Late gazette does not qualify UDP candidates

| 26/04/2009

(CNS): Despite the fact that an extraordinary supplementary gazette has been published by GIS citing details of government contracts held by both Mark Scotland and Dwayne Seymour’s  companies, the two UDP candidates remain, according to the constitution, disqualified. However, as yet no challenge has been made to their right to continue on the hustings. Although many have expressed their concerns over this off the record, it seems none of the candidates are prepared to undermine their own campaign with the distraction of a legal battle. (Scotland & Seymour far right at UDP rally)

According to the late Gazette Extraordinary No. 27/2009 published on Friday, 24 April, four days late as required by the Constitution stated in section 19(g), Scotland has published his interest in Advanced Road Construction and Paving Ltd. (ARCP) with current government contracts for the parking lot for Government Office Accommodation Project, the repair and upgrade to football fields, the reconstruction of Dorcy Drive, and a subcontract to Royal Construction which is working on the George Town Library. He has also published an interest in MCM Consulting Ltd, which has contracts with the NRA for the East West Arterial. Meanwhile, Dwayne “John John” Seymour has published his interest in APS Airport Professional Services, which has a contract with Cayman Airways.

Both men have stated openly that the failure to publish their government contracts before the deadline was an oversight and not a deliberate attempt to deceive. Their legal status as candidates, however, is still in question as even though they indicated that they have not broken the spirit of this constitutional requirement, they have still not complied.

Following stories across the media about the situation, the UDP released an official statement from the two candidates on Friday in which they said they wished to assure the public, and in particular the people of Bodden Town, that they had made full and frank declarations of all their business interests along with all the other candidates in their Declaration of Interests forms filed prior to Nomination Day in the register of interests at the Legislative Assembly.

However, the register of interests does not require candidates to list their government contracts that those businesses may be involved with. To ensure that the voters can easily identify and understand what government and public contracts those businesses have, and any potential conflict of interest a candidate would therefore face if elected, the Constitution requires all candidates to fully disclose those details in a public gazette.

Scotland said that it had recently been brought to his attention (despite wide publication of the fact at the beginning of the year by the Elections Office)  that he was also required to gazette his contracts with the government, under section 19 (g) of the Cayman Islands constitution, but said that his road paving company is widely known to have government contracts and further pointed out that this information was already in the public domain as all government contracts are a matter of public record.

“The short delay in meeting the technical requirements of section 19 of the Constitution was an honest oversight rather than any intent to conceal all such interests, as can be seen from my Declaration of Interests,” Scotland added.  “In order to ensure that there is no doubt as to what contracts with the government are held by any company in which I am a director or manager I havemade the necessary arrangements to ensure that they are published at the earliest opportunity in an extraordinary gazette.”

He said he had been advised that the late gazetting of the contracts does not impact his ability to stand as a candidate and to contest the May 2009 General Elections. The Constitution, however, states otherwise.  “No person shall be qualified to be elected as a member of the Assembly who…. is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government of the Islands for or on account of the public service and has not, in the case of a contested election, caused to be published, at least one month before the day of the poll, a Government Notice setting out the nature of such contract and his interest, or the interest of any such firm or company,….”

While the Governor’s Office seem to have agreed to the publication of the late gazette, Alan Drury, of the Governor’s Office, confirmed to  CNS last week that the Constitution would not be suspended.

Therefore, if it is not to be suspended in according with the constitution the two candidates remain in breach of it and remian constitutionally disqualified. Moreover, even if the candidates continue on to Election Day without facing a challenge from other candidates or registered voters, who are also entitled to challenge their qualification according to the constitution, it is very likely that other candidates in Bodden Town will challenge either one if they were to poll enough votes to gain a seat.  

Seymour noted that it is possible that there are other candidates unaware of this separate requirement in the Constitution, thinking that once they had completed and filed their declaration of interest form they had complied with all requirements.  He also said that he has no contracts with the government, although it is with the nationally (i.e. government) owned airline. “I have a contract with Cayman Airways that I will publicly gazette out of an over abundance of caution.” explained Seymour.

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Category: Election 2009

Comments (118)

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  1. TEAM CAYMAN says:

    I’m feeling you on that one Twyla Mae, once you got TEAM CAYMAN on your side, trust me you will never go wrong!  

  2. Twyla M Vargas says:

    I JUST CANNOT TRUST THEM

    You got time to spare, then read this and learn the truth.

    You know something I do not like with  some of these politicians, most of them cannot be trusted.    They look you right in the eyeball and lie to their teeth.  I have felt the blow of this especially with the PPM Team.   They refused to spend money on residential areas, allowing mas flooding.  Allowed rich and famous persons to build with out proper planning regulations and guide lines adhered to.      Take for instance the Cumber area, which has tuned into a live river.  I fell sorry for the residents in back of Midland Acres and back of look out out and the savannah gulley.    

    They just turned dead sea salt against everyone whom they suspected did not vote for them in 2005.   Especially in the Bodden Town district.   You would  meet with them in the MLA Office at Rankine square, discuss issues affecting the district and they would look you straight in the eye making promises and blaming each other.  Dear God, I dont know  how they could have kept up the pretense  day arter day for so long,of not knowing anything about anything at all.  NOW TWO WEEKS BEFORE ELECTION THEY WANT TO PILE EVERY THING IN ONE BASKET.  Do they think we are Idiots and blind too.

    I am going to let it all out NOW, and I really dont care what anyone have to comment.  I can back up everyword I say, and anyone who is not happy with my comments, I invite them to be brave sign their name and BRING IT ON.    Beside that I have a plan for all the Anonymous who think they can personally attack me.  BRING IT ON.

    Much talk and promises were made about issues in the District of Bodden Town, Savannah gulley neglected, Down in the back of Country Side village still look like hurricane is passing.  Breakers neglected, Midland acres neglected, cumber crisis neglected, manse road the same way after Hurricane Ivan left to loook like mount trashmore.  The Harry McCoy Park, turned into drug hang out.  Road ways overgrown with bush.   Some marlhurriedly thrown on the road in the area of  back road in midland acres.  Ground breaking two weeks before election for coewood beach.   Old clinic neglect, and left to rot down.  Bodden Town Library not in full operation. No boat ramp and so much more too numerous to add.   WHY, because they did not care one S— about this  Bodden Town,  The residents of this district must be all sleeping from Hurricane Ivan, that they cannot see what has taken place.   But too many of these people are what I call LICKY LICKY, accepting 25.00 and 50.00 dollars, stove fridge and matress for votes.  ITS CHEAP.   

    I really do not care who do not want to talk to me because of me telling it like it is, but HE WHO SEES  IT KNOWS.  And I am seeing it and feeling it every day.  I  am ready to talk with anyone who want to make a difference in this district because I have hollered, rolled over and beat my chest for years seeking better for this district.  That is the reason why they  PPM have put up a stone wall  in front of my face holding me down. 

    Well that wall  "GOING GET TEAR DOWN ON MAY 20TH"  They might as well jJOIN me because I do not give up easy.  Some of their croonies are asking ‘WHO IS THAT WOMAN TWYLA VARGAS’   Well to love me is to know me, if you dont know me you cannot love me.  It is simple as that.  Cool woman.

    I AM STANDING FIRM FOR INDEPENDENT CANDIDATES.  Because I have had promises too from UDP and they dragg  and dragg them foot right up to 2005.   I am going to give someone else a chance.    I am going to give that TOURCH TO THERESA PITCARIN LEWIS  #6.  A WOMAN WITH A VISION, A WOMAN WE CAN TRUST.

    It is not today I know Theresa, that is why I can afford to trust her.   I am a voice, and not afraid to speak the truth, those who know me know this is a fact.   

