By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
The Progressive Liberal Party (PLP) yesterday officially announced its candidates for the Marathon, Golden Isles, Garden Hills and Sea Breeze constituencies -- in a move which its leader Perry Christie said would push the party forward as it readies itself for the next general election.
In a statement, the PLP said the National General Council (NGC), which is the policy arm of the organization, accepted the recommendations of the Candidates Committee and ratified Senators Jerome Fitzgerald, Michael Halkitis and Hope Strachan, along with political newcomer Dr. Kendal Major as candidates in the upcoming general election. Their nominations were accepted at the PLP headquarters on March 18.
As The Nassau Guardian reported on Thursday, Fitzgerald was nominated for Marathon; Halkitis for Golden Isles; Strachan for Sea Breeze; and Major, who is a dental specialist, was selected for Garden Hills.
The Marathon constituency is currently held by Minister of the Environment Earl Deveaux, the Sea Breeze constituency is represented by Free National Movement (FNM) Chairman Carl Bethel, Garden Hills is represented by Ministry of Housing Parliamentary Secretary Brensil Rolle and Golden Isles is being represented by Minister of Youth, Sports and Culture Charles Maynard.
In 2007, the PLP didn't announce its slate of candidates until about six weeks before the May 2 general election. However, this time around the party is getting a jump start.
Christie said the nomination and selection process would be ongoing. He added it's important to ratify and introduce candidates to the various constituents as early as possible because of the changing needs of Bahamians and what they look for in their respective representatives.
"The [Elizabeth] by-election has reminded us and taught us a wonderful lesson: That you have to be prepared, because the constituencies are not just large but they have become more complex because of the downturn in the economy," Christie said.
"There is a significant movement of people in rental homes who are faced with challenges. So I think there is a significant move about of people in the constituencies throughout New Providence and I imagine this must be the same in places like Freeport and these urban areas. So we have to give our candidates as great of an opportunity as we possibly can to get to understand the constituency and get to know the people and allow the people to understand and meet them."
Christie said as time goes on the PLP would name its candidates on a very steady basis.
Asked when the full slate of candidates is expected to be announced, Christie said he could not be sure.
"We want to give the best opportunity to persons who may have not yet applied - who now know that the process has begun, and may be interested in entering public life for the Progressive Liberal Party," he said.
The PLP leader said the party's Candidates Committee meets every week to interview potential candidates.
"Obviously that process will continue and we involve the branches in the constituency and the community," he said, adding that the committee would then get everyone's contribution to the decision as to who the best candidate would be.
"So that's what we're doing now. So you'll find, on sort of a regular basis, we'll be pausing to name candidates."
Christie said in cases where many people are vying for the nomination to represent one constituency, they are required to consult within the constituency. Following their consultations, Christie said the Candidate's Committee then makes an assessment as to who the best representative is for that area.
The PLP has not fielded a full slate of candidates for the past several elections, opting for strategic reasons not to contest the Bamboo Town, Long Island and the former St. Margaret's constituencies.
March 22, 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.
Monday, March 22, 2010
Friday, March 19, 2010
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
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
Thursday, March 18, 2010
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
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
Wednesday, March 17, 2010
Paul Moss resigns from the Progressive Liberal Party (PLP)
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
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
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
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