Judge strikes out NDP election petitions

The two election petitions filed by candidates for the New Democratic Party (NDP) were struck out yesterday by High Court judge Brian Cottle, who ordered that the petitioners pay the respondents’ costs.

In his judgement, Cottle said the petitioners were obligated to provide sureties and this was not done.

“The recognizances provided by the petitioner revealed no sureties – only the petitioners themselves stood as surety. {{more}}The absence of sureties as required is fatal. The petitions are void and nullities and consequently struck out for this reason. The petitioners will pay the respondents’ costs to be assessed if not agreed.”

In April, Cottle had strongly hinted that this would be how he would rule, when an earlier application to strike out the petitions was made by lawyers for the Government. At that time, he had ruled that it would be premature to strike out the petitions which seek to overturn the results of the general elections of December 9, 2015 in the Central Leeward and North Windward constituencies, as the solicitors for the Government had sought.

The judge, however, said that if lawyers for the Government apply for the petitions to be struck out when the petitions are argued before the High Court, they will succeed.

“However, having had the benefit of full arguments, I am of the view that such an application, if made at the beginning of the hearing of the petition, is bound to succeed. This indication may be of some assistance to the parties in deciding the way forward and saving costs, time and national uncertainty,” Cottle ruled in April.

Last week, Cottle reserved judgement on the new application made by the Government to throw out the two petitions. During his summation last week Thursday, Cottle told the court that he believes it is his duty to write his judgement, because of the public interest the matter has generated.

The case had taken an unexpected turn last week Thursday, when lawyer for the petitioners Stanley ‘Stalky’ John QC pointed out that the lawyers for the Government have filed new motions to strike out the petitions, when in fact, the first notice of the application, which the judge said he had no jurisdiction to hear, still subsists on the record.

Cottle, in yesterday’s judgement, disagreed with the petitioners, stating that the earlier applications to strike out were “dealt with and determined by that written judgement. They are no longer live applications. The subsequent motions to strike out the petitions, albeit on the same grounds, cannot constitute an abuse of process. This objection fails.”

The petitioners had earlier given notice that should they be unsuccessful at this stage, they intend to appeal the judgement at the Appeal Court of the East Caribbean Supreme Court.

The petitioners in the matters are candidates for the NDP Lauron Baptiste and Benjamin Exeter, while the respondents are supervisor of elections Sylvia Findlay; successful Unity Labour Party candidates Montgomery Daniel and Louis Straker; returning officers Vil Davis and Winston Gaymes; presiding officers Veronica John and Kathleen Jeffers.

The solicitors for the Government are Anthony Astaphan SC, Richard Williams and Grahame Bollers, while those for the petitioners were Stanley John QC, Kay Bacchus-Browne, Andreas Coombs and Shirlan Barnwell, instructed by Maia Eustace.