Rivers will fight challenge
(CNS): Following the revelations on CNS Thursday that Tara Rivers is facing a legal challenge to her election to office at the May poll, the new education minister has said she intends to “vigorously oppose this challenge”. However, she has said very little about the details of the election petition filed in the court Wednesday, just hours ahead of the deadline for the petition. Rivers said she was committed to fulfilling her term and to serving the people according to what she called the “overwhelming desire” of her district and country. The new premier, who invited the C4C candidate into his government after her historic victory in West Bay, also offered his support Friday in a message from London.
Rivers is being challenged on two fronts by John Gordon Hewitt, the husband of Velma Hewitt, the United Democratic Party candidate who was placed fifth in the West Bay poll, missing a seat by several hundred votes. However, Hewitt has filed the petition asking the courts to make his wife the duly elected fourth member for West Bay and remove Rivers from office. He claims thatRivers was not qualified to run as she holds an American passport and because she was not resident in the Cayman Islands for seven years before the election.
In her latest statement, Rivers makes no comment about the heart of the challenge, stating that it is now a matter for the courts. However, in the past she had claimed that her eligibility was not in question as she was studying during the time that she was living and working in London between 2006 and 2009. According to the elections law, formal study is one of the exemptions provided for in the seven year residency requirement. Rivers has not, however, commented on her situation regarding whether or not she has retained her right to a US passport.
“Unfortunately, as this is now an on-going legal matter before the Courts, I am unable to make any further statement at this time. Your prayers and support are appreciated and I will endeavour to keep you informed as and when I am able. I respectfully ask that each of you remain level-headed and optimistic and allow this to be handled through the appropriate channels, as the law requires,” Rivers, who is a lawyer, said in an official statement released to the press following enquiries from CNS for comment.
Addressing her constituents, Rivers said she was grateful for “the outpouring of support" and the messages conveying the “deep disappointment and shock at the eleventh hour petition filed against my election to the Legislative Assembly”. She added, “I know that many of you are disheartened by this news and feel that this is a campaign to discredit me publicly and distract me from my current responsibilities.” But she saidshe remained focused on carrying out her duties as a minister and MLA.
Meanwhile, offering his support for Rivers in a statement from the UK, Premier Alden McLaughlin said he was aware of the petition challenging the legitimacy of the election of Rivers. Saying it was “disappointing and unfortunate that such a challenge is being made at this late stage", he pointed to the need for the new government to settle in to address the difficult times that Cayman faces without “the distraction and uncertainty created by this petition.”
The premier called for the issue to be addressed expeditiously. “I have spoken to Minister Rivers and she has advised me that she intends to vigorously defend her election. I have assured her that she continues to enjoy the confidence and support of the government and of me as Premier,” McLaughlin added.
CNS has also contacted Coalition for Cayman, the group which claims it questioned and scrutinized all of the candidates it endorsed, to clarify if this issue was addressed during that process and that they had satisfied themselves that Rivers was qualified. However, we have not yet received a response.
According to the Elections Office, Rivers was one of a handful of candidates that refused to sign a voluntary declaration form which asked them to state that there were no issues that could prevent them from being qualified.
See both Rivers' and McLaughlin’s statements in full below and see related story and petition here.
Category: Politics
These political new comers, has beens, wannabees and re-runs, need to take a lesson from the example of one of the most respected men in Cayman's political history: Jim Bodden. He gave up his passport and a lot more!
Oh really? You sure he did? Many speculate until this day that he didnt. The most respected is also out to debate.
Tara, you will win this and be able to move on to do the good work you are qualified for and want to do for these beloved Islands. You continue to have the majority support of the people of these Islands.
Lets see if she will have a town hall mtg for this like the one she had to continue her ego trip a few weeks ago
That was no ego trip. She did the right thing in consulting her constituents having run and won her seat as an independent. UDPers won't understand this.