    THERESA PITCARIN LEWIS will listen to you, she will not make promises that she canot keep and best of all she is a woman you can trust.

    VOTE FOR THERESA PITCARIN LEWIS #6. AND DONT MISS.   Blessed

  3. TEAM CAYMAN says:

    Dont you all know that I know this is not about Twyla Mae!  It’s all a fact to do with principles and morals.  We all as Caymanians were not raised like this and if our ancestors were to see us now may they all R.I.P!  They would had knock each and everyone of us out!  Look!  For example,  At poor Vincent how you all has talked so badly about him by calling him racist  and other horrible names!  You all grew up with Vincent and his family and you all know as a true fact that their is not one racist bit of bone in their family!  Look at how your calling out names like Joke Joke, trust me I know who you all are trying to refer to, and trust me, John John is also someone we all grew up with as a respected  family and friends.  All I was saying if you do not have anything nice to say about any of these canidates pls dont say anything at all…kind words can get you a very far way….You all can choose to vote for who-ever you all want to but pls dont foget where you came from!  Now lets get back to talking about  the constitution.

  4. Nicky Watson says:

    To: Team Cayman a new sherriff is in town

    Please could you post without the caps lock on. Thanks

  5. Mind Your Business says:

    What I find intruiging about this is that there now seems to be a gradual shift towards trying to get Mr. Seymour out of the deep water with the Statutory Authority argument. I can’t help but wonder if this is setting up for a valiant effort by the Party to save one seat if they can convince the voters who were most likely going to elect Mr. Scotland to vote for the other candidate who probably wasn’t going to be elected otherwise? Only time will tell.

    Also, it would likely be political suicide for any other other candidates to issue a legal challenge prior to the election taking place, so I wouldn’t expect to see one coming from any of them

    • Anonymous says:

      Mind Your Business,

      The suggestion that "Government" in the Constitution does not include statutory authorities has very little merit. First, remember that this is basically a 1972 document and the term needs to be understood in that context. In 1972 every function that is now performed by a statutory authority was performed directly by a department of Government. A statutory authority is simply an arm of government which is established and funded by government and to which certain public functions have been delegated.  In particular the functions of the NRA until a few years ago used to be performed directly by the Public Works Department. It cannot be the case that each time a statutory authority is created the definition of "Government" in the Constitution shrinks. It would make no sense that if you had a contract with government to pave roads in 1976 it was required to be declared, but in 2009 a contract with the NRA (acting on behalf) to do the same would not require to be declared.  There is a reason why the Public Accounts Committee of the LA (of which these candidates may be a part) is required to review not simply accounts of Government departments but also of statutory authorities and government companies. 

      The reality of this is reflected in the modernized draft Constitution which defines public official as including "a public or governmental body, including any statutory body or company or association in which the Cayman Islands has an interest and which performs a public function or duty" and defines senior position in the public service to mean head of department or head of a statutory authority or Government-owned company. 

      If Messrs. Scotland and Seymour have received or are receiving legal advice to the effect that "Government" does not include statutory authorities and government-owned companies then they are being poorly advised.    

  6. Anonymous says:

    We are in the year 2009 not in 1989! A lot has changed since then. It doesn’t matter if you know  someone for years or if they are your friend as the deciding factor needs to be if someone is able to to do their job well and represent Cayman and Caymanians in the rest of the world accordingly. In my opinion, someone who fails to follow simple regulations set out for all candidates and has even received reminders to follow these rules is not suitable to represent me or the Cayman Islands anywhere else! Apparently, the responsibillity is not taken serioiusly enough. Furthermore, I believe that no elected member should be allowed to run their business on the side whilst in office as it obviously take time and attention away from what they are focusing on. Yes I know this has always been the case in the past and is the case now, but I still think it is wrong and needs to be changed.

  7. Anonymous says:

    This is not about Twyla – let’s focus on the constitutional issue here.

  8. Anonymous says:

    No Mark cannot think for himself and that’s why he sticks to FUTBOL – makes it real easy. 

  9. TEAM CAYMAN says:

    With no dis-respect to anyone on this panel, but I have been reading through the lines and to me Twyla Mae, you seemed to be the only sensible one!  It’s a crying shame and disgrace that we as Bodden Towners are all family and friends!  Is this how you treat your own fellow Caymanians?  I know John John and Mark and Vincent and Theresa and Sandra and Ossy and many more canidates for years and they are all wonderful people!  Our ancestors are turning over in their graves right now, looking down at us in SHAME!!!! 

    What really gets to me is that you all can hide behind your computers and say these awful things and then you will look John John and Vincent and Mark, Theresa and Ossy and Sandra and many more canidates in their faces, and talk to them nicely like if though your their greatest friend on this earth!  Yet! You are their worst enemies!!!!  When you were the same ones bringing them all down!!!!  That’s what you call JUDAS WHO BETRAYED CHRIST!!!!  You drink out the same cups! You dance with them!  You eat with them!  You should all be ashamed of yourselves!!!!

    TWYLA MAE HAS SPOKEN TO US ALL DONE ABOUT OUR BEHAVIOUR AND YOU ALL SHOULD TAKE THIS INTO CONSIDERATION AND TAKE HEED!  RESPECT YOURSELVES AND EACH OTHER!!!

  10. Anonymous says:

    As with all UDP members Mark is reading from the manifesto/script!

  11. Anonymous says:

    from the compass:

    Cabinet Ministers Kurt Tibbetts, Alden McLaughlin and Arden McLean and PPM North Side candidate Joey Ebanks were almost a month late in detailing their interests, not doing so until 21 April.

    Mr. McLaughlin said the PPM candidates simply forgot to update the register in the fury of the campaign. He acknowledged they had been reminded by a news story during Radio Cayman’s midday news on 21

    • Anonymous says:

      The register of interests is a different point. it has nothing to do with your qualification to be an MLA. There were also UDP candidates that failed to declare.  

  12. Twyla M Vargas says:

    DEBATE with BODDEN TOWN   CANDIDATES  – CHARLES AND MARK.

    Now, I am going to be very honest as usual in my comments in respect of the debate, concerning both candidates……….."So grab a bag of pop corn, a pepsi and settle down to read.

    Right now I am concerned only with questions asked relative to the BODDEN TOWN district.   That is their cup of tea.   In respect to the question posed to Charles and Mark, regarding "In reviewing the PPM Tenure  of the Bodden Town District, and to comment on their accomplishments" Too much evasion.  No direct answer to the question.

    I am not sorry to say, but the question was not answered how I would have expected, however on the other hand, what could they have said beside "Nothing has been done"

    I am trully not aware of any accomplishments done  by the PPM in the Bodden Town district, especially on the Go East Plan.   To Mark there was also much evasion to answer the question.  What could be said  to the positive?  Nothing!!!!!    Now again   I am going to be very frank in saying that when a persons has run  before for a seat in this district and did not make it.  What did they do for the past 4 years, except sit down on their A—fold their hands and wait for another four years to come, not even talking to the people who did not support them.  .   It is not fair to the people of this district,  no more than it is not fair that those who are in there and did absolutely nothing also.

    I feel that all candidates who have been elected to office, and those who have atempted to be elected should have been  in a position of making positive comments saying I assisted with this or that in four years, although I was not elected.  PPM did absolutely nothing, UDP past  candidates could have certainly did  more.   Those who ran and failed, should have done something except sat and folded their arms, waiting for 4 years.  NOT GOOD ENOUGH..

    The Go East Plan is a little bit too late,   Time is up, Interest lost  by the residents who would have beeen involved.  Most residents  do not want a strip mall on the Public Beach, or a Launch Ramp.  What will happen to the beach, where will we bathe.   No, No, No, it cannot work.  Beside it will encourage more loitering on the public beach.  Not the right spot.

