By NATARIO McKENZIE
Tribune Staff Reporter
nmckenzie@tribunemedia.net:
THE court ruled that the five protest votes cast in favour of PLP candidate Leo Ryan Pinder in the February 16 Elizabeth by-elections be allowed.
The court also validated a sixth protest vote which had been cast in favour of Bahamas Democratic Movement leader Cassius Stuart. Senior Justices Anita Allen and Jon Isaacs heard the election court case.
Voter 'A'
In relation to voter A the court noted that the voter had produced a voter's card to the presiding officer which showed she was registered in polling division 4 but her name was not on the register.
It was noted in the judgment that the voter's address was described on that voter's card as South Pine Barren Rood, West Barn Close. That address is in the Elizabeth constituency. "The counterfoil however is not the counterpart of that voter's card and it is alleged that it was the counterpart of the replaced card. The counterfoil describes her address as West Academy Street North Pine Barren Road, which is not in the Elizabeth constituency but in the Fox Hill constituency. The form B shows the same address. The voter had told the court that when she had collected her voter's card she realised that she had been placed in the wrong constituency and visited the Parliamentary Registration department to have it corrected," the judgment stated.
"It was never suggested to the voter that the voter's card was not genuine or was obtained by fraud or other improper means and the second respondent did not suggest that it was. The court accepts that there were no inconsistencies between the voter's evidence and that of her husband and Michael Bullard as to the date the new card was issued and other matters we felt were peripheral. The voter testified that she lives with her husband on South Pine Barren Road," the judgment stated.
The court accepted that there were inconsistencies between the evidence of the voter and her husband as to when they moved to Pine Barren Road but also found that there was not sufficient evidence to refute the fact that the voter lived at the address on her voter's card since at least 2006.
"In our view, this voter acted responsibly and did all she could reasonably do, to bring the error to the attention of the second respondent (Parliamentary Commissioner) but we find the second respondent failed to do what was required, to ensure this voter's name as included on the relevant register. It is no answer that the second respondent did not know of this matter until after the election. In the premises we are satisfied that voter A was entitled to be properly registered and was entitled to vote in Elizabeth. We allow the vote and order that the register be rectified to include the voter accordingly," the judgment stated.
Voter 'B'
In relation to voter B it was noted that the voter had produced a voter's card and was included on the register for polling division 5. The voter's name and address were consistent on the voter's card the counterfoil and on the form of oath (form B) but the voter's date of birth although consistent on the voter's card and on forms B and D as June 15, 1963, was shown as January 15, 1963 on the register.
"The second respondent admits that he was in error and acknowledges his responsibility for it. The third respondent contends that there is no evidence as to which of the entrees is correct and his vote ought not to be allowed. However in light of the send respondent's admission and given that the counterfoil and the oath subscribed by this voter are consistent as to his date of birth we are satisfied that the correct entry is June 15, 1963. We allow the voter and order that the register be rectified to reflect the correct date of birth accordingly," the judges stated in the ruling.
Voter 'C'
It was noted in the judgment that, similarly, voter C's name was on the Elizabeth register, which showed that her date of birth as January 3, 1970. The date of birth on her voter's card however is January 3, 1970. That date is also on the voter's passport which was used as a source of identification when registering. "The second respondent admits the error both on the counterfoil and register and concedes this vote as does the third respondent. "In the premises we allow the voter and order that the register be rectified to reflect the correct date of birth," the judgment sated.
Voter 'D'
It was noted in the judgment that voter D's name was not on the Elizabeth register. "When presenting to vote the voter produced a voter's card, the counterfoil of which shows that Elizabeth was crossed out in red ink and Yamacraw inserted. The address of 152 West Commonwealth Boulevard South Malaysia Way was crossed out by in crossing out the S and inserting an N which consequently put the address out of Elizabeth. The same alterations are on the form B," the judgment stated. The court noted that the Parliamentary Commissioner had admitted that he had authorised the alteration.
"The second respondent also accepted that the voter was first put on the register on January 12, 2010. He testified that the register was deemed closed at 11pm on the day before the Writ of Election, which was January 20, 2010. Under section 25 of the Act, no name or entry can thereafter be removed from any of the appropriate parts of the register until after polling day," it was stated in the judgment.
The judgment further stated, "The second respondent admitted his obligation to correct the register and to his credit acknowledged that he cannot change the register unless he verifies the information or contacts the voter and if he is unable to do so the information must remain on the register. When the second respondent purported to remove this voter's name off the register on January 30, 2010, then, he could not lawfully do so. He is not competent to summarily remove persons off the register whether or no he had reasonable cause to believe the information on the register is wrong and they should not be on the register."
Voter 'E'
In relation to voter E, the court noted that that voter was on the register and according to the voter's evidence and that of the presiding officer, this voter was made to vote on a coloured ballot only because she was challenged by an agent for the third respondent (Dr Sands). "The respondents have conceded that this vote should be allowed and we agree," the judgment stated.
Voter 'F'
The judges stated that they found the vote of voter F to be the most difficult to determine. "This voter did not produce a voter's card and was not on the register for Elizabeth. She used a driver's license as her means of identification and the presiding officer must have been satisfied of its sufficiency but not of her right to vote," the ruling stated. The court noted that it was the evidence of this voter that she moved from an address in Yamacraw on May 27, 2006 to Kemp's Street off South Pine Yard Road. The court also noted that the voter had produced a lease showing that she was a tenant of the premises with effect from that date.
"It is not disputed that the whole of Pine Yard Road and all houses on the north and south sides of that road are within Elizabeth. The voter swore that she was entitled to be registered and to vote in Elizabeth and it is not suggested to her on cross-examination that she did not live there and was not eligible to vote in Elizabeth. We believe that it is incorrect to say that the validity of a persons vote depends on whether or not that person made an efforts to transfer to the relevant consistency. Indeed, the second respondent acknowledged that he had an obligation to continuously review the register and to make provisions for persons who need to transfer to do so. He acknowledged that the voter has no obligation to do so and we agree," the court stated.
