Nevis opposition wins major election petition case

Mark Brantley

The opposition party in Nevis has won a major court victory after the Eastern Caribbean Supreme Court ruled that election of Hensley Daniel – Deputy Premier of the Nevis Island Administration – is null and void.

The matter was taken to court in an election petition by Mark Brantley – Deputy Leader of the Concerned Citizens Movement (CCM) following the July 2011 Local Elections in Nevis – during which the Nevis Reformation Party (NRP) won three seats against the CCM winning two.

The election petition launched by Brantley claimed that his opponent had won by the illegal removal of 203 names from the Voters’ List in the St. John’s Constituency.

He also claimed that his constitutional right to freedom of expression was breached when he was denied access to the Nevis Newscast for coverage of his party’s events.

At the Nevis Circuit Court, Justice Lionel Jones agreed with Brantley and ruled that his right to freedom of expression was breached and the election of Daniel was null and void.

This means that with immediate effect, Daniel, who is also the Deputy Leader of the incumbent NRP, would have to vacate his seat and all Cabinet positions held by him since the election.

The matter began unfolding last year when Brantley took the case to court and the judge agreed with his argument that due to certain irregularities over 200 people were not allowed to vote making it favorable for Daniel to win in the St. John’s Constituency. The judge declared the results void.

However this was appealed by Daniel.

The appeal was heard in March and the final result was given on Monday.

Senior Counsel, Anthony Astaphan, was one of many attorneys representing the Nevis Island Administration in the matter.

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22 Comments

  1. DOM
    August 29, 2012

    Nevis and some other islands are much more forward than the Dominica. No one is above the constitution, the constitution is the laws of the land. This sort of stuff has happened in Dominica and will continue to happen. However the opposition party in DOminica is far from being able to present the facts in a manner that would be taken seriously by anyone. So Dominica is doomed.

  2. Blue Ray
    August 29, 2012

    I tip my hat to the judge.

  3. cool running
    August 28, 2012

    You mean to say that Tony could not deliver it this time? Although I know the Guyanese judge was not present but I find it strange Astaphan did not pull it off.
    If my memory serves me right, Nevis is still under the British flag and as a result the judge had to be careful to ensure that the constitution of Nevis was still in tact, unlike the macaque that is happening in Dominica.

  4. Doc. Love
    August 28, 2012

    I am very pleased that some form of justice is being ascertained when certain Governments decide to trample on the constitution.I am also very happy that Astaphan has eventually lost a case dealing with elections.The manner, judgement has been depensed in favour of Tony as regards electoral practices, I get the impression that this lawer is infallible. Presently,DBS radio has not acted in good faith when it comes to the usage of radio time involving the opposition UWP party. I hope this judgement will send a clear message to the Board of Management of DBS radio that if it continues to disallow any constituted opposition political party access to the national radio station,it might cause the ruling party to loose the next general elections through the courts.

  5. Morihei Ueshiba
    August 28, 2012

    Isn’t this the same case we have in Dominica and dem fellas throw it out. No wonder our country cannot progress. :lol:

  6. Aye Dominique
    August 28, 2012

    Imagine that, little Nevis is doing better than us. These are not the very same irregularities we have been crying fowl on for the last 2 elections? Shame on Dominica!

  7. August 28, 2012

    Oh Whaw! Cograts to Mark Brantly and the wonderful people of Nevis, my father’s native land. The famous SC A.A got hit hard and a wake-up call of reality. Wonder what strategy he is going to employ when he defends the illegal PM. For too long now the wheels of justice have been turning in the wrong and unGodly direction on our beloved island. I am confident that one day, our country will be free from all the perverse court rulings supported by those corrupt and greedy lawyers, so help us God.

    • Anonymous
      August 28, 2012

      You love the theory of probability!!! :mrgreen:

    • lil
      August 28, 2012

      i new you would tie it with dominica. thats where you all contiue to loose focus. just note the dynomics is vas different. tony is a SC and that you all cant take away from him. he did not place it on him self. so dont vex with him for his achievement in his life. LOOK FOR YOURS.

  8. Back N neck
    August 28, 2012

    Where was the Guyanese judge on that one.

    No mamaguy on that one. Time will tell

  9. Anonymous
    August 28, 2012

    Oh my! The SC A.A got hit hard and a wake-up call this time. Congrats to Mark Brantly and the people of Nevis, my father’s native land! Wonder what strategy he’s going to employ when the PM’s case convenes in session. For too long now the wheels of justice has been turning in the wrong direction in our beloved country. I am confident that the day will come when the country will finally be free from all these perverse court rulings supported by corrupted and greedy lawyers.

  10. Chocolat
    August 28, 2012

    Only in DA Astaphans winning cases man? Our Dominican legal system is all about the money. But Justice Shall Prevail.

  11. MARIGOT
    August 28, 2012

    OKAY THE WHEELS OF JUSTICE IS TURNING :-D

  12. Anonymous
    August 28, 2012

    Oh my! SC A.A got hit hard this time and a wake-up call. Wonder what strategy he’s going to use when the illegal PM’s turn gets in session. Congratulations to Mark Brantly and the people of my father’s native land, Nevis! It’s high time now for the wheels of justice to spin in the right and Godly direction in our country . The SC has had it all wrong for the longest time. I’ve said it before, and will say it again, Dominica can only endure so much for so long. May the good Lord help us in the court of law before it is too late.

  13. SOUTH
    August 28, 2012

    TONY ASTAHANS ALL YOU HEAR WHO WAS REPRESENTING.
    :lol:

  14. El Presidente
    August 28, 2012

    This is like a wake up call…if you remove people on the electoral list make sure you don’t disenfranchise these people.

    Every citizen regardless if they have been out of the country and have never voted, they are still constitutionally bound to be part of the electorate.

    I see trouble down the road if we just decide to remove who we want from the list.

    Having said that, the list needs to be updated yearly or which ever method they choose.

    • Met Yo
      August 29, 2012

      MJ why you trying to mix St Kitts issue with Dominica issue? Why allu like to ignore what the constitution says with respect to persons being out for more than 5 years? stupse

  15. Justice Shall Prev..
    August 28, 2012

    Yes Justice Shall Prevail… That is why I strongly believe there is merit in the United Workers Party (UWP) decision to challenge the fraudulent general elections of december 2012… That is why every abled Dominican must throw their support behind the UWP in their Fight for Justice.

    Anthony Astaphan new he lost the case in Dominica like he just lost this case in Nevis… never mind, the sun must shine again but this time it will not rise with blood… Only time will tell…

    Workers… Uniting Dominicand for Democracy and Development… :wink: :wink: :wink:

    • Justice Shall Prev..
      August 28, 2012

      please note i meant decemder 2009 and not december 2012 :wink:

    • Name
      August 28, 2012

      amen to that

  16. Anonymous
    August 28, 2012

    Tony Boy only in Dominica you can win cases

  17. Met Yo
    August 28, 2012

    Tony lose that case.

    He better lose the won in Dominica too.

    Null and Void …lol

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