    NOW AFTER READING ALL OF THIS, your bag of popcorn  and pepsi should have finished.

    IT is time for the people of Bodden Town to Decide.   PPM had their chance and did nothing about it.   Now let us focus on New Independent Candidates for the district.   WE SHOULD CHOOSE CANDIDATES WHOM WE CAN TRUST.   Not who we feel we do not like.   In closing I want to say "CHOOSE WISELY"  You will have to live it for another 4 years.

    I STAND FIRM FOR THERESA  LEWIS PITCARIN, A WOMAN WE CAN TRUST, A WOMAN WITH A VISION.

  13. Caymanian to the bone. says:

    Frankly speaking, if I was Mckeeva, I would be courting one or two of the independents candidates now.

    Both Mark and Dwayne are “burnt toast” in Bodden Town and their bread dosen’t even hold butter anymore.

    From all the post’s that I have read on this ongoing saga, the majority of the people are in favour of Mark and Dwayne bowing out. However, at the end of the day, a court will decide on Mark only, as Dwayne is going nowhere.

    For sure, this will be one of the most important/interesting Elections in the Cayman Islands history, not to mention the first time voters will have the opportunity to accept the proposed Constitution or not. I was too young in 1972, to remember if the public voted on the present one or was it just accepted by the parlamentarians back then ???????

    Vote “Yes” to accept the proposed Constitution.

    • Anonymous says:

      As the saying goes "It’s not over until the fat lady sings" and she is due to sing on May 20th,  So Mark And Dwayne keep your heads high and looking ahead!!!.

      • Anonymous says:

        Actually, it may not be over on 20th May. Wait until 21 days after 20th May and we will see whether she has sung.    

  14. Anonymous says:

    “If the specific wording/quote of the 1972 Constitution is correct to the “T”

    As the writer of this comment says let us get the new Draft Constitution “correct to the “T”.

    Come on, what is the rush for this “Half Loaf Constitution”, take time. We have been kept in the dark while it was discussed in secret with the agreement of all MLA, and the participating NGO’s.

    Vote NO on the Draft Constitution, let us ensure we get the wording right and understandable so that all of these details are worked out in simple clear straight forward language so the people can understand what it says and not some twisted lawyer’s interpretation.

    Vote NO on the Draft Constitution, the UK will not “Force” constitution as some politicians are saying – that is CONSTITUTIONAL BLACKMAIL and BLACKMAIL IS A CRIME.

    DO NOT BE BLACKMAILED – VOTE NO!

    • Anonymous says:

      To: Anonymous (not verified) on Mon, 04/27/2009 – 22:55.

      You are obviously part of the gay rights brigade and do not want the Constitution because it doesn’t open the doors to all of that. Your purpose is to trick the people to vote against the draft Constitution so the UK can impose a Bill of Rights in which we have had no input and will cater to gay rights. Don’t be fooled my fellow Caymanians. The draft Constitution is fundamentally sound. VOTE FOR IT.

  15. Super Mario's Brother says:

    I am lawyer, you is lawyer, we is all lawyers.  The Constitution did not define month as an Earth month.  Other planets have different month periods.  These candidates would be OK on those planets.  As the posters this afternoon appear to be on a different planet, their points may have more force than we think. Nanoo nanoo.

  16. Caymaniam says:

    If I was a member of the PPM, I would be delighted if the two ineligible (as defined by the constitution), candidates from the PPM would continue to run! What better way to ensure that anti-government votes are wasted?

  17. Anonymous says:

    Let’s be realistic here… ’cause to be published"

    Does Mark or Dwayne own a publishing company?  Do we really know at what date was their information received to be published?  For arguments sake, let’s say it was April 4, that they submitted their information, who has control over when a gazette can be printed and pubished?  Can GIS on its own receive declarations from candidates and go ahead and print a gazette?  Isn’t the government/cabinet/governor of the day responsible for authorizing such? Which party is government of the day?

    Just some food for thought!!!!

    • Anonymous says:

      To: Submitted by Anonymous (not verified) on Mon, 04/27/2009 – 20:05

      The Gazettes have deadlines for submission for the Ordinary Gazette publication dates. The candidates must make their submissions to the Gazette accordingly. Obviously, Mark has admitted that he made no such submission until after the deadline has passed. There really is no point in trying to make a desperate argument on his behalf. 

  18. Shamrock says:

    It concerns me that the Attorney General and/or the Governor has not issued an official statement as yet. I know and admire both Mark and John John and personally I think they are fine examples of Caymanian men, both being successful and known to be family men with integrity. But my greater concern is the seemingly lack of regard for the Constitution, the highest Law of the land, and the fact that the powers that be don’t feel it necessary to explain why a late gazette was allowed and whether or not its late publication enables these two candidates to be eligible for public office.

    With all that is being said about voting on the new constituion, this matter inclines me to not bother to vote on it on May 20th as it appears that the Constitution, new or old, does not hold much water.

    • Anonymous says:

      You have a choice Ol pal. Vote or don’t vote. It appears that you’re so overwhelmed with the Mark and John issue rather than focusing on the draft Constitution itself. Hhmmmm…I wonder how much of the Constitution that you have read and understood? Relatively speaking you seem only to have read the point on the proposed Electorates. Trust me there is alot more coverage. Go figure………………………..

      • Anonymous says:

        Listening to Mr. Clifford and Mr. Scotland debate on Rooster sounds like Mr. Scotland is  reading his answers from a script. Mark Scotland is no match for Charles Clifford. GO PPM.

        • Anonymous says:

          Clifford has failed us. Pure and simple. There is simply no excuse for the Cayman Islands to have fallen so hard and so fast in relation to the other destinations in the region. Mark was on message during the program, and personally, held more weight with me,  since I believe he is of strong character. Clifford is chock full of excuses, not plans or solutions.

          • Anonymous says:

            Clifford has failed us- did you really  listen to the debate? It was obvious to the listening ear that Mark was reading most of his answers from a script/manifesto. Can he not  even think for himself?

        • Anonymous says:

          This is not about  who is no match for who, this is about us as a people. Can Mark, nor Charles get the job done?, then vote for you believe can get it done and stop putting the other down. We are all Caymanians for God sake!!!.

  19. Anonymous says:

    Both of the parties would be more appealing if they had changed their leaders.

    Mark Scotland should have been the leader of UDP. Here’s why.

    CG is a joke and Rollie is too power hungry. Mac is tired. Ellio is even more arrogant than Alden. Perlina is too green (inexperienced) and Jonathan is too purple with envy (a backstabber) 

    The Action Man Arden should be the leader of the PPM. Kurt tired. Alden is arrogance personified.

  20. Iron Wood says:

    Would you all stop using the "Anonymous" options please. Use some nick names or your real name your mama and daddy gave ya. I going by Iron Wood (Know that Caymanian hard "Wood"?).

    Iron Wood

  21. Reprehensible says:

    Suddenly the people who raise objections to the eligibility of these candidates are "these PPM and other evil minded people".  Well I am not a PPM supporter and I hope I am not evil.  I just like to see the law upheld and complied with in this country.  The law is there for reasons of transparency and to allow voters to decide on a fully informed basis.  The fact that these two candidates did not comply with the law in order to be eligible to be elected (and there really has not been a single credible argument made that they have any prospects of being eligible) may be unfortunate.  The fact that they have not been honourable and accepted their mistakes, and the fact that their party has squirmed and spun, and refused to accept there has been a mistake, even if it undermines the law and the constitution, is not unfortunate, it is reprehensible.

    • Anonymous says:

      Reprehensible indeed. The UDP seem to be trampling on our Consitution. Do they hold anything sacred?