The court further stated, "It is not in this court's power under section 69(4) of the Act to determine whether the presiding officer was correct in permitting her to vote. Our jurisdiction is to determine the validity of the vote not the validity of the presiding officer's decision. On the evidence and in the absence of any evidence to refute it, we are satisfied that this voter lived in Elizabeth since May 27, 2006 and was so entitled and we allow this vote."
"Again this process has exposed failures, omissions and errors on the part of the Parliamentary Commissioner an his staff which may, if not corrected, threaten the fairness of the electoral process and ultimately our democracy. It is not an answer to say that the Parliamentary commissioner did not have resources to do what he is mandated to do by the law to do. No court can accept that as an explanation from disenfranchising a voter. We say emphatically that the Parliamentary Commission must be provided with sufficient resources, both financial and human to ensure he is able to properly discharge the duties imposed on him by law," the judgment stated.
March 24, 2010
tribune242
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.
Thursday, March 25, 2010
Elizabeth residents react to Election Court decision
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
While some in the Elizabeth constituency are still reeling with excitement over Progressive Liberal Party member Ryan Pinder's historic Election Court win, others say it's time for the celebrations to stop and the member of Parliament-elect to begin to fulfill the promises that he made on the campaign trail.
"It's time for Mr. Pinder to get to work," said Free National Movement supporter Dennis Humes.
Humes, 50, who recently moved into the constituency, said he hopes that Pinder can deliver on his many promises.
"Now that the court has made [its] ruling, it's time to get to work," he added.
Humes was one of many in the Elizabeth constituency who responded to the Election Court ruling, which validated all five of the protest votes cast in favor of Pinder. That pushed him ahead of the FNM Elizabeth candidate Dr. Duane Sands by three votes.
The by-election's recount had ended with Sands receiving 1,501 votes and Pinder receiving 1,499 votes.
The five protest votes, however, brought Pinder's tally to 1,504 votes.
That small margin of victory is what had FNM supporter Braford Brown regretting his decision not to cast his vote during the by-election on February 16.
He said that if he and a couple of other supporters had shown up at the polls, Dr. Sands could have won.
However, the Elizabeth voter said despite his allegiance to the governing party, he would give Pinder a chance.
"I feel kind of bad that I didn't vote but I still will give Pinder a chance. I hope he could help put a stop to violence in the area and I hope that he can help with job creation," said 33-year-old Brown who is a resident of St. Zimbabwe Avenue.
Brown is one of about 1,700 registered Elizabeth voters who didn't show up to the polls to vote. He said Pinder seems like he does have some good ideas for the constituency.
Another FNM supporter, Pearlene Tinker, said she believes that Ryan Pinder may help the constituency.
"I hope so because there are plenty of hurting people around here," she said.
"I was disappointed that Dr. Sands didn't make it, but I can't be bitter against Pinder."
A couple of corners away from Tinker lives PLP supporter Escola Bell of Sandilands Village Road, who said she is overjoyed at Pinder's victory.
"He deserves it," said the 72-year-old resident.
"It wasn't his fault that those [protest] votes were cast. It was [the Parliamentary Registration Department's] fault."
Pinder, who addressed the media shortly after the Election Court justices ruled that all of the protest votes were accepted, said he is anxious to begin work in the constituency.
"We've already started some of our programs. We have the jobs skills bank already ongoing. We put together a framework for the promotion of small business within our constituency during these proceedings. So my programs are actively in full force."
He said the most pressing concerns in the constituency are related to economic success, small business growth and job creation.
"That's what my programs are based on and we've certainly began putting those in motion," Pinder added.
Bell said she hopes Pinder does his best.
"He said he would help the young people," Bell said. "I hope he shows them the way to go and how to help themselves so they just wouldn't be on the blocks. We have some young people who are just waiting on a push and I believe that Pinder is the person who would do that."
Sheniqua McKenzie, 24, who lives on an unnamed road in the Elizabeth constituency, said while she isn't really a Pinder supporter, she is satisfied that he won fairly.
She said she is looking for more improvements in the constituency, and hopes that he can follow through with his plan to help create job opportunities.
Elaine Munroe, 32, of Sandilands Road said she didn't vote, but is more than pleased with the results of the election.
Another PLP supporter, who didn't want to be named, said he can't believe that the PLP was able to withstand the "heat" of the governing party.
"They brought a lot of heat, but we overcame," said the supporter who was still in a celebratory mode after the rally on Tuesday night.
"I'm just celebrating the win. It's a happy day. I'm trying Ryan. It's Ryan's time baby."
March 25, 2010
thenassauguardian
While some in the Elizabeth constituency are still reeling with excitement over Progressive Liberal Party member Ryan Pinder's historic Election Court win, others say it's time for the celebrations to stop and the member of Parliament-elect to begin to fulfill the promises that he made on the campaign trail.
"It's time for Mr. Pinder to get to work," said Free National Movement supporter Dennis Humes.
Humes, 50, who recently moved into the constituency, said he hopes that Pinder can deliver on his many promises.
"Now that the court has made [its] ruling, it's time to get to work," he added.
Humes was one of many in the Elizabeth constituency who responded to the Election Court ruling, which validated all five of the protest votes cast in favor of Pinder. That pushed him ahead of the FNM Elizabeth candidate Dr. Duane Sands by three votes.
The by-election's recount had ended with Sands receiving 1,501 votes and Pinder receiving 1,499 votes.
The five protest votes, however, brought Pinder's tally to 1,504 votes.
