No action on disqualification

| 26/05/2009

(CNS): UPDATED 4:20pm Tuesday — Governor Stuart Jack has indicated that he will take no action concerning the constitutional disqualification of UDP members Mark Scotland and Dwayne Seymour, and it appears that, in the absence of any last minute legal challenge, he will be swearing them in tomorrow along with the other successful candidates as members of the Legislative Assembly. The governor repeated a vague statement that he expects candidates in elections to observe the requirements of the Constitution and applicable laws. “I do not take lightly any failure to do so,” he said, though his statement, issued Tuesday afternoon, contains no indication of any repercussions of such failures.

“I have been authoritatively advised that the Governor has no Constitutional powers to determine whether a candidate is qualified or not, or therefore to refuse to swear in a member whom the Supervisor of Elections has reported to him to have been duly elected. The official returns that I have received from the Supervisor include Mr Scotland and Mr Seymour as duly elected representatives for Bodden Town,” the governor’s statement said.

“Any question as to whether a person is validly elected is for the Grand Court to determine. The Governor is not included in the list in the Constitution of those who can file a challenge with the Court. It is my understanding that in these circumstances it would normally be an elector or unsuccessful candidate that would file a challenge by way of a Petition to the Grand Court. I will leave it for the Attorney General to decide whether he wishes to make a statement on the matter in due course,” the statement concluded.

On Friday evening, Leader of the Opposition Kurt Tibbetts said it was the responsibility of the governor and the attorney general to uphold the constitution, and last night an anonymous petition was posted on-line.

Since the election, the attorney general has still not commented on the issue that both Mark Scotland and Dwayne Seymour were elected to the Legislative Assembly but did not meet the requirements under the 1972 constitution Section 19, 1 (g), which states that all candidates must gazette their business contracts with government. Both men failed to do so by the required deadline of one month before Election Day.

The candidates and the UDP have stated that it was not intentional on their part, but just an oversight, and as a result they should both be allowed to take their seat. However, a considerable number of people commenting on CNS and calling in to local talk shows have insisted that the question needs to be formally addressed through a legal challenge or by the governor, and despite the circumstances the constitution must be upheld.

Yesterday evening an anonymous petition was posted onto a specialist global website go-petition which will be submitted to the governor. The petition organisers told CNS that there was a need to uphold the constitution, which is why they had decided to post the petition.

"There is a bigger issue at hand — rule of law is paramount; and the governor cannot swear in anyone around whom there hangs doubt that they were eligible for election. Precedence indicates that the governor in 1972 understood this well – even though he had less facts to go on," they said.

The petition preamble notes that Governor Jack is aware that two successful candidates for election in the district of Bodden Town have acknowledged that they did not fully comply in a timely fashion with the requirements under section 19G of the Constitution. 

“Due to this potential breach, the Constitution states that these candidates may not thus qualify to be elected,” it states. It goes on to say that it is not about disenfranchising voters but respect for the law and that upholding the provisions of the Constitution is paramount to good order and good governance. “Without this understanding, any election to establish those who would govern us stands for naught,” the petition reads.  It also cites the 1972 precedence when the governor at the time refused to swear in the candidate and called on the attorney general to bring the case to court to determine whether the candidate was constitutionally able to be elected or not.

The petition itself then states: “We the undersigned thus petition His Excellency The Governor to seek to uphold the Constitution and do as was done in 1972, request that the Attorney General, as allowed for under section 23 of the Constitution, to have the courts look into whether Mark Scotland and Dwayne Seymour were qualified to be elected in the recently held general elections.”

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Comments (85)

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  1. Anonymous says:

    News Flash: McKeeva stops planet from rotating, world ends. Details at 6.

    "His governance was the reason we had Hurricane Ivan. God help us now."  

    McKeeva must be a VERY powerful super-human entity to have powers to call up Hurricane Ivan… do you think he can get a hair clog out of my shower drain with his x-ray laser beam vision or something?

    [Translation: you are being preposterous.  Please post something with meaningful political content next time.]

    Oh, and to be certain I have found that bucket of crabs that I was looking for.  Lots of crabby crabs indeed.

     

  2. Anonymous says:

    For the Low Life who Keep Calling People Children Names Like Dumm Dumm I Can Bet That you are not even Half as intellectual as he is. As he have enough sense to Run for office to Help Mackeeva take this country out of the Bloody Mess PPM put we all in. He;s not there for the Money as he Has a few Business around that financially HE OK he’s in it for the love of country.

    so stop hateing he is there for 4 year that you and i have to live with so set aside and see what he can do for our country cause ppm did nothing oops i mean not before the weeks leading up to the election.

     

    BODDEN TOWNERS LOVE MARK SCOTLAND AND JOHN JOHN SEYMOUR CONTINUE TO MAKE US PROUD.

    UDP SUPPORTER TO THE BONE

  3. Anonymous says:

    I was looking for a bucket of crabs and heard there was one around here. 

    Anyone seen some crabs in a bucket?

     

  4. Anonymous says:

    Why are Caymanians so biased and one-sided; we were quick to point out that the Jamaican Prime Minister, the Hon. Bruce Golding has sent his congratulatory message to Hon. McKeeva Bush; but failed to recognise that the Premier of the British Virgin Islands did the same.

    May I remind you that the former leader of Government Business was very quick to send congratulatory message to Portia Simpson-Miller on her victory at the polls.

    We need to stop our childish behaviour and learn when to call a spade a spade.  I think we need to let go of Jamaica; leave the people alone; after all the people of Jamaica gets along with its life daily without mentioning the Cayman Islands; the universities are graduating students with top honors, the high schools are rolling out superb examination results and the Ivy League Univiersties in America are flocking to their shores every year to recruit students for schorlarships!  Can we say the same for the Cayman Islands, we need to concentrate of educating our up coming generation so that they will not resort to the bickering we presently dispaly.