  22. Anonymous says:

    The Governor, AG and Supervisor of Elections have a responsibility to address this situation without further delay and before it gets any closer to Election Day.

    I hope they appreciate the very difficult position that they will be putting their Bodden Town Returning Officer in if they fail in their responsibility to act now and either of these two candidates get enough votes to win a seat. What will their Returning Officer do then ? He cannot lawfully return a candidate who is disqualified from holding that office. So what then ? Those votes that would have been cast for Mark and Dwayne would have to be disregarded. So what then ? The Returning Officer can only then lawfully return the person with the next largest number of votes.

    This would cause an uproar in the Bodden Town District. Is the Governor, AG and Supervisor really willing to risk that…..or will they discharge their responsibility and act now in accordance with the Cayman Islands Constitution Order, 1972, as amended, to bring clarity to this situation and let the Bodden Town voters know  where they stand with respect to these two candidates ?

    We should see shortly !

    • Anonymous says:

      Judging by the caps, exclamation marks and denunciations of everyone else as evil the UDP is panicked out of their minds on this one.  Steady on, guys. Don’t lose your minds over this.

  23. Anonymous says:

    Jim Bodden would not have been the subject of permanent presence in George Town and the Cayman Islands if he did have the fortitude to defy the concerted attempt to extinguish him in the embryonic stage of his political life.

    John and Mark will show their  political metal by not being bullied by  the eagerness of some in the race, who are far behind the ticker. Their are legal nuances which any side would play out if they walked in those uncertain shoes. At the same time,  tt would be fool hardy of  embattled incumbents not to "juck Harry where him shirt tear", scare them out like "Survivor".

    Conversely, voters have a right to examine candidate character by every mechanism of measurement they so choose.  The oversight suggested by the cadidates in question, may be an indicator of an overwhelemed and preoccuppied future representatives. 

    It would be more in voters favour to have all the horses saddled and in the race. 

     

     

    • Anonymous says:

      My projection for may 20

      WB-Mckeva,Anglin,Glidden and Bernie

      GT-Ellio,Adam,Burns and Kurt

      BT-Mark,John John and Gilbert

      NS-Ezzard Miller

      EE-Arden Mclean

      SI-Julliana and Moses

      Good Luck

      • Anonymous says:

        To: Anonymous (not verified) on Mon, 04/27/2009 – 18:02.

        I think your projections are a bit off:

        WB: We are agreed.

        GT: Kurt, Ellio, Alden, Mike

        BT: Mark, Anthony, Ossie, Sandra (neither Gilbert nor John John have a chance).

        NS: Ezzard/Joey

        EE: Arden

        CB: Moses, Juliana

        • Anonymous says:

          A recount or bye bye please……on the latest prediction…. Makes me wonder …are you that qualified to determine whom the next candidates are? Don’t tell me you have supernatural powers now.

      • Anonymous says:

        If you get Burns Conolly in GT, Ezzard Miller in North Side, Bernie Bush in West Bay and Theresa Lewis Pitcairn in Bodden Town, along with Mac, Rolston and Cline in West Bay and Julianna O’Connor Conolly in Cayman Brac guess what you have? A UDP Government. No secrets there! Scary!

        • Anonymous says:

          It’s blatantly obvious that supporters and members alike of the UDP and PPM parties have nothing else better to do, but to engage in petty talk about INDEPENDENT candidates. Whoa……INDEPENDENTS do poise a threat, huh? !!! WHY? Simple. They don’t engage in the RHEORTIC of what PARTY politics stands for, let alone the division that it brings amongst our people!

          Now, we can all move forward, by voting for INDEPENDENTS only.

          Food for thought….should ALL Independents WIN it would really be interesting what the UDP and PPM camps cough up as their new view of Independents!

          Gotta come solid…UDP and PPM. Independents aren’t joking. They’ve done their research and trust me their not for SELF but for the PEOPLE!

      • Anonymous says:

        Definitely not a BT or BODDEN TOWN voter. You must have been extremely tired when you were tallying your votes!!!! or you were distracted by the 8 toe BER NANCY….

        Recount or bye bye…..

  24. Anonymous says:

    Bodden Towners will challenge or contest if these two indiviudals get elected. Don’t be fooled..

    John is my friend..and I would say to him step down and stay as far as he could from the UDP.. They have absolutely no repect for him.. It shows that they were simply using him.

     GOOD LUCK!!!

  25. Anonymous says:

    How funny, the picture above looks like they are all behind bars……

  26. Anonymous says:

    CNS:

    Theresa is a "declared" independent candidate………..go figure!

  27. Dennie Warren Jr. says:
    Mr. Mario Rankin,
     
    Mr. Scotland and Mr. Seymour is disqualified to "be elected".  In other words, Electors (voters) should not waste their vote on persons who are constitutionally disqualified.
     
    Please consider that section 1(3) of The Cayman Islands (Constitution) Order 1972 as Amended which reads, “The Interpretation Act 1889 shall apply with the necessary adaptations for the purpose of interpreting and otherwise in relation to this Order as it applies for the purpose of interpreting and in relation to an Act of Parliament.” 
     
    "SCHEDULE 1 of the InterpretationAct 1978 c.30 says “Month” means calendar month. [Since 1850]"

    Therefore, a “calendar month” means 30 days (thirty contiguous 24-hour periods)

    Section 19(1)(g) of The Cayman Islands (Constitution) Order 1972 as Amended reads, “No person shall be qualified to be elected as a member of the Assembly who is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government of the Islands for or on account of the public service and has not, in the case of a contested election, caused to be published, at least one month before the day of the poll, a Government Notice setting out the nature of such contract and his interest, or the interest of any such firm or company, therein"
     
    Mr. Scotland and Mr. Seymour should step down now for the sake of the Cayman Islands.
  28. Disappointed, but hopeful says:

    To say that Cayman is small and we all knew about Mark’s and Dwayne’s business contracts with the Government is ridiculous.  Maybe Mark’s and Dwayne’s family, business associates, friends and acquaintances knew about it but I don’t know either or them to speak to and didn’t know about Dwayne having the contract with Cayman Airways. 

    The whole point of declaring interests as required by our Country’s constitution is to notify the public in general.  So don’t say that because we’re a small island we’d know everyone else’s business!  It’s a ridiculous situation.  They should have known better and now that they didn’t, they should do the right thing, acknowledge their silly mistakes and withdraw as candidates. 

    In the end, this is only going to cost our Country more money *IF* they win one or two seats in the elections.  And *IF* they truly have our Country’s best interest at heart, they’d do the right thing – but I know that’s hard for UDP.  Even if Mark and/or Dwayne wanted to drop out, from their own conscience, I’m sure big Mac would be hollering and screaming.  As the ‘ring-leader’ for the group, what he says, goes — UDP’ers unfortunately don’t contest what Big Mac says – whether because they’re ‘scared’ of him or he has some unethical sort of power over them like he’s the best, the one and only (and he’s NOT).  It’s like they don’t have a say on their own – reading written responses and being puppets for what he will have told them to say.  Such a shame.   Some smart people making some bad choices with UDP.

    • Anonymous says:

      Sadly to say we do have a bunch of grudgeful minded and envious set of people to say the least amongst us. What do we say to those who feel so anxious to discriminate and incarcerate our very own? Shame on you! Again writings of this nature reflects back on our very own CAYMANIAN people. Why I say that because the FOREIGNERS….. as we claim that is such a threat to us……… are also the ones that is now taking a back seat and laughing at how STUPID some of us is. It is blatantly clear we’re just like CRABS in a barrel.

      Bodden Towners we have lived with these MEN in our midst all of our lives. I say GIVE them a chance and to HELL with the rest!!!!…………Let’s stand UNITED this time around….

