D (counterfoil) and the entry in the register have January 13, 1970. He noted that Parliamentary Commissioner Errol Bethel accepted that there were clerical errors made on form D.

Davis said no further issue affects the voter, and as a result the register should be rectified accordingly.

In relation to voter E, Davis said she should not have been made to vote on a colored ballot. According to him the voter produced sufficient means to cast her ballot.

Voter E was challenged on the grounds that she did not live in the constituency. However, Davis pointed out that an examination of her voter's card and forms B and D reveals a discrepancy in her address.

Her B and D forms B show her address as South Sandilands Village Road, West Fox Hill Road, East Alligator Court. Her voter's card shows the same address, but East Alligator Road is recorded instead of 'Court'. However, neither East Alligator Road or Court were included on the register because of computer constraints, Davis said, which resulted in the voter having to cast her vote on a protest ballot.

Davis said the vote should be allowed because the presiding officer misdirected himself in permitting the voter to cast her vote on a colored ballot. He added that the voter should not be disenfranchised because of that misdirection.

In the case of voter D, Davis said her name should have never been removed from the register.

"The parliamentary commissioner's act was contrary to law," said Davis.

As reported in The Nassau Guardian last week, the address on voter D's counterfoil was originally marked as 152 Commonwealth Boulevard, South Malaysia Way. However, Parliamentary Commissioner Errol Bethel told the court that the Parliamentary Registration Department changed it to North Malaysia Way.

The parliamentary commissioner said that this was done after voter D had already sworn an oath that the original address was correct.

Bethel admitted that both the counterfoil and the oath were changed after he authorized the voter's name to be placed on the Yamacraw register.

He said he did not recall whether he notified the voter when the change was made.

Yesterday, Davis said that according to Section 25 of the Parliamentary Elections Act, the day after a writ of election (issued by an executive authority requiring that an election be held) is ordered no name or entry can be removed from any of the appropriate parts of the register until after the poll day.

He noted that Bethel acknowledged the voter's name was removed on January 30.

"The parliamentary commissioner's act was contrary to law," Davis said.

He added that the parliamentary commissioner should have allowed the name to remain on the register and flagged or challenged the vote on election day.

Finally, in the case of voter F - who moved to Elizabeth in 2006 but did notify the Parliamentary Registration Department of the address change - Davis said the act of applying for a transfer is discretionary and not one that any voter is obligated to do.

He said it is the duty of the Parliamentary Registration Department to ensure that people are registered in the correct constituency.

Voter F told the court earlier this week that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. She noted that her current voter's card places her in the Yamacraw constituency, but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. Yesterday Davis said because she is a resident of the constituency and has already voted, the vote should be counted.

Pinder, who is the petitioner, is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.

In addition to Davis, Pinder is represented by attorneys Valentine Grimes, Wayne Munroe and Keod Smith.

Sands is represented by attorneys Thomas Evans, QC, and Milton Evans.

Evans, QC will make his final submissions today. Attorney David Higgins of the Office of the Attorney General, who is representing Parliamentary Commissioner Bethel and Returning Officer Jack Thompson, is expected to close out the submissions portion when Evans is done.

After that, Senior Justices Anita Allen and Jon Isaacs are expected to deliberate on which if any of the five protest votes will be accepted.


March 18, 2010

thenassauguardian

Bahamas Blog International

Election Court Bahamas: Court hears that three protest voters did not live in Elizabeth

By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:



The names of three of the five people who voted on protest ballots in favor of Progressive Liberal Party candidate Ryan Pinder on February 16 are not on the Elizabeth register, according to evidence given by Parliamentary Commissioner Errol Bethel yesterday.

Bethel told the Election Court that voters A, D, and F — as they are referred to in court to protect their identities — were registered in neighboring constituencies.

Voters D and F are registered in Yamacraw, while voter A is registered in Fox Hill, according to Bethel, who took the stand for the second day yesterday.

Pinder wants the court to rule that the five protest votes cast in his favor are valid. If at least three of those votes are approved, he would be declared the winner of the election.

During cross-examination by attorney Milton Evans, who represents Free National Movement candidate Dr. Duane Sands, Bethel said the voters were placed on the various registers because of the information provided by them about their addresses.

He said it was not a mistake that they were registered in those constituencies. Rather, Bethel said it was a conscious decision.

