By Keva Lightbourne~ Guardian Senior Reporter ~ kdl@nasguard.com:
Attorney Paul Moss, who mounted an unsuccessful challenge against Perry Christie for the leadership of the Progressive Liberal Party at its November 2009 convention, has resigned from the PLP.
"The same careful and considered deliberations that I referenced in 2007 have now propelled me to this decision," said Moss, who became a card-carrying member of the party in May 2007.
"Then I felt that the PLP was at the stage where it would have to regroup and rebuild. I believed that the party needed an injection of new blood to shore up and bolster not just its image but its very existence. I advocated that the party should keep all that was good and solid, while identifying, embracing and utilizing new talents with which to build.
"Almost three years later, that has not happened. Much of the PLP leadership belongs to an earlier generation, where old ideas and old ways of doing things remain, stubbornly the order of the day. There appears to be no room or patience for fresh, new perspectives. And so the time has come for me to make my exit."
The statement announcing Moss' departure from the PLP was sent from his Dominion Management office on Montrose Avenue. Moss is reportedly in Zurich, Switzerland.
When contacted yesterday for comment, PLP chairman Bradley Roberts said he had not received the letter of resignation, but gathered that the move was made.
"We would just like to wish Mr. Moss all the success in whatever he is going to be doing," Roberts said.
He also expressed personal views in responding to the resignation.
Roberts said, "Mr. Moss is clearly not a team player. He seems to be an individual who is a loner. He wants to be able to act as though he is a part of an organization, but then again as an individual. He obviously had difficulties working within the framework of the Progressive Liberal Party or may indeed have problems working in any other political party, but nonetheless we wish him all the best."
Roberts added that people come and go in political organizations all the time.
"It's no big deal," he said.
Moss suffered a big defeat in that leadership race where he was only able to garner 23 votes to Christie's 1,158 votes. Bain and Grants Town MP Bernard Nottage, who also vied for the leadership position, captured 204 votes.
That win for Christie silenced many critics within and outside the PLP, as he secured more than 80 percent of the votes cast, cementing his place as the unquestionable leader of the party.
According to some political observers, Moss' decision to run against the top man in the party dealt a serious blow to his political aspirations.
But that has not deterred Moss from forging ahead as he still plans to seek a seat in Parliament.
He plans to run as a candidate in St. Cecilia in the 2012 general election.
March 17, 2010
thenassauguardian
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Wednesday, March 17, 2010
Tuesday, March 16, 2010
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
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
Free National Movement (FNM) Chairman Carl Bethel accuses paper of 'character assassination'
tribune242:
FREE National Movement Chairman Carl Bethel has criticised a local tabloid newspaper for what he has described as a continued "campaign of character assassination".
Responding to an article which appeared in The Punch last Thursday, Mr Bethel claims The Punch has continued to misrepresent his achievements during his tenure as Minister of Education.
He also stated that despite reports, he at no time expressed any interest in rejoining the FNM Cabinet.
In a letter, Mr Bethel said: "The Punch, in an obvious and sustained campaign of character assassination, continues to propagate outright lies about me. In the Thursday, March 11, edition this pattern of attack has been repeated and expanded."
Mr Bethel further stated: "The Punch has continued to misrepresent the achievements of my tenure as Minister of Education. For the record, I was the Minister who conceived of, and set up, the Sexual Complaints Unit in the Ministry of Education, with the hardworking members of my staff, not Minister Desmond Bannister, as was untruthfully claimed in The Punch.
"The Sexual Complaints Unit was set up at my command when it became clear that the ministry had no institutional mechanism, or capacity, to appropriately and expeditiously investigate all complaints involving alleged sexual misconduct by teachers and support staff in our schools." Mr Bethel stated.
According to Mr Bethel, he was more concerned with ensuring a safe environment for students in every school in The Bahamas.
"That achievement is among other positive initiatives which I left for Minister Bannister and every succeeding Minister of Education, and for the benefit of generations of Bahamian students to come," Mr Bethel stated.
He added: "At no time did I ever ask to re-join, or even so much as hint to anyone, that I was interested in re-joining the Cabinet. In fact, had I been asked to re-join the Cabinet in any capacity, at this time, I would have refused for the same reasons that I decided to resign from it in November 2009 namely, that the Party needed a Chairman to help prepare it for the next general elections."
Mr Bethel noted that he had resigned from the FNM Cabinet so that he could do all in his power to help the party prepare for the next general elections.
"Those reasons have not changed, and I am not interested in returning to Cabinet until that job is done," he stated.