That small margin of victory is what had FNM supporter Braford Brown regretting his decision not to cast his vote during the by-election on February 16.
He said that if he and a couple of other supporters had shown up at the polls, Dr. Sands could have won.
However, the Elizabeth voter said despite his allegiance to the governing party, he would give Pinder a chance.
"I feel kind of bad that I didn't vote but I still will give Pinder a chance. I hope he could help put a stop to violence in the area and I hope that he can help with job creation," said 33-year-old Brown who is a resident of St. Zimbabwe Avenue.
Brown is one of about 1,700 registered Elizabeth voters who didn't show up to the polls to vote. He said Pinder seems like he does have some good ideas for the constituency.
Another FNM supporter, Pearlene Tinker, said she believes that Ryan Pinder may help the constituency.
"I hope so because there are plenty of hurting people around here," she said.
"I was disappointed that Dr. Sands didn't make it, but I can't be bitter against Pinder."
A couple of corners away from Tinker lives PLP supporter Escola Bell of Sandilands Village Road, who said she is overjoyed at Pinder's victory.
"He deserves it," said the 72-year-old resident.
"It wasn't his fault that those [protest] votes were cast. It was [the Parliamentary Registration Department's] fault."
Pinder, who addressed the media shortly after the Election Court justices ruled that all of the protest votes were accepted, said he is anxious to begin work in the constituency.
"We've already started some of our programs. We have the jobs skills bank already ongoing. We put together a framework for the promotion of small business within our constituency during these proceedings. So my programs are actively in full force."
He said the most pressing concerns in the constituency are related to economic success, small business growth and job creation.
"That's what my programs are based on and we've certainly began putting those in motion," Pinder added.
Bell said she hopes Pinder does his best.
"He said he would help the young people," Bell said. "I hope he shows them the way to go and how to help themselves so they just wouldn't be on the blocks. We have some young people who are just waiting on a push and I believe that Pinder is the person who would do that."
Sheniqua McKenzie, 24, who lives on an unnamed road in the Elizabeth constituency, said while she isn't really a Pinder supporter, she is satisfied that he won fairly.
She said she is looking for more improvements in the constituency, and hopes that he can follow through with his plan to help create job opportunities.
Elaine Munroe, 32, of Sandilands Road said she didn't vote, but is more than pleased with the results of the election.
Another PLP supporter, who didn't want to be named, said he can't believe that the PLP was able to withstand the "heat" of the governing party.
"They brought a lot of heat, but we overcame," said the supporter who was still in a celebratory mode after the rally on Tuesday night.
"I'm just celebrating the win. It's a happy day. I'm trying Ryan. It's Ryan's time baby."
March 25, 2010
thenassauguardian
Parliamentary Commissioner Errol Bethel: I did not break the law
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Parliamentary Commissioner Errol Bethel yesterday denied that he broke the law in the execution of his duties in the lead-up to the Elizabeth by-election last month.
Bethel sat down with The Nassau Guardian at his Farrington Road office a day after the justices of the Election Court said in a ruling that he violated the law when he removed a voter's name off the register after it had already been closed.
"I gave it everything I had, to be honest with you," he said of the recent Elizabeth registration process. "I always give my work everything I have. I always plunge fully into whatever it is I have to do, always. People who know me would tell you that... I always endeavor to do my best."
In their ruling, which propelled the Progressive Liberal Party's Ryan Pinder to victory, Senior Justices Anita Allen and Jon Isaacs said the Election Court case has once again exposed failures in the Parliamentary Registration Department.
"Again this process has exposed failures, omissions and errors on the part of the parliamentary commissioner and his staff which may, if not corrected, threaten the fairness of the electoral process and ultimately our democracy. It is not an answer to say that the parliamentary commissioner did not have the resources to do what he is mandated by the law to do. No court can accept that as an explanation for disenfranchising a voter," they said.
Bethel's staff includes fewer than 20 people. During election periods, other civil servants are seconded from other departments to assist.
Bethel admitted that his department is challenged in preparing for elections, but he said he has a hardworking staff that is quite capable.
"We made ourselves available to the people in Elizabeth when that election was called," he said. "The vacancy came on January 6. On January 7 we were in the constituency and we stayed there for the entire period until the register was closed. We registered new people; we did transfers, that sort of thing. So we did quite a bit of work, and also we walked the streets trying to determine where people are. So it isn't that we sat down; we actually worked to do our best to make sure we had everything in order."
He admitted that the process was difficult.
"You don't know an election is coming up until after it is called, but immediately after it was called we set out to work to make sure that we had things in order," said Bethel, who oversaw the last three general elections in the country, as well as local government elections and by-elections.
Bethel said if he did in fact make mistakes, he will work to ensure those mistakes will not be repeated. He admitted that some things may need to be done differently.
"I think we've got to go beyond what we did to make sure we have total accuracy in terms of where people live," he said.
Pointing to the various challenges faced by his department, Bethel said, "In terms of citizenship, day after day this is becoming an extremely difficult situation to deal with. In the Passport Office for instance, one of the things that happens is that you wait two, three weeks for a passport. When people come to us they expect to get registered in two or three minutes.
"So, we have got to be extremely careful in terms of getting information and people don't understand how difficult that is. There are so many Bahamians who don't have passports, who don't even have birth certificates, so it becomes extremely difficult but we have been working through this and I think we've done a pretty good job."
Asked to respond to people who believe his resignation may be in order, Bethel, who has a constitutionally protected position, said, "I will go. I will go. I'm sure the time will come when I will go. I'm not sure when that is. It may be today, it may be tomorrow, I don't know. If people are going to be fair, I think people also need to give credit for the work I have done over the years and what I continue to do in terms of giving service to this country. I don't think I've cheated the country in any way."
