Petitioner Rest Case; Defense Begins

January 19, 2012

On of the 4^th day of this landmark Election Petition in Nevis, whatever political persuasions one may be any witness to today’s proceeding would have to agree: “today was all about the Petitioner”.

The morning began with a continuance of the parade of disenfranchised voters giving evidence for the Petitioner. Testimony and questions on cross examination was for the most part in the same vein as yesterday. For the fourth straight day the courthouse was filled to capacity, with several persons waiting outside in the hopes that someone would exit. Mr. Anthony Astaphan seemed to have gotten over whatever ailed him yesterday afternoon. However Counsels for the Respondents seemed as in the previous days; and at times took so long to address the Court after the witness had been handed over for cross examination that the Court had to ask if they “… had any questions for this witness”. As in the days previous the Respondents failed to challenge the evidence presented by the several witnesses.

Just before noon, Douglas Mendes, Lead Attorney for the Petitioner addressed the Court. He laid out, (“for those who wanted to report accurately”) that the Petitioner had called forth forty seven witnesses to give evidence. He said that there were more witnesses but they will not be called because some had asked not to be call for fear of reprisal either through job or status; some were overseas and could not make it because of commitments; one was summoned but not responded; another summoned but off island; and others were accepted without dispute. Whether he realized the climate, or was privy to the inaccurate reports of some media outlets, he cautioned that these were the facts and that he would bring a claim to the Court to anyone who reported differently.

At that, the Petitioner rested his case. It was time for the defense to make its case.

First witness for the defense called to the stand was St. Clair Challenger more popularly known as Sazam Hull. Mr. Challenger had entered an affidavit on behalf of Hensley Daniel, 1^st Respondent. When asked if he had been shown the affidavit of Mark Brantley, he answered “absolutely not.” When asked what he was responding to in his affidavit, he said a random conversation on the street, at Market Shop in Gingerland. Asked if he ran to the Court to make an affidavit to a random conversation that he overheard; he said yes. The remainder of his testimony, besides denying seeing the affidavit of Lawyer Theodore Hobson, was the constant refrain “I do not recall. I do not recall”.

The next witness was Halstead Byron; more commonly known as “Sooty”. However, as most of his affidavit evidence was struck out, there was nothing material to or from him.

The fireworks of the day, and indeed the trial so far, came when the Supervisor of Elections, Mr. Leroy Benjamin took the stand. On direct examination, and under oath, Mr. Benjamin told the Court that he never advised the public that they could re-confirmed where they were traditionally registered; and that he never told the public that it was easier to re-confirm than to re-register.

Mr. Benjamin further told the Court, under oath, that he never received any complaints from Mark Brantley or the CCM of anything untoward happening at the Electoral Office.

On cross-examination he was asked by Douglas Mendes if he knew the procedure if an objection was late, he said he did not. He later ventured to say it “was up to the Registration Officer”. When pressed he stated that it was in fact ten days from the publication of the monthly list if there was objection the named were automatically added to the master list.

With regard to the lists subpoenaed by the Court it was established that the lists bore no official stamp. Mr. Benjamin admitted that they were produced copies for the purposes of the subpoena. He further admitted that no revised lists were produced in 2011 so that voters would know if there were on or off the list.

The bombshell of the day and of the trial thus far came when Mr. Benjamin was questioned about a letter sent by Hon. Mark Brantley in his capacity as Leader of the Opposition, to the Electoral Commission citing distress over what was happening at the Electoral Office and the non production of lists as prescribed. The letter was addressed to the Chairman of the Electoral Commission and copied to the other Members and the Supervisor of Elections. Mr. Benjamin responded that he did not do anything in response to the letter to which he was copied because he was aware that the lists referenced by Mr. Brantley “had already gone over to Nevis.” When then asked, in light of him now unwittingly acknowledging seeing this letter, if he was ready to withdraw his statement in his sworn affidavit that he never received any complaints from Mark Brantley or the CCM; Mr. Benjamin could not, or refused to respond.

Mr. Benjamin was saved by the bell as it was shortly after this point that the day came to a close. However, he will retake the stand tomorrow for further questioning by the Attorneys for the Petitioner. Court adjourned to reconvene at 9:00 am. Douglas Mendes and Mark Brantley descended the steps of the courthouse to resounding cheers and applause from the people gathered in the street and Memorial Square; while the Respondents and their Attorneys scampers out the back and into waiting vehicles to be scurried away. Tomorrow indeed promises to be colorful.

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