    • Anonymous says:

      "Why are Caymanians so biased and one-sided; we were quick to point out that the Jamaican Prime Minister, the Hon. Bruce Golding has sent his congratulatory message toHon. McKeeva Bush; but failed to recognise that the Premier of the British Virgin Islands did the same".

      I am sure you are not so simple-minded as to believe it is about sending congratulatory messages. It is about the promises made and expectations held. It is about a position of undue influence on the affairs of our country. It is about the wealthy Ja. businessmen given front row seats at the swearing in. It is about selling out our country just so you can win an election. Don’t try to confuse the issue with the BVI Premier. You must think Caymanians are really stupid that  they would fall for that line.   

  5. Anonymous says:

    I don’t know about anyone else but I smell a rat!!

    Let’s see now where we sit.

    We have an Attorney General who has an obvious case of breach of the constitution and fails to act and won’t respond at all nor anyone around him. Is he hiding something? Being pressured in anyway? I’m just asking here cause I wanna know why he says nothing at all. Not "I see what the constitution says but I find that the candidates were not intentionally misleading the public and hence the AG will not act on this matter" or anything. Why is that?

    We have a Governor who says he can not act but in fact in times past another Governor in fact did act. In honest fact it is our only precidence on this matter at all that we know of. Why is that?

    Ok let’s put that to one side now and we’ll get back to it in a second.

    We have another case of voter tampering dare I say "Causing of Undue Influence" during an election that goes unaswered. Maybe, dare I say it again "swept under the rug". This is not hearsay but actual evidence brought and numerous witnesses speaking out and proof all disappear.

    Put this all together we have…….Well lots of unaswered questions all leading in one direction.

    Ladies and Gentlemen I don’t know about youbut with this amount of "incidents" I am left to one conclusion and I think you know what that is as well…..

    This is an omnious start to this government taking office and I can only sit in my little corner of this society and pray that we are not all going to hell in a handbasket.

  6. Dennie Warren Jr. says:

     
    Would the Governor please cause to be published this so-called "authoritatively advice"?
  7. Anonymous says:

    Well now that MS and DS have been duly sworn in by His Excellency- I say lets bury the subject as ALL and ANYONE who wished to challenge their election had 7 days in which todo so and NO ONE has presented the challenge. I wonder why?? Maybe because the PPM would be scared of the potential disclosures on their part? Or was it due to the financial side of the challenge (I have been made to understand that one would gave to ‘deposit’ CI$3000 with the Courts) in order for the challenge to be formalised. I am not sure if this is correct so I do stand to be corrected.

    Whilst on the subject of the swearing in, I must say SHAME on Alden and Arden for their ARROGANT, IGNORANT, CHILDISH and PETTY behavior today inside the Chamber. As former Government Ministers- they should be ASHAMED of themselves. Thier demeanor and public display of dis-respect was grossly irreprehensible and a DISGRACE. The school children in attendance was behaving better than these 2 grown (or supposedly) men. I have LOST all respect that I had for them. I appreciate that they cannot accept that they have been removed from Cabinet and therefore they do not carry the prestige no longer, but guys give me a break. Act like your age, Once again I say shame on the 2 former Ministers.

    Now UDP- lets get on with the business of rebuilding the country as the Good Lord knows it is well deserved.

    And to all PUNDITS- for you clarity and peace of mind, I am a GT voter who voted for 3 UDP straight for the UDP as their was clearly no other choice out there- as I do have allegiance to good governance which the PPM DID NOT give this country unfortunately over the past 4 years. And YES- I voted straight PPM in 2005

     

    • Anonymous says:

      Arrogant ,Ignorant,Childish and Petty sounds just like MCKEEVA BUSH from head to toe .What did Alden an Arden do in there that we missed it could not have been any worse than the way MAC was acting .My eyes was on him too and his childish normal stupidness never stops he not that small that you cant see him or are you blinded by his foolishness too typical UDP people .I vote STRAIGHT IN GEORGE FOR THE 4 PPM canidates why you only vote for 3 UDP there team was not good enough for you .Thats why you should stick with the best for the country.PPM

    • Anonymous says:

      "Well now that MS and DS have been duly sworn in by His Excellency- I say lets bury the subject as ALL and ANYONE who wished to challenge their election had 7 days in which to do so and NO ONE has presented the challenge".

      This is the trouble with the UDP – they are all about "burying" their wrongdoing.

      FYI, any challenger has 21 days from polling day to make the challenge. That is why it was inappropriate for the Governor to have sworn them in after only 7 days. 

      I am not sure what your overcharged personal attack on Mr. McLaughlin and Mr. McLean is all about since no one else seems to have had an issue.   

      Mangling the English language with terms like "grossly irreprehensible" says a lot more about you than it does about them. 

  8. Rita Myles says:

    Well they say it’s not over until the fat lady sing, but I say its over now so chill out and lets all have a drink!!!!   COME BACK IN 2013 PEOPLE!!!  GIVE THEM A CHANCE FOR CRYING OUT LOUD!!!  Believe me when I say this to you!  No matter who we put in, trust me they will be all for themselves and God for us all!!!!  

  9. LocalVocal says:

    Sure it’s not buy-election, CNS? 😉

  10. Anonymous says:

    McKeeva is not a man with a plan.

    He is a man with an AGENDA. Might aswell change our name to Jayman.

    http://www.jis.gov.jm/officePM/html/20090522T130000-0500_19729_JIS_PM_GOLDING_CONGRATULATES_CAYMAN_S_MCKEEVA_BUSH_ON_VICTORY_IN_ELECTIONS.asp

     

    • Anonymous says:

      "He is a man with an AGENDA. Might aswell change our name to Jayman".

