Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • 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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • 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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • 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
    Police investigates homicide in Akers
    Press Release
    Police investigates homicide in Akers
    Jada 
    November 7, 2025
    November 7, 2025 – Kingstown: The Royal Saint Vincent and the Grenadines Police Force has launched an investigation into the circumstances surrounding...
    KFC SVG Celebrates 10 Years of Continuing a Legacy
    Press Release
    KFC SVG Celebrates 10 Years of Continuing a Legacy
    Webmaster 
    November 7, 2025
    This November marks a special milestone for KFC St. Vincent & the Grenadines; 10 years since the iconic brand returned to Kingstown, reigniting a thre...
    ULP, NDP sign Code  agreeing to peaceful,  fair General Elections
    Front Page
    ULP, NDP sign Code agreeing to peaceful, fair General Elections
    Webmaster 
    November 7, 2025
    The Unity Labour Party (ULP), and New Democratic Party(NDP), have signed the General Elections Code of Conduct agreeing to keep the peace in the run-u...
    Monday, is  Nomination Day in SVG
    Front Page
    Monday, is Nomination Day in SVG
    Webmaster 
    November 7, 2025
    Candidates who will be contesting the November 27, 2025 general elections in St Vincent and the Grenadines (SVG), will hand in their nomination papers...
    Media  visionary, Paul  McLeish dies
    Front Page
    Media visionary, Paul McLeish dies
    Webmaster 
    November 7, 2025
    St Vincent and the Grenadines (SVG) has lost one of its iconic media visionaries with the death of Paul MacLeish who passed away on Tuesday, November ...
    No reports of political  violence say ULP, NDP
    Front Page
    No reports of political violence say ULP, NDP
    Webmaster 
    November 7, 2025
    Director of the Institute of Governance and Politics of Latin America and the Caribbean Augustine Ferdinand, and Chairman of the New Democratic Party(...
    News
    Duo charged with multiple offenses
    From the Courts, News
    Duo charged with multiple offenses
    Webmaster 
    November 7, 2025
    Two young men who have been charged for allegedly attacks against a police officer and use of indecent language pled not guilty when they appeared sep...
    Participants ready to make use of Financial literacy training
    News
    Participants ready to make use of Financial literacy training
    Webmaster 
    November 7, 2025
    Persons who attended a two-day Financial Literacy workshop for Micro, Small and Medium Enterprises (MSMEs) organised by the Centre for Enterprise Deve...
    ULP new candidates blaming government for constituency failures, says Dr Friday
    News
    ULP new candidates blaming government for constituency failures, says Dr Friday
    Webmaster 
    November 7, 2025
    Leader of the New Democratic Party (NDP), Dr. Godwin Friday said first time candidates of the Unity Labour Party (ULP) are distancing themselves from ...
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    News
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    Webmaster 
    November 7, 2025
    This week saw 17 children from across the Eastern Caribbean (EC) and Barbados receive life altering surgeries that mark the beginning of new chapters ...
    Roads are like craters says Cummings
    News
    Roads are like craters says Cummings
    Webmaster 
    November 7, 2025
    Chairman of the New Democratic Party (NDP) Daniel Cummings continues to complain about the condition of roads in his constituency. Cummings, the incum...

    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