March 15, 2010
tribune242
FREE National Movement Chairman Carl Bethel has criticised a local tabloid newspaper for what he has described as a continued "campaign of character assassination".
Responding to an article which appeared in The Punch last Thursday, Mr Bethel claims The Punch has continued to misrepresent his achievements during his tenure as Minister of Education.
He also stated that despite reports, he at no time expressed any interest in rejoining the FNM Cabinet.
In a letter, Mr Bethel said: "The Punch, in an obvious and sustained campaign of character assassination, continues to propagate outright lies about me. In the Thursday, March 11, edition this pattern of attack has been repeated and expanded."
Mr Bethel further stated: "The Punch has continued to misrepresent the achievements of my tenure as Minister of Education. For the record, I was the Minister who conceived of, and set up, the Sexual Complaints Unit in the Ministry of Education, with the hardworking members of my staff, not Minister Desmond Bannister, as was untruthfully claimed in The Punch.
"The Sexual Complaints Unit was set up at my command when it became clear that the ministry had no institutional mechanism, or capacity, to appropriately and expeditiously investigate all complaints involving alleged sexual misconduct by teachers and support staff in our schools." Mr Bethel stated.
According to Mr Bethel, he was more concerned with ensuring a safe environment for students in every school in The Bahamas.
"That achievement is among other positive initiatives which I left for Minister Bannister and every succeeding Minister of Education, and for the benefit of generations of Bahamian students to come," Mr Bethel stated.
He added: "At no time did I ever ask to re-join, or even so much as hint to anyone, that I was interested in re-joining the Cabinet. In fact, had I been asked to re-join the Cabinet in any capacity, at this time, I would have refused for the same reasons that I decided to resign from it in November 2009 namely, that the Party needed a Chairman to help prepare it for the next general elections."
Mr Bethel noted that he had resigned from the FNM Cabinet so that he could do all in his power to help the party prepare for the next general elections.
"Those reasons have not changed, and I am not interested in returning to Cabinet until that job is done," he stated.
March 15, 2010
tribune242
Monday, March 15, 2010
Theresa Moxey-Ingraham is on the money!
By Dennis Dames:
I am so proud of the Hon. Theresa Moxey-Ingraham, and her recent public remarks regarding gambling for all adults in The Bahamas who wish to do so. She in on the money when she pointed out the waste of police resources in raiding web shops where peaceful and personal activities take place in a licensed environment.
It is a joke, and has always been - as the late Mr. Percy Munnings – a former chairman of the PLP, and others were allowed free reign in their day to sell numbers to a peaceful number-buying Bahamian community. There were few police raids then that made no sense - as they do jokingly today.
I agree with all Ms. Moxey-Ingraham had to say in this regard; and indeed - the time has come for us to amend our gambling laws so that Bahamians and other residents alike could gamble freely without having to look over their shoulders. We deserve it, and it is long over-due in my view.
The only thing that I do not agree with Ms. Moxey-Ingraham with - is her early retirement from Bahamian politics; especially in light of her ongoing crusade to fight for equal opportunities for those of her sex.
March 15, 2010
Bahamas Blog International
I am so proud of the Hon. Theresa Moxey-Ingraham, and her recent public remarks regarding gambling for all adults in The Bahamas who wish to do so. She in on the money when she pointed out the waste of police resources in raiding web shops where peaceful and personal activities take place in a licensed environment.
It is a joke, and has always been - as the late Mr. Percy Munnings – a former chairman of the PLP, and others were allowed free reign in their day to sell numbers to a peaceful number-buying Bahamian community. There were few police raids then that made no sense - as they do jokingly today.
I agree with all Ms. Moxey-Ingraham had to say in this regard; and indeed - the time has come for us to amend our gambling laws so that Bahamians and other residents alike could gamble freely without having to look over their shoulders. We deserve it, and it is long over-due in my view.
The only thing that I do not agree with Ms. Moxey-Ingraham with - is her early retirement from Bahamian politics; especially in light of her ongoing crusade to fight for equal opportunities for those of her sex.
March 15, 2010
Bahamas Blog International
Former Government Minister Theresa Moxey-Ingraham speaks out against anti-gambling laws
By ALISON LOWE
Tribune Staff Reporter
alowe@tribunemedia.net:
A FORMER FNM minister and MP has lashed out at the Government and police, accusing them of "terrorising peaceful citizens" as they continue to enforce anti-gambling laws.