      And you ain’t seen nothing yet. Last time he tried to sell Cayman Airways to Air Jamaica (which no longer flies here as of March). God help us all.

      No wonder we are seeing so much ‘Ja. style’ political tricks.  

  11. Anonymous says:

    This is a very sad day when on one hand we voted yes to a new constitution and on the other we neglected it 7 days later…  What is Cayman comming to?

  12. Anonymous says:

    This is just the begining of Caymanians not having any rights.

    "A better way forward"?

    How on earth can this country move "forward" if we went "BACK" to the old Undisputed Dictatorship Party. This is the best example of the a-double-S leading the way. The law and constitution means nothing now that the Dictator is BACK.

    Why bother fight when you know he will get his way?

    As for the AG… who helped him get that position? Think about it.

    Just give up. We have no rights. Caymanians have no protection. No one is allowed to contest or as Mac says "Sabotage" his desires.

    Caymanians are too scared to open their mouths. FOI is out the door now too. It’s starting.

     

  13. Anonymous says:

    Thank you to the writer re To all the morons who claim that this issue flairs up because the PPM is a sore loser!

    Am British, from the UK and have a British passport like most of you. can I run for a seat in the next election??

    I think I would do a goog job and have very good grounds for a law suit.

  14. Thankful says:

    I am quite disturbed and floored that this is happening?!!!!!!!!  Will someone from BT contest this please.  Never mind that they are MLAs now one is an Hon. Minister.  I dare say someone challenges an order he decrees in the execution of his duties as Minister on the grounds that he is not legal just to avoid the substantive directive to start with.  Far fetched?!  Like we say in West Bay: YOU SIT DOWN DEH!  I have seen less strange, unethical, CONSITITIONAL, Lawful matters get challenged or done, so I can see it.

    I am neither party…but in all honestly my sweet Lord Jesus, Are all those in authority is going to pass the buck on this crucial matter?!! What precedence are we setting?!!  This is not lightly.

    Dear Lord I pray that this is righted.  Have mercy for our zeal oh Lord so as to sweep aside a document (covenant) that we have made with ourselves before you to govern us…yet we discard it so lightly.  Have mercy dear Lord. 

     

    I appeal for our leaders to please lead on this for the sake of our future and all taht is right and Just.

  15. Anonymous says:

    To all the morons who claim that this issue flairs up because the PPM is a sore loser!

    I sincerely hope that at the next election a foreigner who does not "quite" fit within the eligibility clauses (as set out in the Constitiution) running for office, and I hope that he/she will get elected. Why should the Constitution be applied then?

    To the ones that are wondering why PPM is not taking any actions……..

    It is because if they would THEN it would become a PPM vs UDP issue which it is not.

    But oh well, too late now! I just hope that this comes back and bites you all in the ass!

  16. Sidney F. Vicious says:

    Yahooooo, Anarchy for the CI today!

    No more laws or Constituition to worry about! Take to the streets everyone!

    Sidney F. Vicious, A.H, D.H.

  17. Disappointed says:

    Why is the ATTORNEY GENERAL so quiet on this matter?  This is insane and should not be allowed.  Is he conveniently away and not in touch with the goings on???  Who knows – we haven’t heard ANYTHING from his office.

    As we speak the new elected members are being sworn in at the Legislative Assembly.  By now, probably have been.  And if they are, how can we trust 2 men who’re swearing to follow by the Laws of our country if they haven’t already done so!!!

    How can it be that two men who did not fulfill the basic KNOWN, PUBLIC requirements of our Constitution be allowed to proceed without ANY RESPONSE from the AG?

    Our country deserves better.  This will set an unfortunate precedent if nothing is done.  If there was a challenge in 1972, so can there be one today.  Just ask the new Speaker of the House.  Wonder what’s she saying or doing about it.  I don’t think it should be done by the PPM or a private citizen, it should be done by our Government!  That’s their job, to ensure our country is being run as it should, hence the complete and utter contradiction of these 2 ‘men’ being elected and sworn in as our representatives!

    This is NOT about UDP or PPM, it’sabout our basic Constitution and those who haven’t followed the rules trying to get away with it (at the cost of our Country’s basic rights).  I am a Caymanian, have lived all my life in Cayman, know a lot of people but don’t know Dwayne Seymour or anything about him much less that he had a contract with the Airport/Cayman Airways.  That’s the WHOLE POINT of the requirement in the constitution for the declarations to be made.  It seems the Governor, the UDP (as his supporting party) and the other supporters are conveniently oblivious to this.

    How can they say it was a oversight or they didn’t know about it, oops.  What else will they overlook now that they’re in the Government.  How many more OOPS will they make?  IT’S THEIR JOB TO KNOW and TO DO WHAT’S RIGHT BY THE LAWS AND CONSTITUTION OF THE CAYMAN ISLANDS!!!!!

    I only hope and pray that something is done about this.  COME ON NEW GOVERNMENT – MAN UP and do the RIGHT THING. Whether it’s a by-election or otherwise.   THIS MATTER MUST NOT BE IGNORED!!!!!

    • Anonymous says:

      Where is the PPM leadership ? Why does’nt KT challenge the BT candidates election? Gues the answer to that is: the man is a poor leader and could never make a difficult decision when push came to shove,  The man is spineless. 

       PPM, stop waiting on the AG,  pick up a pen and paper and draft an application to the Grand Court yourself.   It should be easy enough to do, since AM is a lawyer.  For heavens sake man, do something for once in your life.   Your  few supporters are going out of their minds – save them please.   

      That’s what I love about the Mac.  He is a born leader. 

      • Anonymous says:

        I must say I have to agree with you on your last point.

        If this was Big Mac the issue would have been dealt with already by one means or another. His is a very proactive person. I have always said Thank God he was leading us during Ivan. It was because he DID stuff that we made it through it the way we did.