       

  29. Caymanian to the bone. says:

     I need an answer and I need it now PLEASE PLEASE !!!!!!!!!

    Candidates of Bodden Town other that Mark and Dwayne, can you please contact CNS (Wendy Ledger or Nicki Watson) and tell them if you plan to contest Mark and Dwayne in a court of law, if if any or both of them are declared winners in the Bodden Town election.

    ANTHONY EDEN, THERESA LEWIS, CHARLES CLIFFORD, OSBOURNE BODDEN, SANDRA CATRON, VINCENT FREDERICK, GILBERT MCLEAN, please call, you have that responsibility to the Bodden Town electorate. SO LETS SEE IF YOU ALL ARE AS BRAVE AND YOU SAY YOUARE AND THE LEADERS THAT YOU CLAIM YOU ARE OR CAN BE. !!!!!!!!!!!

    PLEASE, HAVE THE BACKBONE TO CALL CNS IMMEDIATELY SO THAT THE BODDEN TOWN VOTERS CAN MAKE AN INFORMED DECISION AT THE POLLS.

    CNS, SHOULD THESE CANDIDATES NOT CALL YOU, I BELIEVE YOU HAVE SOME RESPONSIBILITY TO SEEK OUT THESE CANDIDATES OUT AND REPORT BACK ON THIS  MATTER OF NATIONAL IMPORTANCE.

    CNS,THERE IS NO NEED TO MENTION WHO SAID WHO, JUST LET US KNOW WHAT THE POSTION IS, "TO BE CONTESTED OR NOT TO BE CONTESTED" INCLUDING THE NUMBERS. WE NEED THIS INFORMATION BEFORE MAY 20TH, DON"T YOU THINK ?????

    LOVE YOU AND RESPECT YOU (CNS) CAYMAN NEWS SERVICE, THE # 1 NEWS MEDIA FOR THE CAYMAN ISLANDS.

    • Anonymous says:

      Your is answer is NO!!! NO!!!! NO!!!! Bodden Towners will not contest Mark or John’s standing in this General Election. They are two HONEST Bodden Town young men who if given a fair chance will represent us VERY well. What’s wrong with you reader? Aren’t you ashame of yourself? Do you not have children of your own why you’re so hell bent on getting our CAYMANIAN MEN dragged through the mud? SHAME! SHAME! SHAME! on you. Please remember if you do have children when you’re wishing others the worst in life REMEMBER them too!…………….

      • Anonymous says:

        Dear Shame, Shame, Shame,

        Shame on you for wanting to trample the Constitution underfoot. It applies to everyone – even Mark and John John.

      • Anonymous says:

        To All the concerned Bodden Town voters……….Mark and Dwayne are NOT disqualified, so if you are planning to vote for them you still CAN and SHOULD!!!!!  Do not let these PPM and other evil minded people tell you otherwise!

        Unless Kearney Gomez, the Attorney General or the Governor tell you otherwise, Mark and Dwayne are STILL ELIGIBLE!!!!!!!!!!!!!!!!!!!!!!!!!

        Good Luck guys, we know you’ll make it!!!!!!!!!!!!

        • Anonymous says:

          Wasn’t Theresan Lewis Pitcairn a high ranking member/advisor of the UDP?

  30. Anonymous says:

    Well Well…………….wonder who is "asleep at the wheel" now. Four (4) lawyers within the UDP party (including Theresa & the co-chair lady) PLUS a leader of 24 years!! ……….surely they should have "woken up" and communicated this very , very, very  important requirement to their "students" a long time ago. What a bunch!

    CNS: Theresa Pitcairn is an independent candidate.

     

    • Anonymous says:

      Contrary to what has been said Mrs McGaw Lumsden is not an Attorney/Lawyer! A postgraduate degree in law does not qualify someone as an attorney. In order to qualify as an attorney/lawyer in the Cayman Islands one would need to have taken and passed professional qualification course and exams, completed 18 months of Articles and be called to the bar. She is no more qualified as a lawyer than Sandra Catron. Whether it is the media’s fault for representing her as a lawyer/attorney i don’t know, what concerns me is that she has not saught to clarify the mistake.  Whilst she is highly educated, she is not a lawyer and continued the misrepresentation says something!!! . Check the Rolls(list of qualified attorneys in the Cayman Islands) available on Gov.ky for confirmation.

    • Anonymous says:

      In support of Theresa being an Independent candidate….she’s also VERY VERY QUALIFIED for the job! Go figure…….and if you don’t get it TRY writing again. I’ll EXPLAIN further…..

    • Twyla M Vargas says:

      Reply to WELL:

      Theresa Pitcairn Lewis is an independent Candidate, in the district of Bodden Town.

      Please Listen carefully,  and read between these lines.                 THERE IS a little Independent 8 FINGER BER-NANCY who is writing, answering and setting up PPM candidates against the UDP and Independent Candidates.  Smart little sucker…………………………………………………………….

      This little 8 finger BER_NANCY does absolutely nothing but spread their eight toes over a computer, 24 hours a day causing strife.  Answering, writing, and building smart alec comments on the News Service under ANONYMOUS; with only one intention in mind, that is to cause hate, strife, uneasy feelings and doubt, even stress in the minds of every one.   In so doing members of UDP is thinking that members of PPM is making these remarks.  Every one is being set up in a stragetic way by a very smart little 8 finger Ber-Nancy Spider, who is causing havoc. 

      I know everyone wants to win, but please stop and pay attention to some of these comments.   You will wonder well, none of us didnt say that and wonder who did>   ITS GETTING VERY DIRTY NOW.  And unless we stop and consider the hate comments which are being made under Anonymous, we will never realize that you all are being programmed to despise and hate each other.   For pete,s sake, does everyone realize that  there is no where for us to go, We can be pumping gas at one tank and look across and see our neighbour at the other; so what do we do next.  Turn our head away and frown.   We can be checking out at the supermarket counter, and your neighbour is in front of you, what are you going to do, go to another cashier. 

      You know something, I am going to be very frank.   If I do not support JOHN BROWN that is my business,  and if you do not support JOHN BROWN, that is your business.  But for Pete,s sakewe do not have to hate each other because of these Candidates.   They are the ones who are making the big salary every month, and unless you are their wife or husband who will collect half, then know how far to go.  No one is putting bread on my table or giving me money, fridge stove or bed.   I consider myself  smart and intelligent, and I have too much class to ask a candidate to pay me to vote.  On the other hand, I am not going to die for them either.  

      I have been carefully monitoring certain comments of anonymous writers, and their habitual slang, which can be identified like a fingerprint, so to say this,  to say that, run your campaign , for the candidate of your  chhoice but at the same time watch out for that little BER_NANCY with the 8 toes.   and remember to vote for the  right woman for the Job THERESA PITCARIN LEWIS.  Blessed

      • Anonymous says:

        Ohh…Twyla we’re all getting to figure out who the "8 toe Ber Nancy" is! Good Job Twyla…afterall there is still enough SMART people around like yourself without a DEGREE, but have a lot of COMMON SENSE added to HUMOR!!! 

      • Anonymous says:

        Yep, Twyla I love your style. Tell it to the lil 8 finger BER_NANCY. Trust me you have made some interesting points in your writing. Enough said you could also actually assist John Grisham with a suspense too Twyla. Well done!!!!

        • Anonymous says:

          Twyla, you should have run with Theresa – you both are smark, intelligent, passionate, caring and approachable.  You would have gotten my vote.  Theresa for Bodden Town – let’s stop the lil 8 finger BER-NANCY – we should all know by now who she is………..