It is interesting that the "thumbs" balance on CNS has shifted since this story first broke. At the beginning Rivers was receving a noticeable and very high majority of support. However has time has gone on, the balance has shifted towards those than think there is a real problem here. I suspect that she has not handled the situation at all well and her policy of a press statement of inane platitudes coupled with a failure to make any attempt to address the issue has not gone down well. The lack of support from other non-UDP MLA's is very telling. I think they know how this will ultimately play out.
I move that we amend the law to leave West Bay entirely out of the next elections.
Where would you get your entertainment?
Lets give her a chance to produce the facts before we judge. She seems like a very intelligent woman to me and I can't imagine she would have left herself open to a challenge like this. I would imagine she is much too professional and thorough for that.
I find it bizarre that Tara Rivers was allowed to run for office in 2000 but runs for the same office 13 years later, with extensive international experience, knowledge and a huge amount of additional education by any measure, but now might be ineligible for the office she won because she is now considered less of a Caymanian. Something is fundamentally wrong with this whole process.
Fundamentally wrong but the law is the law. It is for all of us to uphold and live by.
Dont give Tara press on In my opinion you are one of the best person for this job and this country on a hold not just for West Bay but for the Cayman Islands, It Is so interested to see just how far MAC and his jockers will go to bring this country down, shame shame on his so call lawyer. sign Anonmous
Let's just blame Mac for everything. But know this, Velma is her own person, and if she feels that Tara is not eligible and has the evidence to prove it she should challenge her in court.
Doing the right thing does not only apply to the UDP but to C4Cs Tara River as well in this case.
Step down Tara if you know that you have committed a wrong against the country and its people: that's what we asked Mr. Bush to do, and you are suppose to be running on a platform of Country First, well, here is the perect opportunity to do the right thing and put country first and let us have by-election and get on with the business of the country.
Am counting on you to do the right thing; walk the talk Tara; I voted for u.
You know who else is their own person? Captain Eugene! That’s right, Captain Eugene is his own person!
The Compass said today exactly what I thought when I read the statement from Ms Rivers. It was completely self-serving. I am afraid that the real character of another politician might be coming through.
Any statement anyone makes in connection with this is self-serving.
I can't believe that a big hard a$$ woman like Velma would stoop to this level. Come on Velma, you ran one time and your people rejected you, swallow your pride like everybody else and go drink lil coffee with Gordon and forget about it until next time. You are not Mckeeva and you are not God. Do you honestly believe that you could do as good a job as Tara? Come on now, put the best interests of the country at heart and maybe just maybe you might get a few more West Bayers to vote for you next time.
From what I gather Tara was born in the US of Cayman parents. She din't go there as an immigrant and pledge allegiance to the US to get her citizenship. She has a Godgiven right to that and no one should ask her to give it up. The constituion makes it clear and it should be left at that.
The boards have identified some information which could go a long way to determining the Petition, such as Tara's council tax records and personnel file at Allen & Overy (the application letter and forms would be interesting reading). The Grand Court can get these documents by asking the English court to order them. But surely if Tara is as public spirited as she says that will be unnecessary and she will fully co-operate and consent to these documents being available to the Cayman judge and Cayman public as quickly and cheaply as possible. My concern is that her policy so far has been the opposite. Say nothing, do nothing. That seems to be her approach. I judge people on what they do, not what they say. Especially lawyers and politicians.
Did mark or Dwayne lose seats when they broke election rules? So whay are the the dead UDP party trying to do this now? Lowest of the low are mac and his cronies
PPM supporters were callng for Mark & Dwayne's head during their election rule issues, but now the shoe is on the other foot, they now have a C4C ally as a PPM minister that has been challenged for alledgedly witholding infomration that could make her not elligible to hold the seat she has won.
Justice is a double edge sword – today for me, tomorrow for you. Let Tara come clean to the people, afterall, their ongoing mantra was "Country First". In which case, she should publicly show any and all records that prove she is elligible to her on to her seat under the residency part of the challenge at least.
Come Tara, do the right thing and show us documents that could prove your innocence – remember, Country First!
Not sure how you jumped to your conclusions but I am a ppm member and whole heartily agree that Tars should be made to answer these accusations. Wrong is wrong. If she was not eligible to run, she should be removed.
