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Posted: Thursday 29 July, 2010 at 11:45 AM

Supervisor of Election’s impartiality brought into question in Election Petition case

Senior Counsel Anthony Astaphan
PAM Secretariat

    Counsel Anthony Astaphan for Supervisor of Elections admits to collaboration with Counsel Dr. Henry Browne for Hon. Glenn Phillip

     

    Basseterre, St.Kitts, July 27th 2010 (PAM Secretariat) - At last Thursday’s Strike-out Application hearing in Lindsay Grant’s Election Petition, Counsel Terence Byron for the Petitioner highlighted the “carbon copying” of the submissions of Counsel Anthony Astaphan and Dr. Henry Browne who appeared, respectively, for the Supervisor of Elections Leroy Benjamin and the Hon. Glenn Phillip.

     

    Mr. Byron outlined the fact that the Office of the Supervisor of Elections is held to a high standard of independence and objectivity. However, this was not demonstrated in the Application hearing as it became painfully obvious that Supervisor of Elections Leroy Benjamin and First Respondent Glenn ‘Ghost’ Phillip were in fact working in conjunction to ensure that Grant’s Petition never goes to trial. Lawyer Terence Byron called it “absolutely disgusting” that the written submissions filed in the Court by Dr. Browne and Mr. Astaphan were virtually identical.

     

    Section 34(7) of the Constitution stipulates that the Supervisor of Elections must report only to the Electoral Commission and shall not be subject to the direction or control of any other person.

     

    It was therefore most alarming when Lawyers Browne and Astaphan admitted to Judge Hariprashad-Charles that they have been working together on behalf of their clients and that they see nothing wrong with this.

     

    Lawyer Byron for the People’s Action Movement’s Political Leader Lindsay Grant, illustrated that the other parties are so deep in bed together that Supervisor Leroy Benjamin’s written submissions included issues of bribery and treating even though these issues were obviously only relevant to the First Respondent Glenn Phillip.

     

    Counsel Byron declared that it is a vital democratic principle that the integrity and independence of the Supervisor of Elections is upheld and protected against risks of corruption. The role of the Supervisor of Elections in the Strike-out Application raises serious questions relating to Mr. Lindsay Grant’s charge of general corruption in the January 2010 Elections.

     

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