The Election Court justices were also critical of the parliamentary commissioner in the 2008 Pinewood ruling, saying the case had exposed the most egregious failures in the system.
Bethel admitted yesterday that the timing of the 2007 Boundaries Commission report created substantial challenges for him and his staff.
"In preparation of a new register you tend to start at a period of time when you want to make sure that by the time the old register expires you'll have a new register to replace it," he said.
"And so we started the 2007 register in September 2005. We started early because we wanted to make sure that we were able to register anybody who wanted to register. The thing to bear in mind is that in preparation of a new register you do not issue the [voter's] cards.
"The cards are not issued until the new register actually comes into force and the new register did not come into force until the House was dissolved in 2007. The House was dissolved on April 4, 2007. Now, you know that there was a Boundaries Commission (report). That Boundaries Commission report came into effect on March 26, 2007. On April 3 the register was closed for the new election because the House was dissolved on the 4th. After the Boundaries Commission report came into force, what we had to do is, first and foremost, we had to create a new register because we had to create a register that reflects these new constituencies and new polling divisions. So we had to go through the whole registration system in our computer and build this new register."
He said his staff worked day and night in the one week they had to get the job done.
"When people got their cards — remember we started registration in 2005 — a lot of people found the moment they received their cards that they were not in the right place," he said.
"But there is nothing we could do about it because the system does not allow us to move people after the register is closed, but that is what we had to work with. And I think the public needs to understand, you're talking about almost an impossible situation, and at the same time while we were trying to get these cards corrected and get them out we had to be planning an election in terms of putting a staff together, in terms of finding polling places, making sure all the election materials are in place and also making sure that we have ballots for the election. So it is not just one task you have to do. There are a number of different tasks that you have to do all at the same time."
Prime Minister Hubert Ingraham said at a press conference Tuesday evening he saw no reason for Bethel to leave his post. Ingraham also pledged that the government will effect reforms in the registration process and indicated that it may also amend the law in this regard.
March 25, 2010
thenassauguardian
Parliamentary Commissioner Errol Bethel yesterday denied that he broke the law in the execution of his duties in the lead-up to the Elizabeth by-election last month.
Bethel sat down with The Nassau Guardian at his Farrington Road office a day after the justices of the Election Court said in a ruling that he violated the law when he removed a voter's name off the register after it had already been closed.
"I gave it everything I had, to be honest with you," he said of the recent Elizabeth registration process. "I always give my work everything I have. I always plunge fully into whatever it is I have to do, always. People who know me would tell you that... I always endeavor to do my best."
In their ruling, which propelled the Progressive Liberal Party's Ryan Pinder to victory, Senior Justices Anita Allen and Jon Isaacs said the Election Court case has once again exposed failures in the Parliamentary Registration Department.
"Again this process has exposed failures, omissions and errors on the part of the parliamentary commissioner and his staff which may, if not corrected, threaten the fairness of the electoral process and ultimately our democracy. It is not an answer to say that the parliamentary commissioner did not have the resources to do what he is mandated by the law to do. No court can accept that as an explanation for disenfranchising a voter," they said.
Bethel's staff includes fewer than 20 people. During election periods, other civil servants are seconded from other departments to assist.
Bethel admitted that his department is challenged in preparing for elections, but he said he has a hardworking staff that is quite capable.
"We made ourselves available to the people in Elizabeth when that election was called," he said. "The vacancy came on January 6. On January 7 we were in the constituency and we stayed there for the entire period until the register was closed. We registered new people; we did transfers, that sort of thing. So we did quite a bit of work, and also we walked the streets trying to determine where people are. So it isn't that we sat down; we actually worked to do our best to make sure we had everything in order."
He admitted that the process was difficult.
"You don't know an election is coming up until after it is called, but immediately after it was called we set out to work to make sure that we had things in order," said Bethel, who oversaw the last three general elections in the country, as well as local government elections and by-elections.
Bethel said if he did in fact make mistakes, he will work to ensure those mistakes will not be repeated. He admitted that some things may need to be done differently.
"I think we've got to go beyond what we did to make sure we have total accuracy in terms of where people live," he said.
Pointing to the various challenges faced by his department, Bethel said, "In terms of citizenship, day after day this is becoming an extremely difficult situation to deal with. In the Passport Office for instance, one of the things that happens is that you wait two, three weeks for a passport. When people come to us they expect to get registered in two or three minutes.
"So, we have got to be extremely careful in terms of getting information and people don't understand how difficult that is. There are so many Bahamians who don't have passports, who don't even have birth certificates, so it becomes extremely difficult but we have been working through this and I think we've done a pretty good job."
Asked to respond to people who believe his resignation may be in order, Bethel, who has a constitutionally protected position, said, "I will go. I will go. I'm sure the time will come when I will go. I'm not sure when that is. It may be today, it may be tomorrow, I don't know. If people are going to be fair, I think people also need to give credit for the work I have done over the years and what I continue to do in terms of giving service to this country. I don't think I've cheated the country in any way."
The Election Court justices were also critical of the parliamentary commissioner in the 2008 Pinewood ruling, saying the case had exposed the most egregious failures in the system.
Bethel admitted yesterday that the timing of the 2007 Boundaries Commission report created substantial challenges for him and his staff.
"In preparation of a new register you tend to start at a period of time when you want to make sure that by the time the old register expires you'll have a new register to replace it," he said.
"And so we started the 2007 register in September 2005. We started early because we wanted to make sure that we were able to register anybody who wanted to register. The thing to bear in mind is that in preparation of a new register you do not issue the [voter's] cards.