I don't think anyone can criticise anyone for making a valid legal application. The problem with the challenge to Mark or Dwayne was that those challenging their obviously improper election completely messed it up.
Aldens statement sounds like he knows she is in trouble. And C4C’s quite stance tells me they do too! Tara remember this, our people need honesty, integrity and leadership. If this is what your offering us already during your 1st weeks, then my god, what else did we have coming??
I still can’t understand why this was left open to debate. Tara , why wouldn’t you have closed all the loopholes, before nomination, or if you were not eligible, why go through with being nominated? I really don’t know what to say about this other than this is just another big mess.
"Why wouldn't you have closed all the loopholes, before nomination, or if you were not eligible, why go through with being nominated?" Ego? Hunger for power? Have the last few years not taught you that many think the laws in this country only apply if you get found out?
"According to the Elections Office, Rivers was one of a handful of candidates that refused to sign a voluntary declaration form which asked them to state that there were no issues that could prevent them from being qualified."
One thing this election teaches us is that there are a number of areas in the constitution and in our elections law that need improving. There is no way this declaration form should be voluntary. Voluntary declarations give the appearance that legislators have the "option" of following the law while the rest of us are mandated to follow the law or we face legal penalties. It should be mandatory and if a candidate is proven to be inelligible after signing the declaration they should be penalised via stiff fines or jail time. If not, we may be subjected to bi-elections more often than necessary and these elections cost the country lots of money and impact our political stability and reputation. The same should be the case for candidates running for office while under charges. If proven guilty, they should have to pay a fine to govt reimbursing the country for the full cost of the bi-election.
12;045
Are you saying that there is a possibility that more of our elected candidate might not be eligiable?
If that is the case, election officers should have to face the court as to why they accepted candidtaes to run for election, when knowing that they refused to fill in their declearation forms.
It sounds like we have a disaster onour hands, with the possibility of more of these candidates being illegally elected.
We need to thorghly investigate all of them that refused to fill in their declaration forms.
Errr… no they shouldn't have to face court. They had no legal authority to require the VOLUNTARY declarations to be completed in the first place. A refusal by the candidates could have been based on that fact alone.
Bye-elections or by-elections.
Tara, you won our hearts, but legal is legal. I think there is enough gray area on residency and UK studies (even if work study- being in the UK law training in a profession) but the US passport is cut & dry and 100% simple.
I'm an American married to a Caymanian and have not lived in the USA for 20 years. I vote here as a Caymanian and every June I file my taxes and I keep my US passport up to date.
You can easily give up your passport for political reasons and you had innocent motives and election evidence. If you kept your US Citizenship while running for office in Cayman, you simply are in the wrong.
I wish you the best.
Please read the Constitution. Caymanians born abroad who have a second citizenship due to where they were born do not need to renounce that citizenship to be eligible to stand in government. It is only those Caymanians who actively obtained a second citizenship who would have to do so.
As you said, legal is legal. So now please learn the law before you spout off.
That is good news. I stand corrected. I also consider Cayman my "home" but was born in the USA. Good to know those points. Thank you.
This is fine, provided (it seems) you do not hold, and have not held since adulthood, a United States Passport.
Anyone BORN in the US is not barred from being elected as an MLA – simply because they had NO CHOICE in their automatic US citizenship.
They are barred from being elected, if they kept their US citizenship. She should have done the honorable thing like Sharon, and renounce it.
There is nothing called automatic US citizenship, she had ample time to change that. She is almost 40 years for goodness sake!
Hold on. Sharon's explanation was that she renounced only because she did not acquire US citizenship by virtue of being born there and that if she had been born there she would not have needed to renounce. It may be that Tara's position was the same.
Nothing called automatic US citizenship?? Check the 14th amendment to the US Constitution..
I can see the hand of the "Big Mac" behind this action. I wish the law could stop dragging their feet and get him out of the public for awhile. They all knew this before the election and have waited until now to bring this sort of slander and scandal to our government. The law needs to do what it must to shut him and his supporters up permanently. The entire UDP needs to be dissolved and removed from our ranks.