        However all that aside he is far from perfect.

        Another point. It can not be KT that files it must be Ossy or Chucky at least from his party.

        This is very sad because in all of this many people’s true colors, from the top on down is being shown.

        So sad what my country has lowered itself to. Our politicians are well on their way to be some of the most corupt in the caribbean. We soon will be the ones others say they don’t want to be like.

        Where did we go wrong? I think we should just retire all of the old hands and start all over. Retire Big Mac, Kurt and the whole lot and start all over.

        • Anonymous says:

          "Thank God [McKeeva] was leading us during Ivan. It was because he DID stuff that we made it through it the way we did."

          His governance was the reason we had Hurricane Ivan. God help us now.  

  18. Expat 567 says:

    "Kindness and respect is exactly what got us, the Caymanian people, into the mess that we now find ourselves in. We were kind, welcoming and respectful to most who came here and in turn we have been treated unkindly, disrespectfully, unfairly and a lot of other negative treatments were dumped on us. … Now we are a minority in our homeland and if you disbelieve that just take a note of where the UDP is holding the church service of Praise and Thanksgiving next Sunday. It clearly demonstrates that the native Caymanian votes are no longer of significance."

    I don’t know why you say this Big Al.  If you turn from being the kind people that you are, then I say you have lost everything already, no matter who else is here.  I also hope the day never comes when I am needing to apologise for disrespecting you, and if expats treat you unkindly, disrespectfully or unfairly, don’t take it!  Pitch ’em off the island (I’ll help), and keep the good ones who contribute and help your economy and islands grow.

    I also can’t see that you are a real minority in Cayman – expats don’t vote here and have no represntation in government or voice in what happens.  We reside here at the pleasure of the Caymanian people, and will (must) leave when your elected representatives so say.  There may be lots of expats here, but Caymanians are still clearly in charge.

    I hope we can earn your welcome.

  19. Rita Myles says:

    I respectfully beg to disagree with that statement. Kindness and respect is exactly what got us, the Caymanian people, into the mess that we now find ourselves in. We were kind, welcoming and respectful to most who came here and in turn we have been treated unkindly, disrespectfully, unfairly and a lot of other negative treatments were dumped on us.

    Whomever said these comments,let me say something here, you could never had said it any better, your so right about that one.  We are treated as second class citizens in our own country.  These days if you give respect, you dont even get it back!   Caymanians are consider one of the most friendliest people in the world, dont let them take that away from us.  Another thing dont foget our motto!  "If you ever see someone without a smile on their face, give them one of yours, it’s the Caymanian way.  They may take away our pride but not our diginity!!!  God bless the Cayman Islands.  Also God bless the UDP and PPM as they are all sworn in today, we need to live as one people, for life is too short to be talking nonsense.

  20. Anonymous says:

    Today May 27, 2009 will be a very sad day for me and I feel it will be for many of my people back home if His Excellency The Governor or the Attorney General does not uphold the laws of where am from, (Cayman Islands).

    Am studing Law oveseas and when I talk to my peers about where I come from I do it with pride.  I love the Cayman Islands and this is where am from, but I’ve lost respect for my country and the respect of being called a Caymanian in the last few weeks. 

    This back and forth has changed my outlook on returning home after I graduate and I feel so disappointed that not even our Constitutution is being respected.

    I have so much things to say, but can’t because of the values that my parents has taught me.

    Sorry about my grammer at this time and that’s because am upset.

    I hope that President Barack Obama does not see this.

    Caymanian Law Student (Overseas)

  21. Yeowman says:

    The Bodden Town Projects are all gone now. If it Sounds like sour grapes understand thats just how it goes and for all those Sympathy voters who vote for my hands are tied niceman Eden please make a mental note the next time you go in to a voting booth and waste your vote. Aaaaaaaaaah Bodden town still voting personalities

  22. Anonymous says:

    This is the worst governor  Cayman has ever had…he cost us millions of dollars and know he will make them get away with this.how can he see the evidence before his eyes and not want to do anything about this..yet out of the blue he suspects all these cops/Judges and their not gulty and they are now suing us when Mark and Dwayne is surely gulity and he aint doing a thing about it!

    The Attorney General needs to come forth and make a decision on this!!

  23. Anonymous says:

    In response to "FCO Complainant"  i hope you really do send that letter today..

  24. Anonymous says:

    every body please sign… http://www.gopetition.com/online/28022.html

     

    It is not about UDP or PPM. It’s about two grown men that have broken our laws, the highest law of the land.. Itis very ignorant and irresponsible for people to just want us to forget about this NO WAY!…and if Mckeeva had any respect him his self would have made them step down but he don’t care how he win as long as he do…he does not have respect for Cayman or Caymanians..do we really think he will respect the Consitution??? It is very shameful that these two want to serve the people of Cayman and they have already have broken the law, I personally from my own conscience would not have seen it fit and would have stepped down. Why do we allow Mckeeva to get awaywith every thing he do, he got away with the status grants we allowed him to sell out our Island to develpers.. Come on ppl wake up!

    This is not fair at all someone needs to deal with this, what are they going to swear today, that they won’t lie and break the constitution again…cos they certainly didn’t uphold it as respectable gentleman would do…

    I remember when NRA prepared PPM’s site for PPM’s launch Mckeeva and Rolston came on TV and said they wanted a full out investigation, well we want a full out investigation on Mark and Dumm Dumm…and also those "angles” that were giving out cards in GT on election day….

    Can’t people really see by now how power hungry he is…he has tourism and finance &development under him.. he wouldn’t give that to any of his memebers..Why doesn’t he have confidence in them that they can run a ministry on their own? Or is it just that he wants to be the boss of everything and everyone again!!!

     

     

     

     

    • West Bayer says:

      Get over it and get a life so this government can pull the Cayman Islands out of the mess your government (PPM) put it in!!!!!