"The cards are not issued until the new register actually comes into force and the new register did not come into force until the House was dissolved in 2007. The House was dissolved on April 4, 2007. Now, you know that there was a Boundaries Commission (report). That Boundaries Commission report came into effect on March 26, 2007. On April 3 the register was closed for the new election because the House was dissolved on the 4th. After the Boundaries Commission report came into force, what we had to do is, first and foremost, we had to create a new register because we had to create a register that reflects these new constituencies and new polling divisions. So we had to go through the whole registration system in our computer and build this new register."
He said his staff worked day and night in the one week they had to get the job done.
"When people got their cards — remember we started registration in 2005 — a lot of people found the moment they received their cards that they were not in the right place," he said.
"But there is nothing we could do about it because the system does not allow us to move people after the register is closed, but that is what we had to work with. And I think the public needs to understand, you're talking about almost an impossible situation, and at the same time while we were trying to get these cards corrected and get them out we had to be planning an election in terms of putting a staff together, in terms of finding polling places, making sure all the election materials are in place and also making sure that we have ballots for the election. So it is not just one task you have to do. There are a number of different tasks that you have to do all at the same time."
Prime Minister Hubert Ingraham said at a press conference Tuesday evening he saw no reason for Bethel to leave his post. Ingraham also pledged that the government will effect reforms in the registration process and indicated that it may also amend the law in this regard.
March 25, 2010
thenassauguardian
Wednesday, March 24, 2010
Dr. Duane Sands looks ahead to 2012 Elizabeth race
By Brent Dean ~ Guardian Senior Reporter ~ brentldean@nasguard.com:
While expressing disappointment in the Election Court result, defeated Free National Movement Elizabeth candidate Dr. Duane Sands indicated that he expects to run again for the constituency seat and to be successful in the next race.
"I want to say thank you to the people of Elizabeth. They are truly the victors here. They are the people that this is all about and certainly I look forward to representing them in the House of Assembly, and that they could bank on," said Dr. Sands outside the Supreme Court yesterday.
Dr. Sands was ahead by two regular votes after the Elizabeth recount.
However, the Election Court yesterday allowed all five protest votes cast for Progressive Liberal Party candidate Ryan Pinder, making Pinder the MP-elect for the constituency.
"Well I think, obviously, this is a disappointing ruling but I think in our democracy we certainly must pay respect to the edict, or the ruling of our justices. We'll sit and reflect and we'll make a determination as to what the next step is," said Dr. Sands.
FNM chairman Carl Bethel said that the judges made "new law" in making the determination that led to yesterday's decision.
In the case, the FNM did not accept that all the constituents who voted on protest ballots were legally entitled to vote in Elizabeth – the FNM eventually conceded that voters C and E were entitled to vote.
The court, however, validated all five votes for the PLP and another for Bahamas Democratic Movement candidate Cassius Stuart.
This case was the first under section 69 of the Parliamentary Elections Act.
This part of the Act refers to the procedure to determine elections when the number of protest votes cast outnumber the margin of victory in an election.
National Security Minister Tommy Turnquest said that amendments to the Parliamentary Elections Act may be necessary as a result of the ruling.
"It (the ruling) speaks to where a person is eligible to be registered, at what stage if they move should they be transferred off the register and whose responsibility that is to have them transferred," he said.
"And so obviously there will be questions that we will have to look at as a Parliament — as a country — and determine in the most broadest consultative way how we want to move forward in our parliamentary democracy to ensure free and fair elections."
There are no appeals of the decisions of the Election Court.
Bethel said, however, that there may be some legal points they may be able to appeal to some court in order to look at the constitutional validity of parts of the decision in the Elizabeth Election Court case.
March 24, 2010
thenassauguardian
While expressing disappointment in the Election Court result, defeated Free National Movement Elizabeth candidate Dr. Duane Sands indicated that he expects to run again for the constituency seat and to be successful in the next race.
"I want to say thank you to the people of Elizabeth. They are truly the victors here. They are the people that this is all about and certainly I look forward to representing them in the House of Assembly, and that they could bank on," said Dr. Sands outside the Supreme Court yesterday.
Dr. Sands was ahead by two regular votes after the Elizabeth recount.
However, the Election Court yesterday allowed all five protest votes cast for Progressive Liberal Party candidate Ryan Pinder, making Pinder the MP-elect for the constituency.
"Well I think, obviously, this is a disappointing ruling but I think in our democracy we certainly must pay respect to the edict, or the ruling of our justices. We'll sit and reflect and we'll make a determination as to what the next step is," said Dr. Sands.
FNM chairman Carl Bethel said that the judges made "new law" in making the determination that led to yesterday's decision.
In the case, the FNM did not accept that all the constituents who voted on protest ballots were legally entitled to vote in Elizabeth – the FNM eventually conceded that voters C and E were entitled to vote.
The court, however, validated all five votes for the PLP and another for Bahamas Democratic Movement candidate Cassius Stuart.
This case was the first under section 69 of the Parliamentary Elections Act.
This part of the Act refers to the procedure to determine elections when the number of protest votes cast outnumber the margin of victory in an election.
National Security Minister Tommy Turnquest said that amendments to the Parliamentary Elections Act may be necessary as a result of the ruling.
"It (the ruling) speaks to where a person is eligible to be registered, at what stage if they move should they be transferred off the register and whose responsibility that is to have them transferred," he said.
"And so obviously there will be questions that we will have to look at as a Parliament — as a country — and determine in the most broadest consultative way how we want to move forward in our parliamentary democracy to ensure free and fair elections."
There are no appeals of the decisions of the Election Court.
Bethel said, however, that there may be some legal points they may be able to appeal to some court in order to look at the constitutional validity of parts of the decision in the Elizabeth Election Court case.
March 24, 2010
thenassauguardian
The Office of the Attorney General to review by-election ruling
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Prime Minister and Free National Movement Leader Hubert Ingraham said yesterday evening the Office of the Attorney General will review the decision of the Election Court, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder.
The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.
