The views expressed are not those of ANN but those of the New Democratic party <\/p>\n\n\n\n
Following\nthe general elections held in St. Vincent and the Grenadines on the 9th\nDecember 2015, two of the candidates for the New Democratic Party (NDP), Mr.\nExeter and Mr. Baptiste, filed petitions challenging the election results in\nCentral Leeward and North Windward constituencies, respectively. As required by\nthe legislation governing elections petitions, recognizances were signed by\npersons intending to be sureties to provide security for costs on behalf of the\npetitioners so that the petitions could proceed.<\/p>\n\n\n\n
The\nRespondents in the matters, (i.e. the relevant Returning Officer, Presiding\nofficer, the Supervisor of Elections, Sir Louis Straker, Mr. Montgomery Daniel\nand the Attorney General of St. Vincent and the Grenadines) filed applications\nin the Court to have the petitions struck out on the basis that they had not\nmet the requirements of section 58(1)(b) and (c) of The Representation of the\nPeople Act and Rule 9 of the House of Assembly (Election Petition Rules) 2014\nwhich set out the procedure and conditions for providing security for costs.<\/p>\n\n\n\n
The\napplication to strike out the petitions was heard before Justice Brian Cottle\non the 4th March, 2016. At that hearing, the Petitioners\u2019 lawyers made a\npreliminary objection to the application on the basis that the Court lacked\njurisdiction to hear it at that stage of the petitions proceedings. Despite the\nobjections of the lawyers for our candidates, the Judge proceeded to hear the\napplication to strike out the petitions. In a written decision delivered on the\n4th day of April, 2016, Justice Cottle ultimately agreed with our candidates\u2019\nlawyers and ruled that the petitions could not be struck at that stage of the\nproceedings. However, unusually, went on further to state that if the application\nto strike out the petitions were raised again , later, during the hearing of\nthe petitions on their merits, it was bound to succeed.<\/p>\n\n\n\n
When the\npetitions came before Justice Cottle for hearing on the 16th June 2016, the\nmotion to strike out the petitions was again brought by the Respondents. The\nmotion was granted (as Justice Cottle had previously said would happen) and the\npetitions were struck out. Mr. Exeter and Mr. Baptiste appealed against that\ndecision striking out their petitions. After much delay, and despite the\nefforts of the lawyers for Mr. Exeter and Mr. Baptiste to have the appeal heard\nearlier, the appeal was finally heard on March 7, 2017, in St. Lucia. Mr.\nExeter and Mr. Baptiste won the appeal which paved the way for the hearing of the\npetitions.<\/p>\n\n\n\n
A number of delays occurred after the ruling of the Court of Appeal\nincluding the recusal of Justice Henry from the case. Nevertheless, the trial\nof the petitions began on February 11, 2019. The trial vindicated the outcry\nmade by the NDP following the 2015 general elections. In witness statements and\ncross-examination testimony, compelling evidence was given by the witnesses for\nthe Petitioners concerning numerous serious irregularities and illegal\npractices that took place in the 2015 general elections. Evidence given by\nRespondents\u2019 witnesses also supported the\nclaims of irregularities and unlawful practices by election officials on\nElection Day and at the final count and purported final count. <\/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\nfacts and evidence. We continue to call\nfor reform of our country\u2019s elections practices and processes. This includes the establishment of an\nindependent electoral commission to oversee our elections. There must also be\nstrict 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.\n\nThe NDP applauds the hard work and tremendous skill of the entire legal\nteam who represented the Petitioners. We also salute the courage of the\nwitnesses. And to our members, supporters and well wishers we sincerely express\nour gratitude to yo\n\n\n\n \\lsd<\/p>\n","protected":false},"excerpt":{"rendered":"
The views expressed are not those of ANN but those of the New Democratic party Following the general elections held in St. Vincent and the Grenadines on the 9th December 2015, two of the candidates for the New Democratic Party (NDP), Mr. Exeter and Mr. Baptiste, filed petitions challenging the election results in Central Leeward<\/p>\n","protected":false},"author":8,"featured_media":303,"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":[5,9],"tags":[],"class_list":["post-3143","post","type-post","status-publish","format-standard","has-post-thumbnail","category-local-news","category-opinion"],"yoast_head":"\n