Did you mean "small mac"?
Legally Tara, not the Petitioner, has to do the running on the Petition. It is not in dispute that she fails to meet the residency requirement unless she can establish an excpetion, and the burden of proving she falls within the exception will fall upon her. So keeping tight lipped is not going to work.
You go Tara, the people of West Bay voted for you instead of Velma, if we wanted her we would have voted for her. She should be ashamed of herself to want to cause this kind of disruption with all the issues facing this country. I say shame, shame on her and her husband for wanting something that was not intended for her. If we have to go to polls again, she will see if Tara took her votes.
Your point is very self-serving. Tara's failure/s (if any)to meet the candidates stated requirments are inspite of Velma.
I too voted for Tara beleiving her to be eligible to run in the election. I would truly be disappointed in her as a lawyer and a young educated West Bayer if she knowingly tried to break the law and fool the electorate.. Honesty and integrity applies to all candidates, without exception.
What a blight on her character and reputation if this is proven to be the case. How could anyone beleive her ever again. The morale of this story is: education does not make one honest or trustworthy, only trainable.
The fact that Tara Rivers REFUSED to sign the Declaration Form indicates to me that it was an issue she tried to circumvent and keep from light. Once elected she probably felt it would be a dead issue.
As much as I like Tara and voted for her I must still stand that the law is the law. Even though you may like someone and have trust in them to do a good job which I do in her, the law is still the law. Just because a person is a nice person and kills someone does not make it justified and in this issue of electability we must hold each candidate to a standard of accountability and honesty.
The Will of the People may be there to elect you but there are many who are not qualified to run that many would like to see get in but once again “the law is the law!!”
The courts will bare the final judgement. If found in favor of her then move on and do a great job. If not in favor trust me Tara you just rectify the issues and in 4 years no one can stop you!!
Sometimes laws are out-dated and non-sensical. Just because its a law does not mean its morally correct.
Agreed. But until the law is changed, you must abide by the law.
In response to my own post.
For example:
Sunday trading in Cayman. Internationally, Sunday trading is a 'norm' like in the US, UK etc.
Is it a law? Yes. Does it make sense? Not really.
Not relevant. Just apply the Law until it is changed. Picking and choosing when it suits is a disaster (as the last decade has proved).
Right! So we get to ignore laws we think are outdated or silly. And where do you think that stops? What do you say to the teenager who says banning ganga is outdated or silly. Or owning a gun without a licence. Or wearing a seatbelt? Or driving drunk? If you think a law is wrong, get the MLAs to change the law. But whilst it is the law, obey it or face the consequences.
My friend unfortunately sometimes the thumbs down on CNS are also out dated and non sensical and morally incorrect.
The law only applies to UDP candidates – everybody else can do what they want in order to win the election – we just don't want the UDP back in power.
Tara, whether, you are legally eleigble to run or not, please hold on to your seat no matter what. We just dont want the UDP to get another seat. To hell with country first.
Your best supporter.
Seriously!! The law should take a back seat for Tara and her supporters convenience? If Tara does not meet the candidate's requirement/s (though I hope she does ) she will be , and should be disqualified.
-A supporter of law and order [firstly].
A number of candidates refused to sign the purely voluntary declaration on the basis that the Elections Office had no authority to require it.
Hardly makes Cayman politicians look good does it?
Neutral.
You go Tara! So many, of us believe in you & want to stay right, where you are!
Tara is a bright young Caymanian who won her seat as second elected member for West Bay. Why this now. Caymanians need to stop fighting against their own. Give her the chance to be a great education minister.
Absolutely, but only if she was legally elected and legally holds that office. Regrettably, I am not convinced.
Did anyone notice that, unlike the situation after the last election, there was no one outside the court building behaving in a threatening manner to dissuade anyone from filing a protest? Different class of people altogether.
Don't count your chickens before they hatch. They are already saying they will march. If she is wrong, she is wrong. She is not above the law. OR IS SHE????????
