<\/p>\n\n\n\n
THE VIEWS EXPRESS ARE NOT OF ANN BUT OF THE CONTRIBUTOR THE NEW DEMOCRATIC PARTY <\/p>\n\n\n\n
( NDP Press statement on Elections Petitions trial)<\/strong><\/p>\n\n\n\n On February 11, 2019, the much anticipated and often\ndelayed trial of the petitions challenging returns in the constituencies of\nCentral Leeward and North Windward in the 2015 General Elections began. <\/strong><\/p>\n\n\n\n The trial was held at a specially constituted courtroom\nlocated in the conference room on the third floor of the National Insurance\nServices (NIS) building in Kingstown. The New Democratic Party (NDP) publicly\nobjected to the use of this venue as it restricted public access to the trial.\nThe presiding judge at the trial was Justice Stanley John of Trinidad and\nTobago who, following the recusal of Justice Esco Henry, was specially\nappointed to hear the matter. <\/p>\n\n\n\n After seven days of testimony by witnesses called by the\nPetitioners Mr. Benjamin Exeter of Central Leeward constituency and Mr. Lauron\nBaptiste of North Windward constituency and by the Respondents, the trial\nconcluded on Tuesday, February 19, 2019. \n<\/p>\n\n\n\n Our lawyers must now prepare written submissions which are\nto be filed with the Court by February 28, 2019. They then return to Court on March 6, 2019 to\nmake oral submissions to the Judge. There, they will explain clearly why the\nevidence and law support a decision in favor of Ben Exeter and Lauron Baptiste.\nThe entire nation should take note of these proceedings and as many as can make\nit to the courtroom on March 6th<\/sup>, must do so and witness our\ndemocracy on trial. <\/p>\n\n\n\n The trial vindicated the outcry made by the NDP following\nthe 2015 general elections. In witness statements and cross-examination\ntestimony, compelling evidence was given by the witnesses for the Petitioners\nconcerning numerous serious irregularities and illegal practices that took\nplace in the 2015 general elections. Evidence given by Respondents\u2019 witnesses also supported the claims of\nirregularities and unlawful practices by election officials on Election Day and\nat the final count and purported final count. \n<\/p>\n\n\n\n For example, there was evidence showing that the ballot\npapers used for voting did not conform in fundamental ways to the requirements\nof the law and that, when they were used at the polls, it resulted in their\nmutilation and in the absence or improper placement of the official mark and\ninitials of the presiding officer on them. \n<\/p>\n\n\n\n When cross-examined by the Petitioners\u2019 lawyers, Queen\u2019s Counsel\nStanley \u201cStalky\u201d John and Mr. Keith Scotland, witnesses for the\nRespondents also gave evidence that supported the Petitioners\u2019 claim that the Presiding Officer\u2019s official mark and\ninitials that were required by law\nto be on each ballot counted were wrongly placed on the counterfoils and were\nentirely missing from ballots. Moreover,\nnotwithstanding this fatal flaw, those ballots were counted as though they were\nlegal ballots. <\/p>\n\n\n\n Indeed, evidence given at the trial confirmed that in at\nleast one polling station in Central Leeward, all the ballots did not have the\nofficial mark and initials of the presiding officer on them and were,\ntherefore, illegal. Yet, they were\ncounted as though they were legal ballots!<\/p>\n\n\n\n Evidence given at the trial also confirmed, among other\nthings, that the Petitioners\u2019 complaint that plastic ballot boxes with plastic ties to hold the lids in\nplace were used for voting instead of the boxes with secure locks that are\nrequired by the Representation of the People Act,our election law. A\nRespondent\u2019s witness also confirmed that in North Windward all the Form 16s and also other essential\nnotes of the Returning Officer needed to substantiate the results in North\nWindward were missing and apparently could not be found. Yet, the final result\nof the poll was determined and declared. <\/p>\n\n\n\n The NDP has consistently raised these and other serious\nmatters concerning our elections process. The trial of the petitions has again\nhighlighted our concerns. It has shown\nthat the outcry we raised following the 2015 general elections was not\nfrivolous as some in the ULP have claimed but was serious and backed up by facts\nand evidence. We continue to call for\nimmediate fresh elections and for reform of our country\u2019s elections practices\nand processes. This includes the\nestablishment of an independent electoral commission to oversee our elections.\nThere must also be strict adherence to the election laws. <\/p>\n\n\n\n These petitions have clearly shown the urgent need for\nchanges before the next election. We cannot go into another election knowing\nthat the process is seriously flawed and that the results cannot be trusted to\nbe the true reflection of the will of the people. If we are to live up to the\nclaim of being a modern democracy, we cannot fail to act. The people demand it\nand the NDP, as always, supports the wishes of the people of SVG.<\/p>\n\n\n\n In the meantime, the New Democratic Party applauds the hard\nwork and tremendous skill of the entire legal team who represented the\nPetitioners. The entire nation owes them a debt of gratitude. Their work has\nshown us what it takes to ensure free and fair elections in SVG and how hard we\nmust sometimes work to get it done. We\nalso salute the courage and fortitude of the witnesses who, despite repeated\ndelays and various obstacles, came to court and gave their evidence for the\nPetitioners as their consciences dictated. This, too, is national service!<\/p>\n\n\n\n Finally, having truthfully presented their cases, the\nPetitioners await the decision of the Judge. They have bravely and resolutely\ndone their part for their constituents and for the nation. Apart from\nhighlighting certain aspects of the evidence above, the NDP has taken the\nofficial position and has issued to all its spokespeople a directive regarding\nthe propriety of refraining from commenting on the merits of the trial and the\njudicial officials, pending delivery of the judgment. <\/p>\n\n\n\n As we have done over the three years of this matter, all of\nus in the NDP await the decision of the Judge with vigilance and undaunted\ndetermination. While we have worked diligently and continue to hope for a\nfavorable outcome, the decision is entirely in the hands of the Judge who\npresided over the trial. He has said that it will be given in Court at\n10:00a.m. on March 21, 2019. We are,\nhowever, cognizant that whichever side prevails, this matter will be finally\ndetermined by the Eastern Caribbean Court of Appeal. \n\n\n\n\n\n Accent 5;\\lsdp<\/p>\n","protected":false},"excerpt":{"rendered":" THE VIEWS EXPRESS ARE NOT OF ANN BUT OF THE CONTRIBUTOR THE NEW DEMOCRATIC PARTY ( NDP Press statement on Elections Petitions trial) On February 11, 2019, the much anticipated and often delayed trial of the petitions challenging returns in the constituencies of Central Leeward and North Windward in the 2015 General Elections began. The<\/p>\n","protected":false},"author":8,"featured_media":2630,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[5,2],"tags":[],"class_list":["post-2801","post","type-post","status-publish","format-standard","has-post-thumbnail","category-local-news","category-news"],"yoast_head":"\n