Respondent to file stay of execution
CHARLESTOWN, Nevis – JUDGMENT in the Nevis Election Petition case was handed down earlier today (Mar. 21) at the Nevis Circuit Court invalidating the July 11, 2011 election results for Constituency Number Two. However, portions of the judgment have left some scratching their heads as to their true meaning.
His Lordship Lionel Jones – who presided over the two-week case initiated by Concerned Citizens Movement (CCM) Constituency Representative for Nevis Two Mark Brantley against his elected opponent Hensley Daniel and others - read his order before a packed courtroom just moments after 11:00 a.m.
His first order pronounced as null and void the July 11, 2011 elections of the Nevis Island Assembly for Nevis Two (Parish of St. John).
The second of the five orders dismissed the order that “the Electoral Commission acted in contravention of section 33(4) of the Constitution in failing to take steps to ensure that the persons listed in the First Schedule of the petition were allowed to vote and also failed to ensure that the second Respondent (Supervisor of Elections) took steps to do so”.
His Lordship also ruled that Brantley’s Constitutional right to freedom of expression was contravened and that he was treated discriminatorily “by the failure of the Nevis Island Administration on its nightly Nevis News Cast to cover any of the political events organised by the (Brantley’s) political party during the campaign leading up to the election of July 11, 2011”.
Of particular note was order number three which refused or dismissed Brantley’s request that the court order that the 200-plus names which were unlawfully removed from the electoral list be fully restored.
His Lordship also ordered that each party bears their own cost.
As Brantley and Leader of the CCM Vance Amory exited the courtroom, their supporters – many of whom were bedecked in party paraphernalia - shouted in victory as news of the court’s decision had spread. Some even embraced their representatives while others hoisted them into the air in a spirit of jubilation.
Speaking with the media following the judgments Brantley said he has yet to peruse the 146-page judgment but, for now, noted that he is “very pleased that the election has been declared null and void”.
Dr. Henry Browne, counsel for the First Respondent (Hensley Daniel), explained to the media that he has difficulty understanding how His Lordship’s first and third orders could co-exist.
“What is interesting is that although the learned judge declared invalid the elections held on 11 July 2011, he has ordered that the names sought to be restored to the list not be restored. As I stand here now, it is difficult for me to understand how his first order invalidating the election and his refusal to have the names restored to the list, how they can peacefully sit together. In my opinion, they cannot. The restoration of the names on the list was the acumen and touchstone and kernel of the petitioner’s case.
“The learned judge refused his application on that ground but overall, that might today, bury itself in the fact that he declared the election invalid and void. How they can peacefully sit…?”
According to Dr. Browne, as immediate as today, he would be seeking to secure a stay of judgment and would begin pursing a case at the Easter Caribbean Supreme Court (ECSC) level.
“I am slightly puzzled. I am puzzled for the following reasons…It is clear to me that the petitioner had no case, but whatever happens here doesn’t faze the first respondent Mr. Daniel, because we will mount an appeal against certain portions or orders of this decision…”
Background information
Nevisians went to polls on July 11, 2011 to elect the Nevis local government which resulted in the Nevis Reformation Party (NRP) winning three of the five available seats.
NRP’s Hensley Daniel ran against CCM’s Mark Brantley and edged him out by a mere 14 votes.
Prior to the elections however, the CCM sounded an alarm alleging that approximately 200 names were illegally removed from the Voters’ List, which resulted in disenfranchisement of CCM supporters.
Subsequently, Brantley filed an election petition against a number of individuals including Daniel; the Premier of Nevis, Joseph Parry; the Supervisor of Elections, Leroy Benjamin; and the Electoral Commission.
Bramtley’s argument was that the elections were riddled with fraud, irregularities and corruption.