  31. anonymous says:

    Here  we go again they accept the candidates money with no check list? are we sure all 43 candidates are caymanian ?Does any of them  have a criminal record?  or may be a terriorist or communist ?? they have done nothing wrong . if they do not allow them to run bodden town distric will be a un demacratic process and voters should boycott the election  by not voting .

    • Anonymous says:

      Hampstead

      Ok; can anyone tell me if Hampstead is still in operation?

    • Anonymous says:

      At least 2 of the candidates in this election do have criminal records – one from GT and the other from the Brac – as both have been convicted since they were last in the House – as UDP members.

  32. Anonymous says:

    First of all I would like to offer my sympathies to Dwayne "John John" Seymour …..I hope its obvious to you now what the party system gives – all for one, not one for all! It is blantantly obvious that UDP only supports Mark Scotland and have made no mention of you while supporting him during this fiasco. How is it that the UDP with all the alledgedly experienced politicians that they have as members did not look out for ALL of their candidates by making sure that all requirements were complied with. Could it be that the only important candidates are those in West Bay? I would encourage both of the Bodden Town UDP candidates to show their respect to the constitution and bow out gracefully. After all this is the same constitution you’ll be swearing to uphold if elected.

     

     

      

  33. Anonymous says:

     

    I agree on not passing the Constitution as it is, because the electorate does not understand it. Even those running to represent us don’t understand it as the two UDP members were in breach of the Constitution when they failed to observe Section 19.
     
    This is in the CURRENT 1972 Constitution, which they are expected to uphold. How can the UDP expect us to give them significantly increased powers that they will gain under the new Constitution if they do not even understand the existing one and are willing to bend the rules contained in it?
    • Anonymous says:
      "I agree on not passing the Constitution as it is, because the electorate does not understand it. Even those running to represent us don’t understand it as the two UDP members were in breach of the Constitution when they failed to observe Section 19".
       
      You have defeated your own argument. The section 19 requirements relates to the current constitution. On the basis of your argument we should not have that constitution either. 
       
      It will never be the case that the majority of the electorate understand every aspect of the Constitution. They don’t understand every aspect of the current Constitution. What is important is that you understand key points about the Constitution.  The Constitutional Secretariat has done a great job educating the public about this. Why do not raise any queries you have with them rather than weeks before the referendum arbitrarily deciding that you don’t and won’t  understand it? What is it that you don’tunderstand exactly?      
  34. Anonymous says:

    I fail to understand how two individuals who want to be representatives along with the individual who wants to be our country’s leader, all positions that pass legislation that must be complied with, are now trying to bypass the highest law of the land.  Does this mean that the laws of this country apply only to some or can be altered to suit as circumstances dictate?  The constitutional requirement not only states that the gazette has to be published but published in a specific time frame in order for voters to have enough time to determine if they feel that the individuals decisions in office if elected might be compromised by their personal interest.  The Attorney General and or the Govenor should be defending the constitution by enforcing this section.  These two individuals are "not qualified to be elected" under the constitution. As they have shown that their personal ambition is higher on their agenda than defending the constitution, the Govenor should step in and disqualify them. 

    THEY ARE NO LONGER ELIGIBLE

    • Anonymous says:

      I agree with the ‘I fail to understand how two’ posting!  The Constitution applies equally to all. 

      The most troubling issue is that the Governor and Attorney General are not enforcing it equally.  They are showing preferential treatment to UDP candidates over how any other citizen would be treated.  This should make us all concerned as to how fair and just they really are and have been relative to previous UDP activity.  

      We may need to retain our PPM government as a checks and balance.  I’ll be voting PPM to preserve our belief in equal justice for all.

    • mario rankin says:

      Lets look at the facts, yes the interest was not submitted to the gazette on time, one month before election – the word month could mean a few different things (1) 4 weeks – 5 working days per week which would mean 20 days for that month or (2) 30 days including weekends:  Which one is it?  The constitution is not specific on which one it is, it only states one month.  Bottom line is, the reason for that section of the constitution is for all parties to declare their interest within a reasonable time before election which has been done.

      • Anonymous says:

        Mario,

        Please don’t embarrass yourself by trying to play lawyer. "At least one month" obviously does not mean "within reasonable time". Apart from being silly 20 working days will not help your candidate either, particularly as Monday 18th May is a public holiday, but even if it wasn’t. On no definition is publication on 24th April "at least one month" before 20th May.  There are rules of interpretation for this sort of thing of which you have no knowledge.   

        • Mario Rankin says:

          cheap shots at Mario now that’s embarrassing. why don’t you come out of the dark and stop hiding behind the word…. ANONYMOUS…. so people can see who you are because  that might be the real embarrassment…….if am guessing right you SILLY person you just lost the remote possibility of me   voting for you……aka lawyer that can’t  get a real JOB!!!! LETS STICK TO THE ISSUES AND STOP THE NAME CALLING

      • iam lawyer says:

        Good Point By Mario Rankin I agree 110% .I spoke with couple of my barristers friends and the look at the law and the came on the same conclusion as you Mario.

         

        Lets look at the facts, yes the interest was not submitted to the gazette on time, one month before election – the word month could mean a few different things (1) 4 weeks – 5 working days per week which would mean 20 days for that month or (2) 30 days including weekends:  Which one is it?  The constitution is not specific on which one it is, it only states one month. 

        Bottom line is, the reason for that section of the constitution is for all parties to declare their interest within a reasonable time before election which has been done.

        • Anonymous says:

          iam lawyer, you are clearly not a lawyer and did not speak to any "barrister friends". What Mario has said is simply nonsense which in any event does not help his candidate. My guess you are mario under a different sign in name.        

          • Mario Rankin says:

            let me be real clear for you………. (IAM) a lawyer….i do not write anything that i can’t put my name to….i think we all need to stop the bashing because we are all in this  together I AM a caymanian and want to see ALL caymanians live good.  so lets just express our views and opinions in a way that we do not become enemies we are already the minority in our own country so lets unite rather than be separated because of a difference of opinion..

            • Anonymous says:

              I agree!  We need to concentrate on the issues ahead.  Election, the constitution and all other issues concerning our country.

            • Anonymous says:

              Mario,

              oh yes this is my prayer..let us live as one people showing love and respect for one another not just when we’re face to face, but behind each others backs…learning how to disagree and still agree…I am working on it.

              Bless you all my fellow Caymanians and all people of these islands…Let peace rain!!!. 

  35. Anonymous says:

    Scary stuff – remember what happened the last time The Governor, The Attorney General and the UDP got together and tried to fix something?

    • Anonymous says:

      "Scary Stuff" how about a reminder as to what happened,  I personally can’t recall and maybe the voting public as a whole need to be reminded.

      • Anonymous says:

         

        "Scary stuff" was referring to the Cabinet Status Grants – as it seems they were a UDP/Attorney General/Governor fix – that may not have been allowed by law but the question was "grey". 

        The UDP decided to by-pass established Immigration procedures and provide status to mainly its friends, the AG said it was all perfectly lawful, and the Governor signed the certificates. 

        Given the CBA’s abandoning of its Judicial Review we will never know for sure – but the Chief Justice did acknowledge that there was at least an arguable case that something less than the ideal  may have happened – and the Caymanian voting public in the last election certainly agreed. 

        In this case there is no grey area – the constitution appears clear – so why anyone should bearranging for a special gazette as reported and that does not fix the problem – I do not know.

        When can we simply be a country of laws where everyone can just know where they stand and get on with their lives as best they can with fair rules that apply equally to everyone? This is not a political issue – it is a legal one – and the Governor’s office should just say so – so we can all just move on and not set ourselves up for political instability that may result if this is not dealt with immediately.

        • Anonymous says:

          Thanks for the reminder "Scary Stuff". BTW under which LOGB was the curret AG appointed?