He added that before the 2007 boundary change, voter A was in the Elizabeth constituency. However, Bethel said when the boundaries were cut during the run-up to the general election, the voter was transferred to the Fox Hill constituency.

He estimated that the boundary change affected tens of thousands of people.

The parliamentary commissioner also said he would not be surprised if there were other voters holding voter's cards for the wrong constituency.

Senior Justices Anita Allen and Jon Isaacs, who are presiding over the case, asked whether the parliamentary commissioner attempted to clean up the register since the last general election.

Allen noted that more than two years have passed since the general election and wondered whether the parliamentary commissioner would have an obligation to fix the register.

However, Bethel said changes are only made when voters initiate the process. He said when voters move, it is their obligation to notify the Parliamentary Registration Department.

After Bethel left the stand, voters E, C, and F testified briefly.

When questioned by Pinder's lead counsel Philip Brave Davis, voters E and C told the court that the affidavits that they signed were true and correct.

Voter F told the court that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. However, she could not recall which constituency she voted in.

She noted that her current voter's card places her in the Yamacraw constituency but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. She admitted, however, that she never notified the Parliamentary Registration Department about the move and therefore was never transferred to another constituency.

The voter, who did not have her voter's card yesterday, is expected to return today to continue her testimony.

Voter A's husband also testified yesterday.

He told the court that he and his wife have lived on South Barren Road in the Elizabeth constituency since 2006.

He said when his wife received her voter's card in April 2007, she noticed that she was registered in the Fox Hill constituency. The man said when she realized that, she went to the Parliamentary Registration Department to have it changed to Elizabeth. Voter A's husband said his wife eventually got the card corrected and subsequently voted in Elizabeth during the 2007 general election.

Under cross-examination, voter A's husband said he and his wife often visit his mother's house, which is in the Yamacraw constituency. He said sometimes they stay there for as long as a month. He said his mother is a cancer patient and they go there to help her out. He denied that he rents an apartment in the Yamacraw constituency.

Voter's A adopted father also offered similar testimony. He said voter A lives with him and about 45 other people in the Elizabeth constituency. He explained that they run a charity that assists the homeless.

He said both he and voter A met Pinder and Sands while they were campaigning in the days before the by-election.

Returning Officer Jack Thompson also took the stand briefly yesterday.

He confirmed that there were six protest votes — five for Pinder and one for Bahamas Democratic Movement candidate Cassius Stuart.

The Elizabeth by-election ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.

Pinder is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.


Tuesday March 16, 2010

thenassauguardian

Bahamas Blog International

Election Court Bahamas: Progressive Liberal Party (PLP) Election Court petition will stand

By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:



The Election Court yesterday rejected an application filed on behalf of Free National Movement candidate Dr. Duane Sands to throw out the petition of the Progressive Liberal Party's Ryan Pinder on the basis that it is "fundamentally flawed".

Sands' lead counsel Thomas Evans, QC raised that argument yesterday as the Elizabeth challenge got underway before Senior Justices Anita Allen and Jon Isaacs.

Evans contended that Pinder's petition is deficient as it does not set out what he is hoping to gain at the end of the process and thereby places the respondents at a disadvantage.

Pinder, who was the PLP's candidate in the recent by-election in Elizabeth, wants the court to rule that five protest votes cast in his favor are valid. If at least three of those votes are approved, he would be declared the winner of the election.

The respondents in the case include Sands, Parliamentary Commissioner Errol Bethel and Returning Officer Jack Thompson.

Evans said the basic principle of the case requires the respondents to know what the case is.

He noted that Pinder wants the court to exercise its jurisdiction under Section 69 (1) of the Parliamentary Elections Act.

This section of the act allows a candidate to petition the court to consider the protest votes cast if the margin of victory by his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.

"A petitioner who is seeking to avail himself of the jurisdiction of the court ought to say what he is seeking," Evans said.

"In this case one would expect that he would reveal exactly what it is that he seeks to receive from the court. If he does not do that he puts the respondents in a position of not knowing what case they have to meet, not knowing what they have to respond to."

Evans said the petitioner (Pinder) must assert that the voters were properly registered and entitled to vote.