Theresa Moxey-Ingraham yesterday described the use of "valuable police resources" to raid web shops where members of the public are "engaging in peaceful and personal activity within the precincts of a licensed business establishment" as a "travesty".
"In a time when crime is rampant, known criminals are on the loose and traffic violations are the order of the day, there is so much of greater value for our Police to pay attention to," said the ex-cabinet minister.
Mrs Moxey-Ingraham made her comments yesterday in a letter to The Tribune, written in her capacity as a member of the Bahamas Gaming Reform Committee. The BGRC wants to see a relaxation of the Bahamas' anti-gaming laws to allow Bahamians and Bahamas residents to gamble.
It claims the laws prohibiting them from doing so, while visitors can at will, are discriminatory and are causing The Bahamas to lose its competitive touristic standing in the region, among other things.
Referring to the enforcement of the laws, which the BGRC consider outdated, Mrs Moxey-Ingraham, who served as MP for Golden Gates from 1992 to 2002 and held numerous ministerial portfolios under the former Ingraham administration, said the "time has long come and gone for this nonsense to stop".
Her comments come in the wake of recent raids on web shops in New Providence, in which a number of customers and employees were taken into custody, and cash was seized by police.
At the time of one of those raids - that of the Collins Avenue location of the Island Luck web cafe on Tuesday March 9 - a number of officers admitted to The Tribune that they saw "no sense" in what they were doing as the numbers house would in all likelihood be open for business again in 24 hours - along with the countless others throughout the length and breadth of the country.
Mrs Moxey-Ingraham said: "Government should not be in the business of making criminals and fugitives out of its citizens, especially over matters such as gaming which can be classified as a 'victimless' activity.
"Our citizens and residents ought to enjoy the same recreational privileges as visitors to these shores, and they have shown by their quiet persistence and their determination that despite feeble attempts by government and the Police to stop them, they fully intend to take ownership of their inherent right to equal treatment within this country."
She suggested that the fact Bahamians continue to frequent numbers houses in large numbers could be taken by the Government as a sign that it is time to legalise the activity.
"Peaceful, forceful civil disobedience is often the people's way of bringing home a message to government about the need to change discriminatory laws and policies, and the continued, indeed growing presence of web cafes across our landscape should be understood as a serious message to government about the need to adopt a new policy direction as regards gaming for Bahamians," said the former minister.
March 15, 2010
Tribune Staff Reporter
alowe@tribunemedia.net:
A FORMER FNM minister and MP has lashed out at the Government and police, accusing them of "terrorising peaceful citizens" as they continue to enforce anti-gambling laws.
Theresa Moxey-Ingraham yesterday described the use of "valuable police resources" to raid web shops where members of the public are "engaging in peaceful and personal activity within the precincts of a licensed business establishment" as a "travesty".
"In a time when crime is rampant, known criminals are on the loose and traffic violations are the order of the day, there is so much of greater value for our Police to pay attention to," said the ex-cabinet minister.
Mrs Moxey-Ingraham made her comments yesterday in a letter to The Tribune, written in her capacity as a member of the Bahamas Gaming Reform Committee. The BGRC wants to see a relaxation of the Bahamas' anti-gaming laws to allow Bahamians and Bahamas residents to gamble.
It claims the laws prohibiting them from doing so, while visitors can at will, are discriminatory and are causing The Bahamas to lose its competitive touristic standing in the region, among other things.
Referring to the enforcement of the laws, which the BGRC consider outdated, Mrs Moxey-Ingraham, who served as MP for Golden Gates from 1992 to 2002 and held numerous ministerial portfolios under the former Ingraham administration, said the "time has long come and gone for this nonsense to stop".
Her comments come in the wake of recent raids on web shops in New Providence, in which a number of customers and employees were taken into custody, and cash was seized by police.
At the time of one of those raids - that of the Collins Avenue location of the Island Luck web cafe on Tuesday March 9 - a number of officers admitted to The Tribune that they saw "no sense" in what they were doing as the numbers house would in all likelihood be open for business again in 24 hours - along with the countless others throughout the length and breadth of the country.
Mrs Moxey-Ingraham said: "Government should not be in the business of making criminals and fugitives out of its citizens, especially over matters such as gaming which can be classified as a 'victimless' activity.
"Our citizens and residents ought to enjoy the same recreational privileges as visitors to these shores, and they have shown by their quiet persistence and their determination that despite feeble attempts by government and the Police to stop them, they fully intend to take ownership of their inherent right to equal treatment within this country."
She suggested that the fact Bahamians continue to frequent numbers houses in large numbers could be taken by the Government as a sign that it is time to legalise the activity.
