MLAs say challenge too late
(CNS): In an ironic twist, the two Bodden Town MLAs challenged by voters in the district have filed a response to the election challenge against them asking the court to strike out the proceedings because they claim the challenge was filed too late. Minister Mark Scotland and backbencher Dwayne Seymour responded to the summons with their own legal documents, stating any challenge to their election should have been filed under the provisions in the Election Law which says an election petition must be brought within 21 days of the poll.
The summons by Gordon Solomon, Sandra Catron, Ronald Ebanks, Jean Ebanks, Roxanne Basham-Ebanks and Michael McLaughlin was filed in the Grand Court on 16 June (around 26 days after the poll), and suggested that neither Scotland or Seymour were qualified to be elected under Section 19 (1) (g) of the Constitution as they had missed the deadline to file their interests in companies that had business contracts with the government.
Both responses to the challenge filed by the defendants’ attorney Thorp Alberga on 29 June state that the originating summons was not filed in accordance with the either the Election Law or with rule 93 of the Grand Court Rules and should, therefore, be struck out.
Seymour and Scotland both set out in their affidavits that they were elected to the Legislative Assembly in the 20 May Election in the district of Bodden Town; that they were declared as successful candidates by the returning officer and their writs of election have been submitted in evidence. The two UDP MLAs state that the plaintiffs are alleging that they were unduly elected and that their election to the LA is not valid.
However, the summons submitted by the six Bodden Town votes actually alleges that the two candidates were never qualified to be elected and asserts the challenge under the Cayman Islands Constitution and not the Elections Law.
It is evident from the challenge and the response that right out of the gate the first legal argument will focus on whether the challenge is or is not brought under the Elections Law or the Constitution itself. With the constitutional requirement for qualification coming after the Elections Law’s requirements for nomination, the dispute is far from clear cut and likely to lead to legal gymnastics before either side sees the inside of a court room.
The controversy surrounding the disqualification under the Constitution of Seymour and Scotland because of their failure to meet the criteria laid out in Section 19 (1)g regarding the declaration of public companies before the general election in May, has not abated since the two MLAs were voted by the electorate as first and third elected members for the district.
None of the losing candidates chose to make a challenge and People’s Progressive Movement Leader Kurt Tibbetts said it was the role of the governor and the attorney general to uphold the Constitution. Both Stuart Jack and Samuel Bulgin said it was a matter for the courts to decide and chose to abdicate whatever lawful responsibility they may or may not have for ensuring the Constitution is upheld. The Election’s Office has, from the very beginning, stated that it was not a matter for their office as the alleged breach was of the Constitution and not the Elections Law.
Category: Headline News
Since Monday is the Constituion Day holiday do the UDP just ignore that too any keep on working?
Consider this. If the application to strike is successful, the matter ends there and John and Mark remain as MLAs for the 4 year term. If the application to strike is unsuccessful, it is foreseeable that appeals to the Court of Appeal and if necessary the Privy Council on that preliminary point will be filed. Such appeals may take more than 4 years to hear and in any event the cost of even contesting such appeals would easily exceed what most mortals earn in a lifetime. On that basis, the wording of the Constitution in relation to the eligibility of John and Mark to be elected is irrelevant in a practical sense. It is highly unlikely that any person seeking to uphold the Constitution but not backed by the deep pockets of certain political party supporters (who will undoubtedly require corresponding political favours), has any hope of even staying the course in the courts. Thus, whatever happens, John and Mark are likely there for the duration of this Legislative Assembly. He who has the gold rules – that is the Golden Rule in Cayman these days.
"If the application to strike is unsuccessful, it is foreseeable that appeals to the Court of Appeal and if necessary the Privy Council on that preliminary point will be filed".
Section 23(2) of the Consitution states: "Any questions whether a person has been validly elected as a member of the Assembly…shall be determined by the Grand Court, whose decision shall be final and not subject to any appeal"
Well meh dah’lin if you thinks Ozzy failed as a leader of his Community I sorry fa you when Mark & John John finish with ya cuz if they think nothing of what they have done from even before getting elected, there’s no telling what else they willing to do without apology or regret…..talk about failure, not just to a Community but to an entire nation look no further than your two brand new BT MLA’s…
‘Minor technical Thing’ Mark & John John…..wha happen? Never heard of that before? Hahaha….dis a good one! Who da hell advising them?? Obviously do not care that we going take this as a ‘Joke Joke’…..but we all know wha UDP is best at….bending da rules – only dem allowed to do it though…so let’s just wait for confirmation that the Court goin throw out the petition cuz we know it coming!