But Ingraham indicated that the FNM has concerns about the reasoning behind the decision.
Making it clear that he was speaking in his capacity as prime minister, Ingraham said, "We were surprised by the reasoning for the decision of the Election Court. It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.
"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."
Ingraham called a press conference at FNM headquarters. It was held shortly after he returned from Inter-American Development Bank meetings in Cancun, Mexico.
The majority of his comments were made in his capacity as leader of the FNM.
"The Free National Movement accepts the court's decision in regard to the final count in the Elizabeth by-election. As I have previously stated, elections should be won on the ground, not in the court," he said as a packed room of FNM supporters looked on.
"Accordingly, the FNM does not propose to do what the PLP did after the last general election and tie up the courts with all manner of electoral challenges. While we may not see eye to eye with the court's reasoning in this case we honor its authority and its final determination.
"We honor also the will of the majority of the voters in the Elizabeth constituency and we will continue to honor the will of the majority of Bahamian people who reposed their trust in the FNM in the 2007 general election. In our democracy, every vote counts. Today, after all of the eligible votes have been counted, the PLP retained a seat they won in the last election with a majority of 45 votes. We are grateful to the people of the Elizabeth constituency for their support of Dr. Duane Sands and the FNM. We are pleased by the fact that we reduced the PLP's margin in Elizabeth during these especially difficult economic times. We are also pleased that we reduced the PLP's margin in Elizabeth by a sizable amount, 42 votes."
The by-election became necessary after Malcolm Adderley — who won the seat in 2002 and 2007 on the PLP's ticket — resigned at the beginning of this year from the PLP and the House of Assembly.
The FNM had hoped that Dr. Duane Sands would fill the seat.
"Duane Sands has a bright future in the political and public life of The Bahamas," Ingraham said yesterday. Asked whether he was planning on appointing Sands to the Senate, the prime minister said, "No. I'm going to have him elected to the House."
He also said, "The country and the FNM need his energy, his dedication and his passion for the empowerment of the people of Elizabeth and the wider Bahamas. Now, the by-election is over and the court case is done. The business of government continues. One of the first orders of business in terms of Elizabeth is to ensure that the promises we made as the government of the day to the people of that constituency are honored. We are a government and party that matches our words with our deeds."
Once again, the Election Court justices raised concerns about the parliamentary election process and spoke to the need for the Parliamentary Registration Department to have the necessary resources to do its job.
Ingraham said, "Because fair and well run elections are essential to the democratic process, we are working to reform and upgrade the registration process that was left in a chaotic and confused state because of PLP inaction and incompetence. That work has already begun. The Parliamentary Registration Department will begin a new voters register in April. In the remaining time of our mandate we will work to ensure that economic recovery is followed by economic prosperity. We will continue to vigorously confront crime and its root causes. We will continue to put in place the building blocks for a sustainable national health insurance plan..."
Asked whether it is his view that Parliamentary Commissioner Errol Bethel should resign in light of the strong criticisms of the Election Court, the prime minister pointed out that the parliamentary commissioner has constitutional protection, just like judges.
"They are both constitutionally protected from removal from office except for cause," he noted. "And the same provisions that apply to judges apply to the parliamentary commissioner in terms of the removal from office. There is no basis upon which I can conceive of that will require the removal of the parliamentary commissioner from office. I do not blame the parliamentary commissioner for anything. He did his job."
Providing a further response to the determination of the Election Court, Ingraham said, "It has never entered my head that in The Bahamas it is possible for someone who is not registered to vote, who has no voter's card, whose name is not on a voter's list to be able to show up on election day and vote. I never knew that was possible in The Bahamas.
"I never knew it was possible in The Bahamas for me to be registered in one constituency, move to another constituency, do not transfer my voter's card, show up with a voter's card that says I'm in the other constituency, show up with a driver's license actually, and have my vote cast and my vote counted. I never knew that was possible in The Bahamas."
March 24, 2010
thenassauguardian
Prime Minister and Free National Movement Leader Hubert Ingraham said yesterday evening the Office of the Attorney General will review the decision of the Election Court, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder.
The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.
But Ingraham indicated that the FNM has concerns about the reasoning behind the decision.
Making it clear that he was speaking in his capacity as prime minister, Ingraham said, "We were surprised by the reasoning for the decision of the Election Court. It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.
"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."
Ingraham called a press conference at FNM headquarters. It was held shortly after he returned from Inter-American Development Bank meetings in Cancun, Mexico.
The majority of his comments were made in his capacity as leader of the FNM.
"The Free National Movement accepts the court's decision in regard to the final count in the Elizabeth by-election. As I have previously stated, elections should be won on the ground, not in the court," he said as a packed room of FNM supporters looked on.
"Accordingly, the FNM does not propose to do what the PLP did after the last general election and tie up the courts with all manner of electoral challenges. While we may not see eye to eye with the court's reasoning in this case we honor its authority and its final determination.
"We honor also the will of the majority of the voters in the Elizabeth constituency and we will continue to honor the will of the majority of Bahamian people who reposed their trust in the FNM in the 2007 general election. In our democracy, every vote counts. Today, after all of the eligible votes have been counted, the PLP retained a seat they won in the last election with a majority of 45 votes. We are grateful to the people of the Elizabeth constituency for their support of Dr. Duane Sands and the FNM. We are pleased by the fact that we reduced the PLP's margin in Elizabeth during these especially difficult economic times. We are also pleased that we reduced the PLP's margin in Elizabeth by a sizable amount, 42 votes."
The by-election became necessary after Malcolm Adderley — who won the seat in 2002 and 2007 on the PLP's ticket — resigned at the beginning of this year from the PLP and the House of Assembly.
The FNM had hoped that Dr. Duane Sands would fill the seat.