"Peaceful, forceful civil disobedience is often the people's way of bringing home a message to government about the need to change discriminatory laws and policies, and the continued, indeed growing presence of web cafes across our landscape should be understood as a serious message to government about the need to adopt a new policy direction as regards gaming for Bahamians," said the former minister.
March 15, 2010
Sunday, March 14, 2010
Election court Bahamas: Parliamentary Commissioner Errol Bethel questioned
By NATARIO McKENZIE
Tribune Staff Reporter
nmckenzie@tribunemedia.net:
PARLIAMENTARY Commissioner Errol Bethel was questioned extensively yesterday regarding discrepancies in the protest votes cast in the Elizabeth by-election.
Mr Bethel was the first and only witness to take the stand yesterday during day two of the Elizabeth election court hearing.
Philip "Brave" Davis, lead attorney for Progressive Liberal Party candidate Leo Ryan Pinder, opened yesterday's proceedings by outlining the election court petition.
Mr Davis then read into the record the affidavit of Stafford Coakley, a licensed surveyor. According to Mr Coakley's affidavit, Mr Pinder -- the petitioner -- had asked him to mark out the residences of the protested voters on a map of the Elizabeth constituency. According to the surveyor, all but five of the protest voters resided in the Elizabeth constituency. The surveyor found that one of the voters in question lived at a home in Commonwealth Boulevard which does not fall within the boundary of the Elizabeth constituency.
When Mr Bethel took the stand, attorney David Higgins who represents him and Returning Officer Jack Thompson, read his affidavit into the court's record. Mr Davis then began his cross-examination of Mr Bethel. During the cross-examination, Mr Bethel admitted that a part of his duty was to verify whether persons whose names appeared on the register were in fact there. He said that his duties were to advise persons of the fact that they were not on the register if it came to his attention. Those notices he said could be sent to their addresses.
Letters are being used to identify the voters whose votes are being protested in the proceedings -- in order to protect their identity. Mr Davis pointed out that the issue with Voter A was over two different listed addresses.
Mr Davis noted that the voter had one address that would put the voter in the Fox Hill Constituency and another that would put the voter in the Elizabeth constituency. He noted that on the voter's card the word Elizabeth was written over Fox Hill. Mr Bethel said that Fox Hill had been stamped over Elizabeth. He said that Fox Hill had been stamped there just prior to the May 2007 general elections. Polling division 12 is now in Fox Hill he said. The other listed address for the voter was South Pine Barren Road, West Barn Close. Mr Davis pointed out that according to the voter's card, voter A was in Elizabeth polling division 4. He pointed out that the voter had voted in May 2007 and in the same constituency in February 2010. Mr Bethel said he could not confirm which was the correct address. He accepted Mr Davis' suggestion that the register had to be corrected or voter's card cancelled and a new one issued in this case.
In relation to a voter identified as voter C, the issue arose as to what appeared on the counterfoil relative to the voter's date of birth. It was revealed that the date of birth listed on the register was different than that listed on the counterfoil. Mr Bethel admitted that the error was on the counterfoil. In relation to a voter identified as voter E who appeared in polling division 8, Mr Bethel pointed out that the discrepancy over the omission of Alligator Close to the voter's address listed on the register was because the computer could only take so many characters. The voter's full address would have read South Sandilands Road, West Fox Hill Road, Alligator Close.
In relation to voter D who voted in polling division 7, Mr Davis noted that in the constituency column, the word Elizabeth had been there but was crossed out and replaced with Yamacraw. He also pointed out that in the polling division column; seven was marked out and replaced with 8. This was also reflected on the counterfoil. Mr Bethel admitted that the address West Commonwealth Boulevard, South Malaysia Way would be in the Elizabeth constituency but the S for South was marked out and N for north was placed there instead, which would place the voter out of Elizabeth. Mr Davis pointed out that the oath taken by the voter also contained corrections. In the oath the voter had sworn that they lived in Elizabeth. Mr Bethel subsequently admitted that the corrections had been made by his office. Mr Bethel contended that the error was that the voter was obviously in the wrong constituency. Mr Davis suggested to him, however, that he was wrong to direct that such corrections be made. Mr Bethel, however, did not accept this suggestion. Mr Davis concluded his cross-examination yesterday by highlighting voter F. According to Mr Davis, voter F had been a registered voter from November 23, 2005 and had been placed in the Yamacraw constituency, polling division 6. Mr Bethel, however, told the court that he had never encountered the voter.