Their response is total HOGWASH! Mark and John John are playing games here and the people of Cayman should take note.
Please give me a break here Mark & (John John!)
So it is okay for you guys to be late and violate the Cayman Islands law and Constitution Section (19) but it is not ok for the voters of Bodden Town to file their challenge late?
And you BOTH have the nerve to response to the election challenge against them asking the court to strike out the proceedings because they claim the challenge was filed too late?
A very SMART move for BOTH of you!
You have BOTH FAILED OUR COUNTRY,
What else can we expect for the FUTURE of the CAYMNA ISLANDS?
Is this what you want our YOUTH to learn?
SHAME, SHAME on BOTH of YOU………………
Please give me a break here Sandra (Gorda & others)
So its ok for you guys – assisted by lawyers – to be late in filing your claim against the elections, but its not ok for these two nice gentlemen that the people voted for to have been late in filing contracts the whole civilized portion of the island new about?
Sandra & crew, please exit stage left.
Not so sure about the ‘Late Filing’ statement (a Legal Opinion here please).
The FILING FEE was Paid within the alloted time-frame, which is the Primary Step in Filing the Documents. The ‘LAW’ does not specify the actual PHYSICAL Filing of the Documents ….
…. this COULD be just a "…Minor Technical thing".
What goes around, comes around.
I see it like this. If the people of Bodden Town wanted Ozzy back in they would have elected him in. He had 4 years to prove himself to the community and he failed there is no one here to blame but him. He failed as a leader for his community!
"Legal …ease"
You decide to take any matter to court…you get "legal.. ease"
Why should it be any surprise that this matter has becomes a technical one . Isn’t this what the 6
individuals wanted. It certainly wasn’t about taking a rational stance.
By filing this response both Mark and John John have implicitly admitted that they are both disqualified from holding office as MLAs but are instead arguing that one one can touch them now because in their view the challenge was filed late.
This is very interesting because that arguement WILL fail in the Grand Court and as they have not denied that they are disqualified, their seats will be declared vacant once the Grand Court strikes down their argument about the challenge being filed late or the "Votes thrown away" principle will apply and Chuckie and Ossie will be declared the winners as they were the two candidates that lost their seats by slim margins in the general elections.
If the first scenario plays out then Governor Jack XXX will have no choice but to call a by election within the timeframe set out in our constitution. If the second scenario plays out then Governor Jack XXX will have to swear in Chuckie and Ossie as the other two MLAs for Bodden Town. I can see the look on his face now as he swears in Chuckie, the only former Minister with the balls to request for his recall to the UK.
"By filing this response both Mark and John John have implicitly admitted that they are both disqualified from holding office as MLAs but are instead arguing that one one can touch them now because in their view the challenge was filed late".
Not correct. This is what is known as a preliminary issue. In no way does it negate any substantive defence.
I think we need to remember that they did not brake a Election Law. The Election Law states that it would have to be filed in 21 days. However, we are talking about the Constitution the Law of the Lands and that has no time frame that a challange can be filed……
For those who would like to see this challanged please give it a little time, don’t give up so quick.
Next we’ll find that the two MLAs have raised this point about Sandra and co…. too late. they should have said this last week. In a world of serious issues it is always amusing to see village politics in action.
LOLOL!!
I’m absolutely loving this!!
Good ‘ol "Cayman / Island Time" is still very much in effect in the 21st century!
— SCENARIO —
Charlie: Johnny…ah’ gettin married Sat’day! I wan’ inwite yu n ya fam’ly!
Johnny: Yeah?! Congrats man!! Wha’ time it ga’ be?
Charlie: 6 o’clock…Church a’ God, Sawannah’!
Johnny: Alrite Charlie…Ah see ya den!
(Saturday evening)
Johnny and family stumble through the doors of the half-filled church – huffing and puffing at 6:42 pm – sharp!