      • Anonymous says:

        West Bayer, it is only now that the country is in a mess with McKeeva in charge. Of course you don’t care so long as you get your handouts and if he dressed up a stick horse and put him on his ticket you would vote for it. We right back to the dark days of 2001-2005. Transparency? For get about it. Dictatorial rule, here we come.

      • Anonymous says:

        Spoken like someone who was affordable come election time.

        Aaah the tragedy that is West Bay.

        I think you should take a look around the world. You know the whole world is in a mess.

        PPM made some mistakes no doubt. I am not going to deny that there were some ooh crap moments but we didn’t give us what will be an 10’s of thousands of mouths to feed over the next 10-15 years.

         

         

  25. Anonymous says:

    I think a precedent is being set here regarding Constitutional law, it has nothing to do with the party system.  By not challenging their eligibility – probably should have been done before their names were put on a ballot  – what is being said is that from here on out it’s ok to say "oops it was an over sight" and break every law you want, knowing that nothing will be done about.

  26. Anonymous says:

    Now I understand the recent results of the referendum.  When will Caymanians understand that the Constitution is the ultimate law of our land.  How can we continue to be so ignorant as to make this matter a partisan one?  The blatant disregard for our present Constitution by all those involved in this mess leaves me even more concerned for our understanding of the importance of this document.  This is not someone elses problem.  This is our island and we continue to focus on the finger pointing and silly name calling.  Forget all that.  The Governor and AG are blatantly ignoring a breach to our Constitution.  This matter should be addressed before Mr. Scotland and Mr. Seymour are sworn in.  Will we treat the new Constitution with any greater respect?  I doubt it.

    • Anonymous says:

      I think the Governor and AG are both UDP. I recommend that UDP ID’s be issued to all Caymanians to protect us against any future acts that would incriminate us, after all we are ABOVE THE LAW!. 

  27. FCO Complainant says:

    So let me see if I can break this down for you all AND FOR GOVERNOR JACK SINCE HIS ADVISORS HAVE AGAIN FAILED HIM. First of all the Governor is aware (as per his various press statements) that there is a probable breach of our constituion.

    Secondly, because he is aware of this probable breach, he has an obligation tomorrow as Governor to refuse to swear in any person who is suspected to be disqualified from holding the office of Member of the Legislative Assembly until such time as the Grand Court of the Cayman Islands, in accordance with our 1972 Constitution (as amended), has made a determination as to whether or not the candidate(s) is or are qualified to be sworn in.

    Thirdly, the Attorney General as the Chief Legal advisor to the Governor is the person to whom the Governor MUST refer this matter with a directive that he petition the Grand Court for a determination on this matter.

    Fourthly, just in case theGovernor and the Attorney General do not understand why the Attorney General is specifically named in this section of our Constitution here is the reason. The Governor and the Attorney General are the Guardians of our Constitution and they have as their primary responsibility ensuring compliance with it.

    Let me help them understand the rationale for this. Lets just suppose that it was not only the UDP candidates affected by this issue but that some PPM candidates were also in the same position…it would not be in either of the parties or their supporters interest to challenge it.

    Notwithstanding this, it is necessary for some impartial person, body or institution to be in a position to ensure that the highest law of the land is upheld and that no breach of it goes unchecked. Do you understand now Mr. Jack or is this a case of the corruption becoming institutionalised???

  28. Anonymous says:

    Please, lets quit bashing each other…Let the PPM lick their wounds for a few days, UDP did it for 4 years, we all got over it, and life returned to normal. Remember, we all may not have come on the same ship but we most surely are all in the same boat now. Lets be a nation that we can be proud of. Kindnessand respect will never do anyone harm. The only way to move forward is to work together for the good of this country and our kids….Lets set an example for the world.

    • Bodden Town voter says:

      I totally support the decision of the Governor. PPM and all voters, candidates etc for Bodden Town had the chance to challenge Mr. Seymour and Mr. Scotland, but nobody did it. That is the problem with us Caymanians we always talk and then when it is time to react we don’t unite.  Remember back to the bi-election in Bodden Town , where Mrs. Lawrence challenged Mr. Bodden! did she sit down and call on the Governor or AG to settle things for her, NO, she did what was right no matter if she failed or NOT.

      The hold point is here that Mr. Seymour or Mr. Scotland did not hide anything. Yes, they might have not Gazetted the information in time (4 days late), but all their contracts with GOVT was public knowledge. They never had any reason to hide anything. Do i here anyone saying that they hid this information because they did not want the Public the know about their contracts. No, everything was PUBLIC KNOWLEDGE.

      Can someone please tell me if the Elections Law was done after the Constitution? Why don’t the Election Law for Candidates go hand in hand with the Constitution since it the LAW OF THE LAND as everyone is speaking about.

      I understand and fully support upholding all Laws in the Cayman Island, but everyone is still forgetting that GOD IS THE RULER OF ALL and HE HAS THE FINAL SAY.

      Lets move forward and get down to the real problems that Cayman is facing.

      • Anonymous says:

        "Remember back to the bi-election in Bodden Town , where Mrs. Lawrence challenged Mr. Bodden! did she sit down and call on the Governor or AG to settle things for her, NO, she did what was right no matter if she failed or NOT".

        According to Mrs. Lawrence herself you have that exactly backwards. Mrs. Lawrence complained and the Governor declined to swear Mr. Bodden and asked the AG to refer the matter to the court. Upon the AG’s applicatio the court found Mr. Bodden to have been disqualified and therefore ordered a By-election (note proper spelling). http://www.caycompass.com/cgi-bin/CFPnews.cgi?ID=10382293

        In her own words: "Mr. Bodden was successful at the polls and at that time the issue became a matter for the Governor who is responsible for good governance in this territory. Mr. Bodden was called in and asked to produce evidence that he was NOT a naturalised American citizen and therefore eligible to be returned as a member of the Legislature.