Well, some West Bay politicians seem to be, so why not her?
well, the Country needs her to work. Not sure how productive she will be with all of this over her head, however, the challenge MUST be satisified.
Let's get this crap done and over with please, so the People can get back to working for the People.
OMG! Just when I thought it was safe to read the news and that all the campaign and election drama was over, this sh_t pops up!
I do not give a $@&# ifa candidate was born in Grand Cayman, the United States or the U.K. or Mars or Vulcan, or even Little Cayman for that matter…if they are good people let them stand for office.
The moron-implemented Constitution sucks. Always has and always will. For example: If an adult with superlative business and academic qualifications has political aspirations decides to get some practical experience in real governmental management in order to better lead this land and they take a civil service post in, say, the U.K or U.S government for a couple of years (730 days) they will be disqualified from running for office until 5.9 years has passed once their return to the islands. That could equal two terms depending on when elections are. That is beyond moronic!
The exceptions for allowable absence are equally stupid. If you are a flight attendant or seaman away earning money your time away is excused. But should God call you to be a missionary, your absence serving God and for the betterment of the world and its people could disqualify you. The same would hold true if you were volunteering your time in any humanitarian effort. I imagine that people have done stupider things than vote for a crummy ill-conceived constitution like ours but the only times I have seen more stupidity it is being done by morons like Lloyd and Harry in movies like "Dumb and Dumber".
Mackeewah and his minions were sons of the soil (swamp mud?) and we could not have been cursed with poorer leadership than they. What were the framers of the Constitution thinking? God knows that being a "born" Caymanian with no other passports …yada…yada…yada… is a crappy warranty that the person will be a better leader. They should have thunk a little harder.
And could someone please tell me what idiot decided that possessions of a travel document that one had a born right to possess would be a reason to disqualify a candidate?
So now, thanks to the disgruntled loosers, we have to endure yet more drama. Thanks Hewitt. Thanks McField. Nice job!
You beat me to it! :>)) Well said.
This could really shake things up, if Tara is removed and aUDP member gets elceted in a by-election Alden could easily be overthrown as Premiere. I guess since Steve is no longer receiving big bucks for being governments "legal consultant" he had to initiate a legal fiasco to earn some kind of pay cheque. Seems as though UDP members keeps Steve in business (Mark &Joke-Joke, Joke-Joke again, Rollie, Mac)
Umm…how exactly? The PPM has 10 members and it requires a 2/3 majority for a vote of no confidence. Virtually impossible to obtain. Adding an additional UDP member makes no difference whatsoever.
Is your calculator broken? How does removing one independent and replacing them with UDP project the UDP into a majority? Its not even close.
Laws are made for a reason so at the end of the day let the law decide if she should remain in house or not.
Fair. Fight and prove yourself.
Personally I voted for the candidates I felt could represent me best. Some of my choices were successful others weren't – but for the most part I am quite happy with how the new Government has sorted itself out.
If the Courts uphold the challenge, don't put us through the expense of a bi-election. Let her stay. Fine her big!!! Put the money in our coffers and let her get on with proving herself. I feel sure she will. But be wary of her duplicity when casting your vote in 2017.
Just do the right thing. That is what the country expected Bush to do, so you do the same. Sad what ppl will do for power!!
Mrs Rivers, if you have nothing to hide, then the truth will set you free.
Stevo is trying to use the 'votes thrown away' principle by claiming in the affidavit that it was "widely publicised" that Tara was disqualified on the basis of foreign citizenship and lack of residency. He must know that it is not correct to say that it was "widely publicised". There were a couple of allegations re residency in some online chatter but obviously that will not rise to the standard required, and the public at large was not aware of any issue to do with her being a qualified citizen. The bottom line is therefore is no way that Velma will end up being declared the 4th elected because of any default of Tara's. At worst there will be a by-election. And that is what the constitution requires whenever an elected member vacates her seat for reasons other than dissolution of the LA.