"Duane Sands has a bright future in the political and public life of The Bahamas," Ingraham said yesterday. Asked whether he was planning on appointing Sands to the Senate, the prime minister said, "No. I'm going to have him elected to the House."
He also said, "The country and the FNM need his energy, his dedication and his passion for the empowerment of the people of Elizabeth and the wider Bahamas. Now, the by-election is over and the court case is done. The business of government continues. One of the first orders of business in terms of Elizabeth is to ensure that the promises we made as the government of the day to the people of that constituency are honored. We are a government and party that matches our words with our deeds."
Once again, the Election Court justices raised concerns about the parliamentary election process and spoke to the need for the Parliamentary Registration Department to have the necessary resources to do its job.
Ingraham said, "Because fair and well run elections are essential to the democratic process, we are working to reform and upgrade the registration process that was left in a chaotic and confused state because of PLP inaction and incompetence. That work has already begun. The Parliamentary Registration Department will begin a new voters register in April. In the remaining time of our mandate we will work to ensure that economic recovery is followed by economic prosperity. We will continue to vigorously confront crime and its root causes. We will continue to put in place the building blocks for a sustainable national health insurance plan..."
Asked whether it is his view that Parliamentary Commissioner Errol Bethel should resign in light of the strong criticisms of the Election Court, the prime minister pointed out that the parliamentary commissioner has constitutional protection, just like judges.
"They are both constitutionally protected from removal from office except for cause," he noted. "And the same provisions that apply to judges apply to the parliamentary commissioner in terms of the removal from office. There is no basis upon which I can conceive of that will require the removal of the parliamentary commissioner from office. I do not blame the parliamentary commissioner for anything. He did his job."
Providing a further response to the determination of the Election Court, Ingraham said, "It has never entered my head that in The Bahamas it is possible for someone who is not registered to vote, who has no voter's card, whose name is not on a voter's list to be able to show up on election day and vote. I never knew that was possible in The Bahamas.
"I never knew it was possible in The Bahamas for me to be registered in one constituency, move to another constituency, do not transfer my voter's card, show up with a voter's card that says I'm in the other constituency, show up with a driver's license actually, and have my vote cast and my vote counted. I never knew that was possible in The Bahamas."
March 24, 2010
thenassauguardian
Tuesday, March 23, 2010
PLP's Ryan Pinder wins Elizabeth following court ruling
tribune242:
1:16pm – The court has just ruled that 3/4 of the costs will be paid by the Parliamentary Commissioner and the remaining 1/4 by the 3rd respondent, the FNM's Dr Duane Sands.
1:14pm – Lead counsel for the FNM's Dr Duane Sands, Thomas Evans, QC, just spoke with The Tribune and said that once he's had a chance to read the ruling completely he will advise his client on whether further steps should be taken, and said there may well be further steps.
1:06pm – For clarification, the justices actually ruled that all 6 votes that had been protested on election day be counted. Five of them were cast for the PLP's Ryan Pinder, giving him a final 3 vote lead over the FNM's Dr Duane Sands. The other vote had been cast for the BDM's Cassius Stuart, but in no way affected the final outcome.
12:52pm – A loud eruption of cheering broke out when the PLP supporters waiting outside the courtroom heard that their candidate Ryan Pinder had been declared the winner of the Elizabeth constituency seat. PLP leader Perry Christie went outside during the break and was shaking hands with supporters.
12:50pm – Court has been adjourned for a few minutes to allow the judges to deliberate over who should pay costs for this case and how the costs should be divided. The argument has been made that the Parliamentary Commissioner's office should assume a significant portion of the costs as it turned out that the votes were protested because of errors in the registration process.
12:41pm – The proceedings continue with debate over who should be required to pay election court costs.
12pm – Senior Justice Anita Allen has just ruled that following the hearing and deliberation, all five protested votes will be counted. This ruling puts the PLP's Ryan Pinder ahead by three votes. Allen warned the packed courtroom that she would not tolerate any outbursts before she began and when the results were read, there was complete silence in the courtroom.
11:33am – Everyone involved in the Elizabeth by-election court case is now inside the courtroom and proceedings have begun. The courtroom is filled to capacity.
10:58am – A crowd of about 50 curious onlookers and supporters of both the Free National Movement and the Progressive Liberal Party have gathered outside the court hearing the Elizabeth by-election case.
Senior Justice Anita Allen and Jon Isaacs who have been presiding over the case have just arrived at court, but the two candidates vying for the parliamentary seat – FNM's Dr Duane Sands and PLP's Ryan Pinder have not been spotted.
When the case is scheduled to resume at 11:30 today, a ruling will be given as whether any of the five protested votes cast for Pinder will be counted. Pinder needs three votes to be declared the winner of the election. A two vote gain for Pinder would result in another election.
March 23,2010
tribune242
1:16pm – The court has just ruled that 3/4 of the costs will be paid by the Parliamentary Commissioner and the remaining 1/4 by the 3rd respondent, the FNM's Dr Duane Sands.
1:14pm – Lead counsel for the FNM's Dr Duane Sands, Thomas Evans, QC, just spoke with The Tribune and said that once he's had a chance to read the ruling completely he will advise his client on whether further steps should be taken, and said there may well be further steps.
1:06pm – For clarification, the justices actually ruled that all 6 votes that had been protested on election day be counted. Five of them were cast for the PLP's Ryan Pinder, giving him a final 3 vote lead over the FNM's Dr Duane Sands. The other vote had been cast for the BDM's Cassius Stuart, but in no way affected the final outcome.
12:52pm – A loud eruption of cheering broke out when the PLP supporters waiting outside the courtroom heard that their candidate Ryan Pinder had been declared the winner of the Elizabeth constituency seat. PLP leader Perry Christie went outside during the break and was shaking hands with supporters.