Johnny: Boy, Charlie…ah sorry ya na – I wha tryin’ mek it on time but…ya know how it be!
Charlie: (Pffshay) Don’t worry ’bout it Johnny ma’ friend…she nah even leave da’ house yet…sit down and get comfortable, ya hear?!
— THE END —
Bottom line folks…we don’t fare well when it comes to deadlines, schedules and the like!
:o)
All in all – an election is a democratic process and as far as I am concerned the democratic political will of Bodden Town was realised on May 20th – end of story!!
In any event, I am proud as a Caymanian to say that the only election mishap that we had to contend with was a late filing of interests that in the end revealed no mentionable issues. Compare that with recent political developments in the USA / UK / Europe / Africa / Asia.
Take a chill pill folks…and please – for the love of the Almighty…ease off the PPM vs UDP rhetoric!
All the best Cayman
:o)
Ironic…"small technical thing"
The story states it correctly, an "ironic twist". I think that the people who filed the petition should respond by saying "it’s just a minor techincal thing", as these candidates had said about their filing.
They say ignorance is bliss, but in this case ignorance is just pure incometence for these two non-candidates (not duly elected members). Cayman never ceases to amaze me!
It is a telling demonstration of these MLAs response to this situation in that they do not proclaim their innocence rather they attempt to use the laws that they so comfortably broke when it suited them to claim that the law’s time limit has expired.
Sadly, it is incredibly ironic don’t you think?
This is a battle of the heavyweights of mediocrity. What a truly unimpressive bunch of people are on both sides. If in the end the challenge was not filed in time I would not know whether to laugh or cry. In some way it is a beautiful microcosm of Cayman politics,
You could not script this better in a Hollywood B comedy. .As I understand the current position it is that the legal challenge filed to establish that a notice was filed late – was filed late? God bless the Cayman Islands.
Shameful, shameful, shameful.
Here are a group of Caymanians who, in the Best Interest of us all, have done what ‘NONE THAT SHOULD’, have…
…. and how are we to repay them, for standing up for US ALL? ….. let’s just stick them with the Bill as well !
Are we so nieve as to not realize the Importance of Constitutional Laws, and why they MUST be upheld, at ALL cost?
The failure to uphold the Constitution, in whatever way, is the begining of paving the way for Anarchy and Dictatorship.
The Constitution MUST be upheld, and Jack XXXX and that useless Bulgin need to go! They have FAILED Queen, Country and People.
The government (The Governor in particular) should have challenged these Individuals and upheld the constitution, they didn’t they let the poeple down. It took taime for them to fail us and now the people are challenging. the time take for the powers that be to drop the ball is the reason this challenge is late, its just a matter of consequence. Continue the challenge and up hold the constitution
I think this time Messrs. Scotland and Seymour are right. I don’t know where counsel for the applicants got the bright idea that one could evade the time limits of the Election Law by failing to commence proceedings with an Election Petition under the Elections Law and opting for an Originating Summons instead. On an earlier thread someone suggested that the time limits didn’t apply because the application was one under the Constitution and not under the Elections Law. I hope that did not reflect counsel’s advice as it is misconceived. There is no such thing as an “application under the Constitution” if this is intended exclusively so that there should be no reference to any statute or procedural rule. The function of the Constitution is to set out broad principles, rights and obligations. The machinery and procedure for giving effect to those principles, rights and obligations is provided for in laws and in the Grand Court Rules.
You got to be kidding me….
These too XXXX are going to act like it was okay to be TOO LATE in filing their declarations BUT its not okay to be late IF THAT IS THE CASE in Sandra and her people in filing their challenge? Now if that aint the pot calling the kettle black then I dont know what is.
I have seen and heard some things in my 40 years of life but this is the best. So here we got Mark and (John John) who act like it is an oversight and OKAY to not file their declaration of interest in government projects on time and have total disregard for the Constitution. HOWEVER they are going to use the TOO LATE to go against what Sandra and her people are trying to do.
If I was not convinced that these too need to go then I am now. I guess it is okay for them to cheat the system but others got to follow the law. These politicians are worst than the ones in the USA.
Poor Sandra & crew
I hope she remembers what happens to the person that loses, but just in case she has – they pay the legal cost of the other side.