Yes it was widely publicized at the time that she didn’t not fill in her questionnaire. And now we know why she was so secretive. Go Steve! And I have yet to see another Caymanian attorney who knows the constitution better than him. And I don’t blame the hewitts either. Yes, do the right thing. People deserve honesty!
Way to go Tara this is one West Bayer that will stick by youI voted for you then and I will vote for you again . More than what I can say for the other members for West Bay.
If these people truly had the good interest of this country at heart, and not their own possible gain, they would not be putting the country through this at this stage! As the Hon Premier rigtly pointed out in his statement in support of Hon Tara Rivers, there is a lot of work to be done to get this country back on track and we definately don' t need this kind of distraction. If the Hewitts genuinely felt there was an issue then they should have brought the challenge before she was nominated. That said, I believe that Tara is a very smart woman who would not have put hereself forward without being sure in herself that she is secure in being legally elected. My prayers are with The Hon Minister, our govenment and our country. The distractors I leave to divine intervention and vengeance.
Excellent! Excellent! Excellent! Cayman is behind you Tara and you will be victorious in this! You are a fighter and we the people have faith in you to have done and continue to do what is right. It is a crying shame that we have such bitter losers amongst us who will resort to this sort of behavior.
"Vigorously oppose", why do lawyers never just "oppose"?
"As this is now an on-going legal matter before the Courts, I am unable to make any further statement at this time" – Of course you are Tara, there is nothing stopping you, just like there was nothing stopping you signing the questionnaire, you have not been forthcoming about these issues at all. I suppose that you don't think the ongoing case makes you unable to pocket your MLA salary?
Just "opposing" sounds weak and half-hearted. "Vigorously opposing" sounds like righteous indignation.
Obviously she can pocket her salary until and unless she has been found not duly elected. Given that she appears confident of her position why would she stop collecting it?
interesting that Tara is not saying anything about the allegations and also that she spent her three years inUK studying. The below is from Conyers website where she worked in 2009 after being called to the Bar in Cayman:
Professional Background
Education
It will be interesting to now understand how she was studying in the UK during that 3 year period of 2007 to 2009.
None of her educational or bar admissions, except when she was admitted to the Cayman Islands bar, were attained after 2006. So what exactly was she studying in the UK that she failed to put on her Conyers profile?
Exactly you are so correct
To:Submitted by Anonymous (not verified) on Fri, 06/14/2013 – 11:01. I would suggest that you reread the section on education in your post and then perhaps you may wish to delete your last sentence.Apparently Ms Rivers continued to further her education betwen 1992 and 2005,so it is indeed understandable that she may have continued this trend in 2007.
Except her web bio used to say she was an associate at the London firm. So she was working as a qualified lawyer, and was not a student.
No, that doesn't say that she was not also a student. That is your assumption.
I bet this is one occasion she wishes her resume wasn’t so readily available for the public. Ahhhh the Internet, can be a bad thing at times huh tara? But I must say, very interesting that she hasn’t any post of her studies since 2007. What gives? She failed her classes or was she stuck at work! Hmmmmm.
West Bayers clearly wanted an independent candidate. They should vote for Dwene, Andrea or Mervin. They are the only other independents in West Bay! Personally, I would prefer to see Dwene or Andrea. They are more qualified, experienced and educated.
I agree with you! I am a West Bayer and I’m not ashamed to say I voted for – Tara, Andrea, Dwene and CG. My spouse voted for – Dwene, Tara, Bernie and we argued about his last choice – Dalkeith. But were his choices. We both wanted independent thinkers.
The UDP are really scraping the bottom of the barrel now. They are so desperate, it's pitiful. They don't even seem to understand that Velma would not be moved up to fourth place, there would have to be a bi-election in West Bay. A very costly exercise. If Tara were not in the race, I think a lot of people who voted for her would not have voted for any UDP candidate, especially not Velma. Waste more of our money on yourselves UDP, it's all you are good at.
We will be watching mobile voting and "assisted" voting even more carefully, you have been warned.
Press on Tara. This crap is obviously coming from sore loser folks with less education and intelligence than you have.