        "Mr. Bodden failed to do so, and on the day he was to be sworn in, the Governor read a statement in the Parliament outlining the matter, and informing the public that he had referred the question of eligibility to the Attorney General with instructions to take the matter to the Grand Court for judicial review".   

        Mrs. Lawrence is about to be sworn in as the new Speaker of the House. I cannot see can say anything different than she did 2 weeks ago.

        You say that the PPM etc. had the chance to challenge the candidates etc… Didn’t the UDP say that they couldn’t be challenged until after the elections? Well, that is what it is now: AFTER the elections.

        It really does not matter whether you think there was actual public knowledge. The Constitution must be followed. Period.  I for one, had no idea who Dwayne Seymour was let alone that he had contracts with Cayman Airways. I also had no idea of the number and size of contracts that Mark Scotland had with government. Try to be objective about this.  

        God is indeed the final ruler and he expects to act in accordance with the Constitution and laws of the land, and not try to find excuses not to.  

        • Bodden Town voter says:

          Thank you for being an expert on Ms. Lawrence affairs. However this is not about her, it is all about the challenge that the PPM don’t want to do. As I mentioned before I am in full support of the LAW and they should be challenged. People keep talking and doing nothing about it. All i said was why leave it to the Governor or AG.

          Why can’t someone else challenge them and on the other hand I never knew Mr. Seymour either, but I went to meetings, listen to interviews and read his information on the web and I found out that he had a contract with Cayman Airways. Sorry you missed your formal introduction to Mr. Seymour, perhaps we could arrange an interview LOL

          anyways my two cents have been posted and that is all I want to say

          BRING ON THE BY-ELECTION, WE ARE READY TO VOTE AGAIN!!!!!!!!!!!!!!!!!!

          ( did i spell it correctly ) i stand to be corrected again.

          CNS: What is the correct spelling??????

          CNS: ‘By-election’ and ‘bye-election’ are both correct. ‘Bi-election’ is wrong. 

          • Anonymous says:

            Bodden Town voter, it was you who introduced Mrs. Lawrence’s case to prove your point. The problem is that what you stated was incorrect and the facts prove the opposite point, namely that it is entirely appropriate for the Governor to have declined to swear in the candidates whose qualifications are in question, and to have asked the AG to take the issue to court.  As you well know it is not about "Mrs. Lawrence’s affairs", but instead of what the precedent illustrates, namely that a previous Governor recognized it as part of his responsibility for good governance. You have now abandoned Mrs. Lawrence’s precedent because you have awakened to fact that it does not suit your argument which is to make the issue all about the PPM rather than the Constitution. Clearly you only wish to see the issue through your partisan lens, and not recognize its true significance.  

            You are still missing the point: it’s not about you think that I ought to have known about his Cayman Airways contracts by going to meetings, it’s about the requirements of the Constitution.

            You may be surprised by the results of a by-election; it won’t necessarily be the same as a general election when no one knows the outcome nationally.

    • Big Al says:

      "Kindnessand respect will never do anyone harm"

      I respectfully beg to disagree with that statement. Kindness and respect is exactly what got us, the Caymanian people, into the mess that we now find ourselves in. We were kind, welcoming and respectful to most who came here and in turn we have been treated unkindly, disrespectfully, unfairly and a lot of other negative treatments were dumped on us.

      Now we are a minority in our homeland and if you disbelieve that just take a note of where the UDP is holding the church service of Praise and Thanksgiving next Sunday. It clearly demonstrates that the native Caymanian votes are no longer of significance. 

       

       

      • Anonymous says:

        Lead, Follow or Get out of the way!

        Why isnt the PPM leader the one putting forward the challenge?? The lack of a backbone and leadership skills is the reason why he is not leader today! Your supporters are depending you on  to challenge this and you sit back and pass the responsibility on to someone else? Believe me when I tell you that if the shoe was on the other foot, the current leader would not thing twice about this – he would definately challenge the matter! We need a leader that has a backbone to stand up for what he believes and whose skin is thick enough to handle all the criticisms and propaganda that is being said about him and who still has the will and determination to work for the country. I say….Lead, Follow or Get out of the way!

  29. Anonymous says:

    Here’s what the Governor should do..use his reserve powers and pardon Mark and Dwayne. It will give  the PPM something else to groan about after Mark and Dwayne are sworn in tommorrow.

    The PPM should be more concerned about the debt and decline of this country. The numbers released today for tourism is frightening and appalling. Where was Chuckie? Thank God that bunch of sore losers are gone.

  30. Richard Wadd says:

    Wouldn’t expect anything more from you Jack !!

    You are TRULEY a usless ‘Bull’s Udder’. 

    Or is this just a continuation of your Mandate to bring Dis-repute to our Islands?

     

  31. Anonymous says:

    I am never seen a more sorry bunch than these PPM losers. Why can’t you get pass this? You would swear these guys had committed murder.It is just absolutely ridiculous that for the very first time in our history we have a inept leader who can’t even control his party, have the courage  or the decency to congratulate and offer to work with the incoming party and move the country forward for all Caymanians.

    The pompousness of the PPM never ceases to amaze me. There is no way under God’s green earth that anything is going to change and put you back in power. Get over it, you lost! The people have spoken, you are now the minority. It is time to unite the country.  

    • Anonymous says:

      This is not about the PPM! It’s about the CONSTITUTION! You certainly have not read it either!

  32. Anonymous says:

    Will someone actually "grow a pair" and stand up for the constitution?  My goodness.  The thought that there is no challenge because the results are assumed be the same and no one wants to spend the money is very disturbing.  Using the same rationale, if I was disabled I should not fight discrimination because I couldn’t afford to do so.  It’s more a principal than who is going to win or lose.  If both gentlemen get back in, great, but the principal of the constitution should be challenged.