12:50pm – Court has been adjourned for a few minutes to allow the judges to deliberate over who should pay costs for this case and how the costs should be divided. The argument has been made that the Parliamentary Commissioner's office should assume a significant portion of the costs as it turned out that the votes were protested because of errors in the registration process.
12:41pm – The proceedings continue with debate over who should be required to pay election court costs.
12pm – Senior Justice Anita Allen has just ruled that following the hearing and deliberation, all five protested votes will be counted. This ruling puts the PLP's Ryan Pinder ahead by three votes. Allen warned the packed courtroom that she would not tolerate any outbursts before she began and when the results were read, there was complete silence in the courtroom.
11:33am – Everyone involved in the Elizabeth by-election court case is now inside the courtroom and proceedings have begun. The courtroom is filled to capacity.
10:58am – A crowd of about 50 curious onlookers and supporters of both the Free National Movement and the Progressive Liberal Party have gathered outside the court hearing the Elizabeth by-election case.
Senior Justice Anita Allen and Jon Isaacs who have been presiding over the case have just arrived at court, but the two candidates vying for the parliamentary seat – FNM's Dr Duane Sands and PLP's Ryan Pinder have not been spotted.
When the case is scheduled to resume at 11:30 today, a ruling will be given as whether any of the five protested votes cast for Pinder will be counted. Pinder needs three votes to be declared the winner of the election. A two vote gain for Pinder would result in another election.
March 23,2010
tribune242
Carl Bethel - Free National Movement (FNM) chairman says party won't name candidates yet for the next general election
By Brent Dean ~ Guardian Senior Reporter ~ brentldean@nasguard.com:
Free National Movement (FNM) Chairman Carl Bethel has confirmed that the governing party will not be announcing candidates for the next general election at this time, as has been done by the opposition party.
"We are not involved in that process as of yet," said Bethel yesterday in an interview.
PLP leader Perry Christie told The Nassau Guardian on Sunday that the nomination and selection process would be ongoing in that party.
The PLP ratified four candidates last Thursday.
Senators Jerome Fitzgerald (Marathon), Michael Halkitis (Golden Isles), Hope Strachan (Sea Breeze) and Dr. Kendal Major (Garden Hills) will run for the PLP in the next general election.
Christie added that 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.
Bethel said he is not surprised that the PLP moved to nominate candidates early.
"Oppositions do that type of thing. That's standard fare for opposition parties – that you nominate your candidates early in an attempt to, in a sense, give them a little stature when they go out into the field," he said.
As time goes, Christie confirmed that the PLP would name its candidates on a steady basis.
A party source said that it is possible that the PLP would continuously name candidates for seats it does not currently hold each month at its National General Council meeting.
The process of deciding which sitting PLP MP will or will not again receive nominations will take more time, the source said.
A general election must be held by 2012.
If Prime Minister Hubert Ingraham waits until then to call the poll, it would mean that the PLP began the ratification process two years before the general election.
In 2007, even though Christie called the general election, the PLP did not announce its slate of candidates until about six weeks before the vote.
The FNM's chairman said his party would not be directed with its candidate selection process based on the moves by the PLP.
"We at least have the ability to have a little more say over the timing of events. While it is necessary to always have regard to the political dimension, what the Bahamian people need right now from the governing party is government," he said.
"What the country needs is a steady hand on the tiller leading this country in correct direction and to take decisions that are based on the best interests of the Bahamian people and not on political considerations."
Bethel said this is what the government is focused on.
It is still unclear if Prime Minister Ingraham will lead the FNM into the next general election. Ingraham has said he would inform the country of his decision by the end of the year.
Christie has confirmed his intention to run again as PLP leader.
March 23, 2010
thenassauguardian
Free National Movement (FNM) Chairman Carl Bethel has confirmed that the governing party will not be announcing candidates for the next general election at this time, as has been done by the opposition party.
"We are not involved in that process as of yet," said Bethel yesterday in an interview.
PLP leader Perry Christie told The Nassau Guardian on Sunday that the nomination and selection process would be ongoing in that party.
The PLP ratified four candidates last Thursday.
Senators Jerome Fitzgerald (Marathon), Michael Halkitis (Golden Isles), Hope Strachan (Sea Breeze) and Dr. Kendal Major (Garden Hills) will run for the PLP in the next general election.
Christie added that 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.
Bethel said he is not surprised that the PLP moved to nominate candidates early.
"Oppositions do that type of thing. That's standard fare for opposition parties – that you nominate your candidates early in an attempt to, in a sense, give them a little stature when they go out into the field," he said.
As time goes, Christie confirmed that the PLP would name its candidates on a steady basis.
A party source said that it is possible that the PLP would continuously name candidates for seats it does not currently hold each month at its National General Council meeting.
The process of deciding which sitting PLP MP will or will not again receive nominations will take more time, the source said.
A general election must be held by 2012.
If Prime Minister Hubert Ingraham waits until then to call the poll, it would mean that the PLP began the ratification process two years before the general election.
In 2007, even though Christie called the general election, the PLP did not announce its slate of candidates until about six weeks before the vote.
The FNM's chairman said his party would not be directed with its candidate selection process based on the moves by the PLP.
"We at least have the ability to have a little more say over the timing of events. While it is necessary to always have regard to the political dimension, what the Bahamian people need right now from the governing party is government," he said.
"What the country needs is a steady hand on the tiller leading this country in correct direction and to take decisions that are based on the best interests of the Bahamian people and not on political considerations."
Bethel said this is what the government is focused on.
It is still unclear if Prime Minister Ingraham will lead the FNM into the next general election. Ingraham has said he would inform the country of his decision by the end of the year.
Christie has confirmed his intention to run again as PLP leader.
March 23, 2010
thenassauguardian
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