| Brantley, Benjamin Testify in Election Petition Case |
| By L.K. Hewlett |
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Hon. Mark Brantley | Leroy Benjamin Sr. |
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Hon. Mark Brantley was the first witness to testify in the Election Petition case which commenced Monday (Jan. 16). As the petitioner Brantley took the stand and swore that the affidavit bearing his name and signature and entered into evidence was true and correct. His team, led by Douglas Mendes SC, listed 63 witnesses however only 46 went before the court.
Lead Counsel for the respondents’ legal team Anthony Astaphan SC questioned Brantley about when he realized that voters’ names were removed from list. He asked the CCM Deputy if he had been aware of alleged irregularities with the voters’ list months before the July election, why did he not raise an alarm.
“By the 19th of May you were armed with information of aggrieved voters,” Astaphan charged. He said proof of this was chronicled in a letter Amory sent May 19 and 25. The Senior Counsel said agents of CCM had copies of decisions in objections hearings by May 30th.
Brantley confirmed this and also admitted that “we didn’t file for a judicial review or appeal the decisions because we were relying on the Electoral Commission’s directive to the Supervisor of Election that the names removed were to have remained on the January list”.
He said only after seeing the published list to be used for the July 11 elections on July 4th did his team take immediate action.
“Only on July 4th did we see the list and have concrete evidence and we filed two applications for judicial review. We acted as quickly as we could, considering the time frame,” Brantley said.
Most of the witnesses cross examined over the course of Tuesday through Thursday were questioned if at the time the election was held they were residing at the address listed with the Electoral Office. Most admitted they were not.
Astaphan was laying the groundwork for his claim that voters said they were disenfranchised because they receive late or no notice of objections to their names. He claimed however it was possible that the post office employees could not locate them because they had moved and not notified the registration office of the change in address.
Counsel for the Petitioner closed their case on Thursday morning and the Respondents’ team called three witnesses, St. Clair “Sazzam” Challenger, Halstead Byron and Supervisor of Election Leroy Benjamin.
The most significant parts of Byron’s testimony were struck out.
Benjamin took the stand Thursday afternoon and Dr. Henry Browne QC, representing Hon. Hensley Daniel questioned him about the objections procedure. Benjamin explained that once a name was objected to, there was a hearing and if the name was removed from the list, the person would be sent a written notice. He said the Registration Officer, a fellow respondent, was responsible for sending out such notices. He also said the Registration officer was responsible for publishing the lists, which he said were generated in St. Kitts and sent to Nevis.
Mendes questioned Benjamin, who has served as Election Supervisor for the past 7 years, if the January – March 2011monthly lists subpoenaed by the petitioner had only been prepared for the purpose of the subpoena since they bore no stamp or signature from anyone in the Electoral Office as past lists had.
Benjamin did not answer. For several of Mendes’ questions, Benjamin said he “didn’t know” or he did not answer at all. At one point Benjamin was asked if he would like to withdraw some parts of his statement/affidavit. His cross examination will continue today Friday.
Brantley and the CCM have moved the court to overturn the results of Nevis #2 and say they hope the Justice Lionel Jones will order a bi-election to determine a duly elected representative.
In the event of a bi-election and win for Brantley that would see CCM return to power with a 3-2 majority in the Nevis Island Administration. |