    • Anonymous says:

      It isn’t merely having the guts to do this. Think about how much would it cost an individual or organisation to take this to court. $250,000? $500,000? It isn’t simply a matter of challenging, that is why it is better to ask the Governor to do his job and uphold the constitution.

  33. Anonymous says:

    Shame on the Governor if he will not do his job and uphold the constitution. He has a clear legal precedent to lean on. This is a sad day for all in Cayman.

    With regard to the AG, he is a UDP cabinet non-revocable status grant, so…………

    UK citizenship is not considered a dual nationality conflict, this was discussed at length when UK citizenship was automatically granted to all Caymanians.

     

    • Anonymous says:

      "UK citizenship is not considered a dual nationality conflict, this was discussed at length when UK citizenship was automatically granted to all Caymanians".

      You are correct. Section 18(2) of the Constitution says that specifically. It also says that there is no dual nationality conflict ifit is simply a claim you have because, although your parent(s) were Caymanian, you were born in another country. But you have take out a passport for that other country and especially if you travel on it then you are disqualified.

      • Lime-e says:

        "UK citizenship is not considered a dual nationality conflict, this was discussed at length when UK citizenship was automatically granted to all Caymanians".

        Furthermore, there is no such thing as a "Caymanian Citizen" as so many would seem to like, merely "British Overseas Territories Citizen"

        So nanny nanny boo boo, stick your head in that

        • Anonymous says:

          "UK citizenship is not considered a dual nationality conflict, this was discussed at length when UK citizenship was automatically granted to all Caymanians".

          Furthermore, there is no such thing as a "Caymanian Citizen" as so many would seem to like, merely "British Overseas Territories Citizen"

          So nanny nanny boo boo, stick your head in that

           

          What a mature answer, are you 4 years old? If you read my statement, I said "Caymanians", the only person who mentions "Caymanian Citizen" is you.

  34. Anonymous says:

    Mr Jack I take my hat off to you!! Thank you, Thank you for all the people of the Cayman Islands, that have common sense and understand.

    If you had been asked to challenge certain misconducts before, which you were not…why now? Because the UDP was victorious and made a clean sweep!!

    PPM – Poor Poor Mismanagement get  over it you are all sore losers, even those that were re-elected.

    Mac is back and he will bring the Cayman Islands back!!

  35. Anonymous says:

    Why would anyone think that Jack would do the right thing? He never has before, why would he start now?

    • RCIP officer trying to help from within says:

      Well at least there’s one sensible comment on here! Stop blaming everyone else for this mess – if the voters of BT think theres been a breach in the constitution (pretty obvious to me)then they or the other candidates should challenge the result.

      But oh no its so much easier to blame the governor right as he’s foreign!

      He has stated quite clearly that  there is no legal framework in the constitution that allows him to contest the eligibility of the candidates – so what do you expect him to do? Ignore the constitution in order to mount a challenge against someone for ignoring the constitution???

      Seems to me the bloke cant win either way.

      Stop blaming everyone else for a change and sort out your own problems

      • Anonymous says:

        RCIP officer  you are missing the point. This is the Governor’s business. His job is to uphold the Constitution. He is doing the swearing in. Please do not throw in the ‘poor expat’ thing into this.  How can he swear in a candidate when even you state that it is "pretty obvious" that there is a breach of the Constitution and he may be disqualified?  Nobody is asking him to adjudicate the matter, but to withhold any swearing in until it has been adjudicated or until the time for issuing a challenge has passed.  

  36. Anonymous says:

    If you need to lose respect for anyone it should be Kurt Tibbetts because even now he suffers from analysis paralysis and doesn’t have the b____s (guts) to challenge it himself.  You are right Gov and AG.  Don’t do the PPM work for them.  Let them do it and let the people decide if it’s political suicide for either party.  In the meantime, the people in BT spoke and they want UDP.  At least McKeeva Bush can make decisions for good or bad.

    • Anonymous says:

      To: Anonymous (not verified) on Tue, 05/26/2009 – 18:21.

      This is not about doing the PPM’s work for them. You are shortsightedly seeing this as Ossie and Chuckie versus Mark and Dwayne, or PPM vs. UDP. This is about the Constitution. You may think this is a small issue now but what about the precedent it sets? Does it mean that from here on it really doesn’t matter if you are disqualified, so long you are successful at the polls you will be sworn in? What if this were a dual nationality case?  Or where someone was not resident in the Islands for the requisite period? The Governor’s job is to uphold the Constitution. He has claimed that he expects all the candidates to comply with the Constitution. What is the point in making in that statement if it really means nothing at the end of the day? At the very least he should have deferred any swearing until the 21 day period has expired if no one has challenged.

      Think beyond party, people.  

  37. Anonymous says:

    I blame the AG, shame on you. 

    Shame on you, when your making a ruling on future cases that come to your desk and I want you to remember that your no better than the accused person that your ruling against.

    Shame on you, shame on you.  

    I know your afried of McKeeva Bush and you should be scared of him too, because I am and I don’t work for government..

     

     

  38. BT Voter says:

    Sad day in Cayman. I’ve lost respect not only for the constitutution but UDP, the Governor and ALL LAWS!

  39. Anonymous says:

    This is a constitutional breach and if the people of Cayman permit it to occur then the constitution might as well be toilet roll.  Once the rule of law is not upheld then it is the slippery slope to anarchy and free for all for anyone who has the power influence or money to get their way.

  40. Anonymous says:

    "This has nothing to do with who lost or who won the election. Or who is a sore loser! If the Constituation is allowed to be ingnored then all people in this country will lose."

    I agree.  As an expat I cannot vote and therefore just hope for the best. 

