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St Kitts court dismisses opposition's third election petition

Friday, July 28, 2006

BASSETERRE, St. Kitts: Another candidate of the St Kitts opposition People’s Action Movement (PAM) has failed in the High Court to overturn the wishes of the electorate in the 2004 General Elections.

High Court judge, Justice Francis Belle, who earlier this month dismissed the election petition of the political leader of the People’s Action Movement (PAM), Lindsay Grant, in a 45-minute ruling Wednesday found that defeated PAM candidate for Constituency #8, Eugene Hamilton, gave no convincing evidence of any irregularities alleged in his civil suit brought against three-term Labour Party Parliamentarian, Cedric Liburd; Supervisor of Elections, Leroy Benjamin and Returning Officer, Waylan Vaughan. Justice Belle dismissed the Election Petition with costs.

Hamilton, who was not in court for the judgement, was said by PAM party sources to be on a cruise with his family. Also not in court were PAM’s political leader, Lindsay Grant and Constance Mitcham, both lawyers.

Hamilton and Grant, along with Glenroy Blanchette, were the three defeated PAM candidates, who filed petitions in the High Court challenging the results in Constituencies #8, #4 and #1.

Emerging from the Sir Lee Llewellyn Moore Legal and Judicial Complex accompanied by his wife Veronica and several supporters following the verdict, an elated Cedric Liburd said the judge’s ruling vindicated him.

“I am pleased with the judgement that has just been handed down today and I now look forward to the entire constituency settling down,” said Liburd, who singled out, Valentine Lindsay, one of the witnesses for the opposition candidate and petitioner, Eugene Hamilton.

“Valentine Lindsay had indicated in his affidavit and on the witness stand that he saw a number on the ballot paper that he was given to vote at the polling station located at the St Peter’s Church Hall,” said Liburd.

Justice Belle, who requested the Supervisor of Elections, Leroy Benjami,n to bring the ballots to court, found no numbers or markings on the back of the ballots as submitted in evidence by Lindsay.

“It was said by the People’s Action Movement that there was going to be a by-election in the constituency. I am pleased with the judgement and I hope that we can now go forward,” said Liburd, who is also Minister of Agriculture, Housing, Fisheries and Consumer Affairs.

“I now ask that all of us join together as we continue the building process that we started since 1995 in making sure that the quality of life of the people in Constituency 8 is improved,” said Minister Liburd, who used the opportunity to thank his lawyers, Anthony Astaphan S.C. and Jason Hamilton for their tremendous support.

Kittitian Barrister at Law, Jason Hamilton, in expressing satisfaction with the judgement said it was not unexpected given the course of events with the two previous election petitions.

“It’s a validation of the electoral system. It’s a validation of the will of the people in that the results that came out of the last elections were proven to be correct and there was no findings of irregularity or impropriety on the part of Mr Liburd or his agents and so we are satisfied with the judgement that was given today,” said Hamilton, who is also the General Secretary of the governing St Kitts-Nevis Labour Party.

Hamilton said the judge’s ruling also validates the democratic system in St Kitts and Nevis “because you had a situation where the opposition lost an election, the matter was brought to court and the allegations dismissed and it shows that the process of democracy still works very well.”

Minister of Health and Parliamentary Representative for Constituency #4, Rupert Herbert, whose re-election was challenged by PAM’s Political Leader, Lindsay Grant, the filing of the election petition by his opponent sends a strong signal that power hungry people will always try to frustrate the will of the people.

“In 1993, I lost an election by 10 votes. But I am a man and when I lose, I accept my loss. The truth is I was never hungry for power. I want to be elected to carry out a programme for the people of my constituency and for the people of St Kitts and Nevis. This I have tried to do,” said Herbert in commenting on judge’s dismissal of the Grant election petition earlier this month.

He said the unnecessary challenging of the elections results by the PAM leader “tell me though that there are some persons who in their strong desire to attain political office will stop at nothing to attempt to frustrate the will of the people.”

Herbert added that as believer of democracy, “I think the judgement vindicates the rule of law, it vindicates the will of the people because it was the will of the people that I be elected in Constituency #4.”

On May 30th, Justice Belle also dismissed the election petition brought by the defeated PAM candidate, Glenroy Blanchette.

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