Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
Accept evidence of breach of secrecy – QC
Stanley "Stalkey" John QC
From the Courts
March 8, 2019

Accept evidence of breach of secrecy – QC

Evidence submitted on the issue of breach of secrecy must be accepted by the court, as the respondents have not responded to the claim.

This is the position of the petitioners which was put forward by Stanley “Stalkey” John QC, lead counsel for petitioner Benjamin Exeter during oral submissions on Wednesday.

The submissions were intended to highlight or expand on arguments submitted to Justice Stanley John, former Trinidadian Court of Appeal judge, in the parties’ written submissions.

John explained that the pillars of the petitioner’s case were that there were defective ballots, unavoidable breach of secrecy, failure of the respondent to defend and failure of a paper trail.

However, the lead counsel seemed to direct his magnifying glass on the issue of unavoidable breach of secrecy.

Referring to respondent Winston Gaymes, the QC told Justice John, “The legal consequences of him not showing, the legal consequences of him not responding to the evidence, the legal consequences of no presiding officer, not a single one, having anything to say about this evidence…that your Lordship’s hands are tied. Your Lordship cannot be dismissive in much the same way that Mr Gaymes and the presiding officers have been dismissive.”

He said that no evidence was offered in response to the pleadings on unavoidable breach of secrecy, “none whatsoever.”

Therefore, the petitioners say that the respondents did not address whether the presiding officers unavoidably saw for whom voters voted.

The evidence of Shirlan ‘Zita’ Barnwell and Exeter were brought to the fore by John, who reminded that in Barnwell’s witness statement she observes that based on the way the crease was on the ballots at the final count, it seemed as if the ballots were folded in a certain way.

“The crease therefore would indicate conclusively whether they were folded in such a way as to obscure” the initials and stamp of the presiding officer on the ballot, Barnwell stated.

The petitioners claim that there was little space between the space that the voters put their mark, and the line which says do not fold beyond here. They contend because of the lack of space and the crease observed, there would have been a breach of secrecy in the effort of the officers to affirm that the stamp and initial they put on the ballot before voting was there, and therefore that that was the ballot they had issued.

John spoke of the photographs that Exeter took with his smartphone which show some ballots at the final count. Exeter also notes from his observations that the ballots would have to be unfolded to determine that the stamp and initials were there, therefore breaching secrecy.

Lead counsel for the 1st, 2nd and 4th respondents, Douglas Mendes SC, argued that there is no case for them to respond to. He also noted that the witness summary of Gaymes was not before the judge and should not be relied on by the petitioner.

“Just saying by itself Mr Gaymes did not turn up, just saying by itself the presiding officer did not turn up, does not prove anything if you yourself have not put into evidence,” a prima facie case, Mendes put forward.

“He must first have a case, before he can say that the absence of the witness buttresses it,” he reiterated.

He then went on to clarify his submission that there was no case submitted by the petitioner.

Looking at the wording of the pleadings of the petitioner, he noted that it said, “If the presiding officer folded the ballot to the line marked do not fold beyond the line,” they could only have verified that it was the same ballot by folding it back.

The use of the word “if” in the beginning shows that it is a presumption Mendes stated.

He then turned to the evidence of Barnwell, and noted that she said that the crease would indicate whether the official mark was obscured. He revised an exercise he embarked on in court wherein a photocopy of a ballot was folded in the same way that Barnwell described in the witness statement and the mark could still be seen. The petitioners have rejected that “contrived exercise” as they say this was one of hundreds of ballots.

In the case of Exeter, he stated, “Exeter interpreted the instruction do not fold beyond this line…he has interpreted it to mean fold right up to this line.”

The respondents contend that the ballots do not have to be folded up to the line which says “do not fold beyond this line”, that they could be folded below the line and comply with the regulation.

Mendes said Exeter didn’t give evidence on anything he saw, and that he said “I contend” and “it would be possible to determine” by inspection of the ballots if they were folded in the manner the petitioners said they would have been.

The petitioners have two other witnesses, one that says he saw the presiding officer lift the fold on “several occasions,” and another that says the presiding officer pulled back the fold an inch to herself, wide enough to see how they voted.

Mendes stated that this was the only evidence that the officer could have seen the way several persons voted.

He submitted that what the petitioner was saying was that out of 15 polling stations, one presiding officer could have seen the way someone voted on several occasions.

  • FacebookComments
  • ALSO IN THE NEWS
    Mangrove destroyed in conservation area – Opposition Leader
    Front Page
    Mangrove destroyed in conservation area – Opposition Leader
    Webmaster 
    September 4, 2026
    OPPOSITION LEADER Dr. Ralph Gonsalves said that while people are focused on the sale of Chatham Bay, Union Island, there is an environmental massacre ...
    Prime Minister Friday defends sale of lands at Chatham Bay
    Front Page
    Prime Minister Friday defends sale of lands at Chatham Bay
    Webmaster 
    September 4, 2026
    CHATHAM BAY, Union Island is worth protecting, but protecting it does not mean it cannot also deliver value for the people of St Vincent and the Grena...
    HIV/AIDS advocate says he was fired
    Front Page
    HIV/AIDS advocate says he was fired
    Webmaster 
    September 4, 2026
    HIV/AIDS advocate and educator Winfield Tannis- Abbott, is claiming political victimization after his position as Aids Coordinator for Public Sector E...
    FBI to visit SVG says Leacock
    Front Page
    FBI to visit SVG says Leacock
    Webmaster 
    September 4, 2026
    PERSONNEL ATTACHED TO the Federal Bureau of Investigation (FBI) are expected to be in St Vincent and the Grenadines (SVG) soon according to Minister o...
    Friday and Gonsalves honour Allen
    Front Page
    Friday and Gonsalves honour Allen
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr Godwin Friday and Opposition Leader Dr Ralph Gonsalves crossed party lines to deliver deeply moving tributes to Alpian Allen’s endur...
    Daughter eulogised her dad whose “heart was right with God”
    Front Page
    Daughter eulogised her dad whose “heart was right with God”
    Webmaster 
    September 4, 2026
    DR JANELLE ALLEN, spoke with love and nostalgia of her dad Alpian Allen, who always made time for his family and prayer. She was delivering the eulogy...
    News
    Report wrongdoing by police – acting deputy COP
    News
    Report wrongdoing by police – acting deputy COP
    Webmaster 
    September 4, 2026
    COMMENTS of “nothing is done” when civilians report acts of wrong doing by members of the Royal St Vincent and the Grenadines Police Force (RSVGPF) ha...
    Current revenue declined in 2026 second quarter
    News
    Current revenue declined in 2026 second quarter
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr. Godwin Friday, on Thursday, August 27, 2026 told the House of Parliament that there was a decline in current revenue received for t...
    Electrician charged with multiple offenses
    From the Courts, News
    Electrician charged with multiple offenses
    Webmaster 
    September 4, 2026
    A 44-YEAR-OLD electrician of Belair charged with multiple offenses, was granted EC$10,000 bail with one surety when he appeared at the Serious Offence...
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    News
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    Webmaster 
    September 4, 2026
    STUDENTS OFTHE St Joseph’s Convent Kingstown, took the top three places in the third annual Secondary Schools’ Art competition organised by theYoulou ...
    Nephew pays tribute on behalf of North Leeward
    News
    Nephew pays tribute on behalf of North Leeward
    Webmaster 
    September 4, 2026
    THE NORTH LEEWARD community celebrated the legacy of their former Parliamentary representative Alpian Rudolf Otway Allen, remembering him as a devoted...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok