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Posted: Wednesday 1 August, 2012 at 3:48 PM

Court orders Supervisor of Elections, Nevis Registration Officer to produce objection hearing decisions within seven days

Nevis Registration Officer Bernadette Lawrence and Supervisor of Elections Leroy Benjamin
By: Terresa McCall, SKNVibes.com

    BASSETERRE, St. Kitts – YESTERDAY (July 31), the Supervisor of Elections –  Leroy Benjamin – and the Registration Officer on Nevis – Bernadette Lawrence – have been ordered by a court of law to produce decisions in objection hearings for the St. John’s area within seven days.

     

    Deputy Leader of the Concerned Citizens Movement (CCM) Mark Brantley explained to this media house that in January 2012 the CCM made a number of objections to persons they considered to be wrongly registered in the St. John’s Constituency, hearings for which were done by Lawrence.

     

    He further explained that the difficulty with the situation arose when there was failure on Lawrence’s part – as she is mandated by law – to make the decisions from the hearings known to the objector and to publish a revised Voter’s List which would indicate said decisions.

     

    “…Under the law, she has an obligation to make decisions, convey the decisions to the Supervisor of Elections and the objector, in this case, a gentleman called Oscar Browne. She has absolutely refused to do so. Those hearings were finished since April so we’ve had the month of April, May, June and July. Along the way she has made promises that the decisions would be made available. We have been going back and forth, back and forth for months trying to get these decisions.”

     

    As a result, the CCM – Brantley explained – sought recourse at the Nevis High Court where a claim for judicial review was made and an order of “mandamus” – ordering those responsible to provide the relevant information - was requested and granted.

     

    Expounding on the significance of the matter as it relates to the preservation of democracy, a passionate Brantley explained that it is obvious that there is disregard for the law with some acting as if they function above its reach.

     

    “Why this is important is because of two factors: 1. If an election is called before those decisions are rendered, those people will continue to vote in St. Johns and, 2. If those decisions are made and they are not to anybody’s liking there is a further process of appeal to the High Court and, if they are made just on the eve of an election, no time would be left to pursue the High Court position.

     

    “So the law contemplates that decisions would be made properly and, as a matter of fact, it says that a revised list must be published the 15th of the month or no later than the end of the following month, setting out what those decisions were. Nothing at all has been done! We have written to the Supervisor…he has not responded, as usual, and so we took an action in the Court and the action came up for its first hearing yesterday (July 31).

     

    “The judge (Justice John Benjamin) - yesterday - was quite appalled at what was happening yet again and he issued an order that the decisions be provided in seven days. What is interesting is that the Supervisor – yesterday – indicated that he has no problem producing the decisions within seven days. So it begs the question, why has he not produced them over the past several months, notwithstanding letters to him and notwithstanding him being aware that his subordinate - the Registration Officer - was once again breaching the law?”

     

    SKNVibes made contact with the Supervisor of Elections to get his take on this development and he advised that while he appreciated the call, this media house had contacted “the wrong person”.

     

    When asked from whom this publication should seek information, he responded: “I guess there are folks around who might have the information.”

     

    Attempts were also made to contact Registration Officer Lawrence but they were unsuccessful.

     

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