"The petition contains no prayer in his favor. There are no grounds given for finding that the voters were properly registered and entitled to vote," Evans said. "A petition has particular characteristics, one of which [is] the petitioner must set out the brief facts. Notwithstanding the discreet nature of the petition, the court must deal with it in the same manner as it deals with any other petition."

Evans argued that the defect in the petition cannot be cured by an amendment.

Attorney David Higgins, who represents Bethel and Thompson, adopted that position. Higgins said the petition ought to be able to stand on its own.

Additionally, Evans argued that it would be an abuse of the court process if the petition is allowed in court.

However, Pinder's lead counsel Philip "Brave" Davis argued that it would be an injustice to strike out the petition.

He said respondents should know exactly what the petitioner is seeking to gain.

Davis said he was surprised that the justices would even allow such submissions to be made.

"I do not know what else they want to know. I have given them our complete written submissions," Davis said.

"I think the parties have all that they require. To suggest that we should strike out the petition is an alarming proposition."

After a 10-minute break to decide whether the petition was in fact fundamentally flawed, Senior Justice Allen announced that the application to strike out the petition was denied.

Evans then sought an application to stay the case so that he could appeal the justices' decision, but Davis objected.

He said it would be a "total waste of time" and urged the justices to refuse the request.

The justices took a short break to decide if they would allow the stay. However, after about 15 minutes, Allen announced that that request was also rejected.

She said it is imperative that the will of the electorate be determined as soon as possible.

Allen also noted that costs would be awarded to the petitioner for two attorneys.

Evans then requested the court to grant him a conservatory stay until Monday so that he could approach the Court of Appeal. However, that request was also denied.

Davis noted that Evans has the option of approaching the Court of Appeal before the start of today's proceedings, which are set to begin at 10 a.m.

It is unclear whether Evans will still attempt to appeal the justices' decision.

Allen said the proceedings will continue today with Davis presenting his submissions.

The Elizabeth by-election, which took place February 16, ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.

If the court only accepts two of the protest votes for Pinder, a re-election would be ordered.



Friday March 12, 2010

thenassauguardian

Bahamas Blog International

Progressive Liberal Party (PLP) Leader Perry Christie Defends Ryan Pinder’s Citizenship

By IANTHIA SMITH:



Progressive Liberal Party (PLP) candidate, Ryan Pinder has been shrouded in controversy over his US citizenship, which he admits he recently renounced, as well as questions over his allegiance to The Bahamas.

But PLP Leader Perry Christie said yesterday that he is quite satisfied that his candidate is "Bahamian-made."

"I am satisfied that Mr. Pinder today, is satisfied that everything he did was done correctly, on time and we wait for those who assert to make their assertions," Mr. Christie said. "He who asserts must prove."

Since announcing his decision to run on the PLP ticket in the February 16 by-election, numerous questions about his citizenship and loyalty to the country have loomed.

In the weeks leading up to the by-election, members of the Free National Movement (FNM) questioned Mr. Pinder’s qualifications as a lawful candidate in the by-election, pointing out that the PLP candidate had dual citizenship.

With mounting criticisms about his allegiance to the country, Mr. Pinder announced just days before the by-election that he had renounced his United States citizenship.

Mr. Pinder, who is the son of former PLP MP Marvin Pinder, and an American woman, had dual citizenship with The Bahamas and the United States.

But Prime Minister Hubert Ingraham said on Sunday that he wants Mr. Pinder to prove that he in fact renounced his citizenship before the by-election.

Mr. Ingraham added that if the matter is in fact heard in Election Court, the party will call on the PLP to present Mr. Pinder’s American passport before the court.

"When we go to court we will have Dr. Duane Sands’ passport and we will say that he is a Bahamian. We will say that he has never held any other citizenship at any other time. We will call upon them [the PLP] to show Mr. Pinder’s American passport to show where it was marked cancelled by the Americans before nomination day.

"It is very important for the court to know upfront that each person who is before it is qualified to be there."

The prime minister argued that there is nothing wrong with Mr. Pinder or anyone else being an American citizen and running for office.

He said "just being a citizen is not an offence by itself."

The FNM even used the citizenship issue as a platform to criticise Mr. Pinder during its campaign trail.

National Security Minister Tommy Turnquest even announced during his party’s rallies that Mr. Pinder had never even voted in The Bahamas.

February 23rd, 2010

jonesbahamas

Bahamas Blog International