| Election Petition Trial Nears End; Astaphan Gives Closing Statements |
| By L.K. Hewlett |
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Anthony Astaphan SC |
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Jan. 26 -- Anthony Astaphan SC, Lead Counsel for the respondents in the Nevis Election Petition trial, will make his closing submissions today.
The eminent attorney, along with Arudranauth Gossai and Sylvester Anthony, represented Electoral officials Kelvin Daley, Bernadette Lawrence and Election Supervisor Leroy Benjamin in the legal proceedings.
Lawrence and Benjamin were the only respondents of the nine named in Hon. Mark Brantley’s petition to take the stand during the trial which began last Monday (Jan 16).
Political pundits posit that Astaphan is facing an uphill battle after Brantley’s lead Counsel Douglas Mendes SC got the electoral officials to admit to dereliction of duties that lead to some 200 voters being disenfranchised during the July, 2011 NIA elections. Mendes, in his closing statements, submitted that the actions on the part of both Lawrence and Benjamin were “deliberate” attempts to manipulate the outcome of the elections in favor of the incumbent NRP, particularly that of Constituency #2 where Brantley lost by 14 votes to Hon. Hensley Daniel.
In his opening submission, Astaphan had said as it related to the issue of which list was to have been used for the election, the Judge ought to look at legislation which said the revised list “had nothing to with the master list”.
“Failure to publish the list does not invalidate the list,” he said.
Of more import, Astaphan contended, was the “conduct of the Petitioner”. He said Brantley could not “sit back and not take legal action” when he had knowledge of alleged irregularities and then argue after the election and expect the court to overturn the election.
His closing statements are expected to reflect this stance. His submission could last the entire court day, as did Mendes’.
Closing submissions will likely end on Friday with Dr. Henry Stougumber Browne, representing Hon. Hensley Daniel. Justice Lionel Jones, who presided over the trial, said once oral submissions are concluded he will instruct whether the lawyers will have 7 or 14 days to submit written submissions. |