          • anonymous says:

            Is this Attorney General or Auditor General?  You have to specify when talking about Government officers.  CO can either mean Chief Officer or Clerical Officer.  Looks like you can change jobs when you want. 

          • Anonymous says:

            Not sure – in any event the appointment is made by the Governor – but  he was granted Caymanian Status as part of the UDP grants fiasco.

            • Anonymous says:

              How can the AG have advised on the legality of grants if he received one himself? Surely that  is not right – whatever the legal position – is that not a conflict?

              • Anonymous says:

                "How can the AG have advised on the legality of grants if he received one himself? Surely that  is not right – whatever the legal position – is that not a conflict?"

                100% correct.

            • Anonymous says:

              UDP gets favors from AG

              This explains alot!  This time we see this being played out in the light of day.  The Governor (encouraged by the AG) giving special treatment to the UDP party.  I fear the power Mac and his gang would have if elected and serving with this Governor and AG. 

              Maybe we should be glad this event happened so we could see this loyalty that UDP bought with giving the AG Caymanian status before we made the mistake of putting UDP back in power.

              Voters wake up.  Vote PPM or Independent to preserve our country.

  36. Anonymous says:

    All these fancy arguments does not change the fact that they are not within the ambit of the constitution.

    Will someone hurry up and challenge this?

  37. Only For Caymanians says:

     

    Good advice to the Population…….

      Ladies and Gentlemen, whatever you do, dont be misled into "Voting Yes" for the Constitution as all there is in this Constitution is a "Power Grab" Yes a "Power Grab". All wanted by Kurt Tibbetts and McKeeva Bush the Power Grabbers. This IS and will be all executed in this Constitution, after they have told you now that  the Premier will be there but no powers…. is that  right?

       Now why would we have  a Premier without  powers?

        Do we need a Premier to run the Cayman Islands?

        Do we need a Premier to run the Cayman Islands that cant even run the Government as a Leader of Government Buisness?

        According to past experiences with this Government, there are great failures and wrong doings and lack of good governance all caused by both the PPM and the UDP which have all proven failures. So…. why now do we need these prestigious Premiers that will ONLY make matters  worst under their Powers to RULE over the Cayman Islands

    The Bill of Rights….  another document that will serve NO good effects on anything in the Cayman Islands other than homosexuality,  NOT Needed as anything that will bring about MORE good  governance or Representation…. Ladies and Gentlemen, PLease use good common sence and say NO to these documents as they are not designed to bring "Comfort" to the people.

    PPM and UDP….. Please see the last eight years in particular, and note that this Government has NOT run the Cayman Islands in NO GOOD  Governance, too many  lack of good governance from either side has generated too mush disasters in the Government and the Cayman Islands.

        I urge you as Caymanian Voters, take a Change of Government and Vote for NEW Canidates ONLY that will do the Cayman Islands and its People  in a Good governance a better running Cayman Islands.  Do not make your Vote be wasted in the Previous Government, UDP nor PPM present Government..

    Only For Caymanians

    • Anonymous says:

      Let it be known that ONLY FOR CAYMANIAN is not speaking for ALL CAYMANIANS.

  38. Anonymous says:

    The photo is biased? LOL … so CNS set up the photo? Oh come on …. who will you blame next? Please don’t log on again – do us all a favor.

    • Anonymous says:

      The Camera only takes what it sees. The candidates put themselves in that position so don’t blame CNS. Typical UDP – blame someone else.

  39. TEAM CAYMAN says:

    Twyla Mae, you know something?  That’s reasons why I have so many love and respect for you!  When you say something about anyone, at least you put your name by it, it takes a real woman to do that and to show them what kind of person you really are.   I do admire you and commend you for that, you are by no doubt a very smart & intelligent,very well outspoken, extremly educated woman and you can run a great campaigne.  You are by no doubt the Mayor of Bodden Town and if we could have made you President, let me tell you something we would!  Lets hope you run in 2013, think about it!  Trust me you will win, for Bodden Town really needed someone like you to run for them and get this Country going!

    John John and Mark I’m truly sorry to hear about what has really happen to you!   John John you especially,  you are such a good boy, pls do not let anyone change you, keep your heads up and know that we will stand and support you all through-out these hard  and enduring times.  Know that if you all dont make it through this time, there is always another time ok!   Be strong and stay positive.  Nowto all my Caymanian people, pls respect yourselves and each other.  Goodbye.

     

  40. Anonymous says:

    If the specific wording/quote of the 1972 Constitution is correct to the "T" as the CNS have printed it in the above captioned article, (no reason to believe otherwise) both Mark Scotland and Dwayne Seymour are relatively safe as candidates and if they are declared winners, which maybe challeged by a registered Bodden Town voter or a candidate, I believe they are still relatively safe at the end of the day in a court of law.

    Please note the specific wording in the 1972 Constitution which uses the following words "At least one month before the day of the poll" 

    I can clearly see a smart (QC) Queens Counsel lawyer well versed in Constitutional Law tearing and chipping away at this point, bearing in mind the word "at least one month" even though it continues to state, "before the poll". In legal arguements, interperatation of the law can be viewed in so many different ways, even the individual Law Lords of the Privy Council have different views on matters before them and this is why there is an odd number sitting at the bench. At the end of day, a vote is done which is in favour or against, which is final.

    If the wording of the constitution had not used the term "at least" but actually read "on or before a declared calender date prior to the poll" then I would say both Mark and Dwayne should bow out gracefully forthwith.

    Forgive me for being as technical as a lawyer, but if challenged, this will be argued from every point one can think possibly think of including the varing amount of days in each month, some having 28, 30, 31, and in a case of a leap year, a month having 29 days. It will also be argued as to the actual day the contractual interest’s were made available by the two candidates to GIS whether it was the same date of printing or the day before, bringing it in line with 3 days as opposed to 4 days. Please note the difference in amount of days each month has, as stated above. It will also be argued as to the contracts being "public knowledge" as a result of the "Public Tender’s Committee" whom awarded these contracts by way of public notices. The relatively small population and size of the Cayman Islands clearly knowing that both Mark and Dwayne have contracts with Government or it’s entities, specifically at the Airport being a public place and the roads of the Cayman Islands also being a public place. Declaration in the LA by the said two candidates as to their interests in these registered company’s (although not specific contracts are mentioned) and the time of the implementation/acceptance of the 1972 constitution, some 37 years ago, between our forefathers and the UK. Surely they would not have have foreseen public information such as the internet being available to most of the population to discuss anything and everything amongst family and friends, and most important of all, availablity to most registered voters of Bodden Town who are subjected to this unusual situation.

    I can only conclude by saying that while I believe this was an "honest mistake" by both candidates, I would describe it as a very careless mistake, bearing in mind that two other candidates made declarations of their interest’s in Government contracts as required by the Constitution, having probably seen the reminder through the Election Office or been advised to do so.

    What might also help Mark or Dwayne in this matter if challeged and judgement has to be made by a sitting Judge or Judges, this issue being such a big headline as it is, every reasonable and registered voter in the BT district by now or by the date of election, would have known the position of these two candidates. Therefore, if the voters voted him/them in as winners, it would not have compromised their beliefs when casting their ballots on election day. Had this not been detected by CNS and followed by other news media and voters had went to the polls unaware of this, this could be legally argued in favor of the contested party, whether a voter(s) or a candidate, after the fact. 

    This quote/wording in the constitution was written or agreed upon by our forefathers such as the late Willie Farrington, Warren Conolly, Rayal Bodden, Annie Huldah Bodden and others of the day back then, so that voters had the opportunity to know the interest and positions of candidates with Government before casting their ballots in an election.  

