BASSETERRE, St. Kitts, November 11th 2009 (PAM Secretariat) - Three children of the Press Secretary to the Prime Minister, Erasmus Willians, are among 11 who have been struck off the voters list for Constituency Eight. This was the decision handed down by Justice Francis Belle in a court matter brought last week.
The matter was brought by Eugene Hamilton and Robert Charles against Registration Officer Joseph Edmeade. Appearing on behalf of the appellants was Vincent Bryon while Mr. Arudranauth Gossai for the respondent.
Williams’ children, Teresa Pemberton, Travis Williams and Travisia Williams, along with eight others had their names removed from the voters list for Constituency Eight. The others are Shayne Hanley, Keisha Hanley, Kaye Hanley, Kelly Ann Hanley, Damion Williams, Calvin Williams, Kristol Williams, Kristol Morton and Petron Matthew.
In a seven page ruling, Justice Belle said: “It is my view that those who allege that they have two residences must produce some evidence of this. Visiting a location three times per year certainly cannot be conclusive evidence of maintaining a residence in that location. If this were the case, every person who visited a friend in a location in a district other than that in which they are registered and reside could claim a right to be registered in that district which they visit. Such an interpretation would make nonsense of the legislation.”
Justice Belle further noted the findings of the Registration Officer’s conclusions in relation to Travis Williams, Travisia Williams and Teresa Pemberton were incorrect and ran contrary to the weight of the evidence before him and as it has been recorded by him and presented to the court. He went on to state that these persons reside at Millionaire Street and refuted any presumption that they lived at Key’s Village, since no evidence of residence at Keys Village was presented to the Court.
Commenting further on the case, Justice Belle said that he view with some suspicion the conclusion of the Registration Officer that Travis Williams, Travisia Williams and Teresa Pemberton reside in both Keys Village and Millionaire Street. He said that this is based on conversations with persons in both areas, but none of those persons came to the objection hearing to give evidence.
“Why is the Registration Officer so willing to rely on what these persons say when not on oath but willing to reject what others say on oath? In my view, the Registration Officer should have given more convincing reasons for his conclusions which, because of their unsubstantiated and unreliable nature, cannot outweigh the evidence of persons who knew these voters and who appeared before him and gave evidence on oath that the relevant voters did not live in Keys but in Millionaire Street.”
He stressed that Millionaire Street is not in District 8.
“I therefore hold that the Registration Officer’s conclusion in the circumstances cannot be relied upon and I therefore reject it,” Justice belle said.
Justice Belle further ruled that in the cases of Shane Hanley, Keisha Hanley, Kaye Hanley, Kelley-Anne Hanley, Damion Williams, Calvin Williams, Kristol Morton and Petron Matthew, the evidence was that they lived in Shadwell for the past six (6) years.
“Shadwell is not in District #8. The Registration Officer seems to be assuming that these voters once resided in District #8. None of them appeared to give evidence at the objection hearing. The Registration Officer claims that based on his investigation they have two residences, one in District #8 and the other in Shadwell. The Registration Officer assumes that if they once lived in District #8 that is sufficient, based on Dudley Williams vs. Laureen James, for him to hold that they still reside in District #8 unless they have abandoned such residence,” Justice said.
Justice Belle further ruled that there is no evidence that these persons ever resided in District # 8 other than their registration there. “The Registration Officer continues to err on the basis that he implies in his decision that an assertion of residence at the time of the registration is such strong evidence that the person resided at that location at the time of registration and that they still reside in the location until they qualify to reside in a different location, that it cannot be rebutted by evidence to the contrary.”
In handing down his decision, Justice Belle ruled that he rejects the conclusions of the Registration Officer.
“…I therefore find in favour of the appellants on all 11 appeals against the decision of the Registration Officer disallowing the objections. The evidence of the appellants, coupled with the finding of the Registration Officer of the true places of residence, was strong and could not be refuted by rumor or the unreliable evidence of Travis Williams. Ï therefore hold that the following names, Travisia Williams, Teresa Williams, Travis Williams, Shayne Hanley, Keisha Hanley, Kaye Hanley, Kelly-Anne Hanley, Damion Williams, Calvin Williams, Kristol Morton and Petron Matthew, should all be removed from the register of voters for District #8.”
He also instructed the Registration Officer to pay the costs of the appellants in the matter, noting that such costs to be assessed if not agreed.
Eugene Hamilton expressed satisfaction with the Court’s decision, noting that it is testimony that the voters list is significantly padded. He however expressed confidence that regardless of what is attempted he and his party are confident of winning.
