ELECTION PETITIONS - Labour seeks to distort Courts ruling
It was over four months ago (in November 2004) that three Peoples Action Movement Candidates filed Petitions disputing the General Election results in three Constituencies in St. Kitts. Following the Election of 25 October 2004, Lindsay Grant (Political Leader of the Peoples Action Movement), Eugene Hamilton (Deputy Political Leader) and Glenroy Blanchette filed Petitions relating to Constituencies 4, 8 and 1 respectively, alleging that the Labour Candidates by themselves or their agents indulged in corrupt practices which contravened the Election laws.
The Respondents refused to file any Defenses to PAMs Petitions. The Respondents had first objected to the Petitions on the ground that the Court had no jurisdiction to hear them. This was obvious nonsense and the Court soon ruled that it did indeed have the jurisdiction. Because there are no clear legal rules regarding the practice and procedure for the hearing of Election Petitions the Petitioners asked the Court for Directions as to the next steps, which is the usual way for matters to proceed in the Courts.
The Respondents then continued to put spurious obstacles in the way seeking to delay the trial, but their objections soon disappeared like a mirage in the desert as one of the lawyers for PAM argued that they should.
The Order of Justice Davidson Baptiste made in Open Court on 3rd February now forces the Respondents to make an Answer to the PAM Petitions, something that they have fought against for the last 4 months!!
The full Order is as follows:-
- The Respondents are to file and serve an Answer to the Petitions and Affidavits in Answer on or before 21 March 2005.
- Petitioner is at liberty to file and serve further Affidavits in support of the Petition on or before 29 March 2005 insofar as these Affidavits are in support of matters properly pleaded in the Petition.
- All Affidavits filed are to stand as evidence-in-chief. The Deponents are to be available for cross-examination at the Trial.
- List of Witnesses to be filed and served by the parties on or before 4th April 2005.
- There is to be production and inspection of any letters issued by the Supervisor of Elections on Polling Day in relation to the Election as mentioned in paragraph 9(a) of the Petition.
- One hour is allowed for Opening Speeches.
- Written Submissions in that regard to be filed and served on or before 20 April 2005.
- Each party is allowed 2 hours for Closing Speeches.
- Trial shall commence at 9am
On 25th April - Lindsay Grant
On 3rd May - Eugene Hamilton
On 17th May - Glenroy Blanchette
- Written Submissions and Authorities are to be filed and served on or before 4th May 2005 [This relates to Lindsay Grant. Final Submissions for the others relate to their respective Trial dates].
His Lordship also went on to say that no Order is made in respect of the ballots [which PAM wanted to see in support of some of their allegations about the thinness of the paper and markings made on the ballots by election officers] as there is no proper basis for making such Order, and that the same applies to poll books and notes made by the Election Officers. There were also allegations by PAM that persons brought in by the Labour Party to Vote in the Elections were allowed to pay only $5.00 (five dollars) Departure Tax as against the normal $50.00 (fifty dollars), and PAM sought to get sight of the Departure Tax records. The Judge did not allow this.
Labours spin merchants have latched on to this last part in an effort to save face and imply that PAM has lost. It will be seen from the above that that is not the case at all. The important point is that the Respondents now HAVE to file Answers to the Petitions, and their Answers should be truly interesting. We continue to ask what it is that Labour is afraid of.
PRESS RELEASE FROM PEOPLES ACTION M OVEMENT
P.R.O.
Peoples Action Movement
Tel. 869 465 2091