The election court hearing is expected to resume on Monday at 10.30 am. Dr Sands' legal team is expected and attorneys for Mr Bethel and Returning Officer Jack Thompson are expected to begin their cross-examination.
March 13, 2010
tribune242
Tribune Staff Reporter
nmckenzie@tribunemedia.net:
PARLIAMENTARY Commissioner Errol Bethel was questioned extensively yesterday regarding discrepancies in the protest votes cast in the Elizabeth by-election.
Mr Bethel was the first and only witness to take the stand yesterday during day two of the Elizabeth election court hearing.
Philip "Brave" Davis, lead attorney for Progressive Liberal Party candidate Leo Ryan Pinder, opened yesterday's proceedings by outlining the election court petition.
Mr Davis then read into the record the affidavit of Stafford Coakley, a licensed surveyor. According to Mr Coakley's affidavit, Mr Pinder -- the petitioner -- had asked him to mark out the residences of the protested voters on a map of the Elizabeth constituency. According to the surveyor, all but five of the protest voters resided in the Elizabeth constituency. The surveyor found that one of the voters in question lived at a home in Commonwealth Boulevard which does not fall within the boundary of the Elizabeth constituency.
When Mr Bethel took the stand, attorney David Higgins who represents him and Returning Officer Jack Thompson, read his affidavit into the court's record. Mr Davis then began his cross-examination of Mr Bethel. During the cross-examination, Mr Bethel admitted that a part of his duty was to verify whether persons whose names appeared on the register were in fact there. He said that his duties were to advise persons of the fact that they were not on the register if it came to his attention. Those notices he said could be sent to their addresses.
Letters are being used to identify the voters whose votes are being protested in the proceedings -- in order to protect their identity. Mr Davis pointed out that the issue with Voter A was over two different listed addresses.
Mr Davis noted that the voter had one address that would put the voter in the Fox Hill Constituency and another that would put the voter in the Elizabeth constituency. He noted that on the voter's card the word Elizabeth was written over Fox Hill. Mr Bethel said that Fox Hill had been stamped over Elizabeth. He said that Fox Hill had been stamped there just prior to the May 2007 general elections. Polling division 12 is now in Fox Hill he said. The other listed address for the voter was South Pine Barren Road, West Barn Close. Mr Davis pointed out that according to the voter's card, voter A was in Elizabeth polling division 4. He pointed out that the voter had voted in May 2007 and in the same constituency in February 2010. Mr Bethel said he could not confirm which was the correct address. He accepted Mr Davis' suggestion that the register had to be corrected or voter's card cancelled and a new one issued in this case.
In relation to a voter identified as voter C, the issue arose as to what appeared on the counterfoil relative to the voter's date of birth. It was revealed that the date of birth listed on the register was different than that listed on the counterfoil. Mr Bethel admitted that the error was on the counterfoil. In relation to a voter identified as voter E who appeared in polling division 8, Mr Bethel pointed out that the discrepancy over the omission of Alligator Close to the voter's address listed on the register was because the computer could only take so many characters. The voter's full address would have read South Sandilands Road, West Fox Hill Road, Alligator Close.
In relation to voter D who voted in polling division 7, Mr Davis noted that in the constituency column, the word Elizabeth had been there but was crossed out and replaced with Yamacraw. He also pointed out that in the polling division column; seven was marked out and replaced with 8. This was also reflected on the counterfoil. Mr Bethel admitted that the address West Commonwealth Boulevard, South Malaysia Way would be in the Elizabeth constituency but the S for South was marked out and N for north was placed there instead, which would place the voter out of Elizabeth. Mr Davis pointed out that the oath taken by the voter also contained corrections. In the oath the voter had sworn that they lived in Elizabeth. Mr Bethel subsequently admitted that the corrections had been made by his office. Mr Bethel contended that the error was that the voter was obviously in the wrong constituency. Mr Davis suggested to him, however, that he was wrong to direct that such corrections be made. Mr Bethel, however, did not accept this suggestion. Mr Davis concluded his cross-examination yesterday by highlighting voter F. According to Mr Davis, voter F had been a registered voter from November 23, 2005 and had been placed in the Yamacraw constituency, polling division 6. Mr Bethel, however, told the court that he had never encountered the voter.
The election court hearing is expected to resume on Monday at 10.30 am. Dr Sands' legal team is expected and attorneys for Mr Bethel and Returning Officer Jack Thompson are expected to begin their cross-examination.
March 13, 2010
tribune242
Friday, March 12, 2010
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
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
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