    As an attorney, I find if very troubling to hear the Governor saying "constitution, schmonstitution, it’s not my job to enforce that".

    Silence from the AG?  Say, who exactly is ultimately in charge of enforcing laws in this jurisdiction?

    I guess it must be Kurt Tibbetts.

  41. Anonymous says:

    The Governor and this new Government really disgusts me to no end! This new Government has not even been sworn in yet and they are breaking all the rules already! How disgusting! I stand behind the PPM elected members! As for the rest! They all just leave a bad taste in my mouth! I hope we get rid of this Governor soon! Let’s just hope his replacment isnt as scared of McKeeva Bush as he is!

    • Anonymous says:

      Oh for Heaven’s sake! Why would the Governor or the A-G want to challenge this when none of us bold and upstanding Bodden Town born Caymanians want to challenge  the result and the pathetic PPM (and I voted for two of them!) says it isn’t going to do so either. Kurt is so disappointing, calling on the Governor and Bulgin to do his work for him. What a coward and buck-passer. Where is the mighty, brilliant Anton Duckworth to draft a 30 page challenge?

       God help us Caymanians when we can’t blame someone else  (usually Britain/colonialism/expats etc) for our problems. As a proud Caymanian, I am sodepressed by our constant blaming of others for problems that are OURS and our citing of Laws, rules,  Constitution etc when it suits us but which we ignore when they seem to threaten our "God given rights as sons of the soil" etc etc

  42. Anonymous says:

    I agree with the comment that the "PPM are sore losers". I can bet if it had been two of them, there wouldn’t be any petition started or they wouldn’t want HE or the AG to do anything about it. We need to stop fighting among ourselves and come together to do the best for this country. Caymanians on a whole fight too much against each other, that is why the expats come here and prosper, they help one another in any way they can, while we grudge and bad mouth each other.

     

    • Anonymous says:

      This is a significant constitutional issue. Those who think otherwise need to take off their partisan blinkers. 

      The Governor is fully awarethat the validity of the Election of the Candidates is at least questionable, yet is proceeding to swear the candidates in regardless, contrary to the precedent that the new Speaker herself has attested to. What should be treated as a constitutional issue is now being relegated to a partisan political issue. In effect, the Governor may prejudice the outcome of any application to the court.

      As regards, the qualifications for Speaker are precisely the same as for MLAs. As Mrs. Lawrence wil tell you, If you are under an acknowledge of allegiance to a foreign power then you are disqualified. If you hold another citizenship (other than merely a claim to citizenship by virtue of your birth outside the Islands) then you are disqualified.  

  43. A Caymanian watching closely says:

    This has nothing to do with who lost or who won the election. Or who is a sore loser! If the Constituation is allowed to be ingnored then all people in this country will lose.

    The AG and the Governor should not hace allowed those persons to run in the election. I am more concern that the AG did not do something given his position in the Country and I am sure he has taken and oath to up hold ALL the LAWS of the country.

    Shame on him more so the the Governor – He lives here..

     

     

     

  44. Anonymous says:

    In Reply to The matter at Hand here is;

    You really hate PPM so bad but  just to let you know that no one is a loser  or perfect everyone of us has made some can of mistakes in our life and did not want to take the blame for it but blame other people like how you are blaming PPM.

    I think that the Govenor should have look into the matter and even given both candidates wrong and fine them, and wrong them that if they were to do this 4 years from now again they will be out.

    Come on Cayman It’s not about PPM or UDP anymore it is about us Caymanian. We need to come together and unite and stop hating each other. One Love

  45. Anonymous says:

    The matter at hand here is simply the PPM are sore losers. They had their chance and they screwed it up. Stop wasting the country’s time and resources with this rubbish.

  46. Anonymous says:

    Here’s the real link to the petition for those who wish to sign it.

     

    http://www.gopetition.com/online/28022.html

  47. Anonymous says:

    Link not working!

  48. Anonymous says:

    Jack’e !…. u afraid of mckeeva 2 or wha??????

  49. Anonymous says:

    Well my complaint to the FCO against the Governor and the AG is drafted and will be submitted tomorrow morning if those two are sworn in.

  50. Anonymous says:

    I say do over as well!

  51. Too Sexy for my shirt says:

    I hereby call for this matter to be decided by a "Pants off Dance off", as seen on TV, on the steps of the Legislative Assembly, tomorrow morning at 9am sharp.

    Actually I think another little election in BT would change the vote, perhaps enough to change those elected. I doubt that all candidates would run again and the vote margins were slim enough that a change would be possible. Funnily enough, I think the one who would have the most to gain from this would be Theresa Pitcairn and not the PPM candidates but wouldn’t it be fun just to see.

    I say do-over!

    • Anonymous says:

      Can the constitutional lawyers out there say if it is ok for the Speaker to hold citizenship in another country?

      • Anonymous says:

        Nearly ALL CAYMANIANS hold a second citizenship as most of them have taken on UK Citizenship or were born in JAMAICA so hold citizenship to that country while still claiming to be caymanian. Also if you check it out you might just find that previous speakers have held citizenship in another country.

    • Anonymous says:

      I know who you are!  Go have a Miller Lite.

  52. Anonymous says:

    Taking this matter to court will cost a lot of MONEY, but let’s see if the Governor will be so bold to show up tomorrow and swear Mark Scotland and Dwayne Seymour in.

  53. Anonymous says:

    Maybe the Gov & AG are waiting to see if the PPM and their few loyal cronies will do the right thing and place the matter before the Court. Alden & Duckworth are lawyers, so surely together they should know how to do this.

  54. Dennie Warren Jr. says:
     

    During the “constitutional modernization” process much was said about the Governor’s role as a check against local politicians.  Between today that tomorrow, we will see whether HE will live up to his responsibilities on this matter.

    For more about what can happen when the UK acts in their own interest

    .