    While we have many serious issues facing the Cayman Islands at the moment, I would give this one the appropriate name, "FAILUREGATE"

    Vote "YES" in favour for the new Constitution, for greater autonomy and self determination for our own future and our children’s future. It’s not perfect and it will never be, so stop looking and waiting for it.  

    GOD BLESS.

     

     

    • Anonymous says:

      Dear anonymous,

      It is somewhat an overstatement to say that the candidates in default are "relatively safe" as it would be a matter for the courts to decide whether the constitutional time period was mandatory or directory and public policy considerations may be brought to bear. The difference does not lie between "at least" and "on or before" which have precisely the same meaning.

      The meaning of month is also a bit of a red herring as this will be governed by the UK Interpretation Act 1978 and means a calendar month. The date of publication is clearly the relevant date. Under no definition of month would the gazetted notices have been published within the required time limit.

  41. Anonymous says:

    OH pleeese. Da English said something? They also said Judge Henderson should have been arrested! How much did that cost us?  $1.3 MILLION!

    Their legal opinion doesnt stand a snowballs chance in hell! Of course they want styupid Caymanians in there! AGAIN! then they can laugh at us! HOW DARE THEY interfere with our elections? where under the Constitution DO THEY HAVE A SAY? Tell dem the political will of the people they would have servin dem drinks shall prevail! Mark u did nothin wrong keep runnin! DATS WHAT THEY DONT LIKE!

  42. Anonymous says:

    This occured once before in cayman’s history as well. this time i feel it is being made as more of an issue publicly because of the party system. i don’t think this was anything sinister. clearly this was a bad oversight. there are likely others in same boat as well.

  43. Anonymous says:

    How does UDP supporters feel now, they have been putting down PPM Candidates since the campaigne started.

     

    SO UDP I THINK THESE GUYS NEEDS TO GET OFF YOUR SHIP. THEY SHOULD HAVE GAZETTED THEIR JOBS LONG TIME, BUT NO THEY THOUGHT THEY COULD GET CROSS WITH OUT ANY PROBLEMS, BUT GUESS WHAT THEY CAN’T RUN WITH OUT THEY GAZETTEING THEIR BUSINESS. hahahah

  44. Twyla M Vargas says:

    BUZZ, BUZZ, BUZZ.

    What Now?  It seems like  maybe John and Mark, have some rough seas ahead,  if this is correct, it is time to jump  ship. 

    You better dont jump on that Poor People Motorboat,  or that BoPeep Dingy either.  I only see three cruise ships passing. 

    THE THERESA PRINCESS OF THE SEAS

    THE GILBERT CARNIVAL TRIUMPH

    THE VINCENT DISNEY LAND CRUISE

    Enjoy  a wonderful cruise.

    • Anonymous says:

      Twyla seems to have missed the point. Whichever group they are a part of they will have to satisfy the requirements of the Constitution.  There is no evading it.

  45. Anonymous says:

    The arrogance of the UDP candidates and their supporters is shocking.

    Oversight or not these men are constitutionally unqualified to run for public office. And the disappointing thing is that this is an oppurtunity for the leader of the opposition Mr. Bush and the other UDP candidates to step up and act like true statesmen by asking John and Mark to withdraw from the race.

    But NO! That is not Mackeeva’s style. He always has to have it his way, even if he has to take on his own country’s constitution.

    Mac and UDP… you disappoint me wants again.

  46. Anonymous says:

    These two gentlemen know that they made a mistake. If they truly love Cayman now would be the time to withdraw.

  47. fuzzy says:

    Dear CNS,Could find out exactly what would happen should these two be elected,challenged and disqualified?Would we have to go through a bi-election or would the next two highest votegetters be seated?.Also if they are disqualified would they be allowed to take part in the bi -election?

    CNS: We’d like to know too but seem to have hit a brick wall with this. If there are any lawyers out there who could shed light on this could you contact us, please?

  48. Learn to spell! says:

    There is no such thing as a "bi-election".  It is a by-election (or the rarer form, bye-election). 

    • Anonymous says:

      Learn to spell …m fren yu sure gotts youself a prablem   a  Bye…fokkall errr bi…fokal  prablem ….ligten up mann…take dat boot from off ur head.

      you iz oc.eeed  or wah! You looks like goinhavastroke.

      Bye By elektionn (LOL) 

  49. The Enforcer says:

    Another point no one here has mentioned – the Candidates handbook which was given all candidates by the Election’s office as that segment of the Constitution copied in it verbatim.

    It’s page 6 of 27 – so they didn’t read their handbook either that the Elections office took the time and resources to put together and print?

    They have jsut lost my vote even more.

  50. Anonymous says:

    Who would really want to elect a leader that openly disrespects the consitution?  Not leadership material at all! 

    • Anonymous says:

      It’s an honest oversight, it shows we’ve got two humans running in the election.

  51. Anonymous says:

    CNS a de besss!!!! 

  52. Anonymous says:

    So let me try and understand, On May 20th the voters are supposed to elect representatives that don’t understand OUR CONSTITUTION whilst at the same time voting on a referendum to adopt a new constitution which would still have them disqualified for the same reason as the 1972 Constitution?  An even scarier issue is the fact that the UDP are to blame as they allowed this "oversight" to occur.  This obviously means that the UDP leaders and advisors are also unfamiliar with our Constitution and didn’t know that this declaration had to be made?  I also hear that another Candidate has falsified Company minutes by back-dating them to show a resignation as Director.  Sounds even more dishonest?

    The cadidiates should do the honourable thing as this is a clear indication that running a country is above thier ability if they can’t even understand how to run for election or are willing to falsify company records to stay in the race.  How many "oversights" or dishonest acts can we expect if they are elected to a position that makes decisions affecting our country and well being?

     

     

  53. Only For Caymanians says:

    If the Constitution Say it is  Illeagal then Why dfo they make an Election Law "OVERRIDE the Constitutional Laws"?

     Isnt that a contraversy or sum wrong doings by the Government there?

     

    Only For Caymanians

  54. The Enforcer says:

    THEY WILL NOT BE ELIGILE FOR THE BI-ELECTION … if it got that far.

    READ READ READ!!!!

  55. The Enforcer says:

    The 1972 constitution says:

    No person shall be qualified to be elected as a member of the Assembly who".

    Therefore they can be called out on this NOW!

    I wish you people would and not accepting everything someone else tells you.

  56. The Enforcer says:

    Thank you CNS for keeping the facts straight on this story.

  57. Anonymous says:

    So the constitution says you can’t be elected.  It doesn’t say you can’t run.  The controversy will only arise if they are in the top three come May 20.

    Wasn’t there a similar problem years ago with the late Jim Bodden?  He ran for election, won, but then couldn’t take his seat because he was still a US citizen.  i believe he had to renounce his citizenship and then run again in a by-election.

    I suspect that’s what might happen here.  If either or both Messrs. Scotland and Seymour come in the top three, they will be challenged, found to have been unconstitutionaly elected, and by-elections held; at which point the previous results will probably be confirmed.

    An additional charge to the pubic purse.

  58. Anonymous says:

    hahaha…yeah, this is a great shot….Mark & Dwayne should do the honourable thing…but remember they are with the UDP…doing the honourable thing is not an option for them!

  59. The Enforcer says:

    Love this picture of them all being the UDP prison – behind bars. How ironic is that? LOL …

    • Anonymous says:

      LOVE THAT PICTURE??? Anyone would have to admit that this news media has just shown their obvious and disgusting bias. I have been a regular but after seeing their clear bias and their political garbage of tonight I FOR ONE will never sign on again! I hope every fair minded blogger will agree and do the same thing! Ask me what you said that was biased? I DARE YOU!