Election petitions case to resume in September

THE ELECTION PETITIONS, filed by the opposition New Democratic Party (NDP) are scheduled for resumption in the High Court between September 24 and September 27, 2018.

The NDP brought the two petitions challenging the results in the Central Leeward and North Windward constituencies in the December 2015 general elections, after the Unity Labour Party (ULP) won the elections, taking eight of the 15 parliamentary seats.

The petitioners in the matter are candidates for the NDP Lauron Baptiste and Benjamin Exeter, while the respondents are supervisor of elections Sylvia Findlay-Scrubb; successful ULP candidates Montgomery Daniel and Sir Louis Straker; returning officers Vil Davis and Winston Gaymes; presiding officers Veronica John and Kathleen Jeffers.

The High Court, in a letter dated April 19, has given the parties involved several tasks to complete before the trial’s date of resumption and several rules to abide by during the trial.

Among those tasks are: the parties shall file and serve standard disclosure on or before May 10 2018; the parties shall file and exchange witness statements and/or witness summaries on or before June 7 2018; the parties are to file and serve on or before June 19, 2018, any application for leave to file supplemental and additional witness statements and /or summaries, for the singular purpose of responding to any assertions, which arise on an opposing party’s witness statements/summaries and which could not reasonably have been anticipated from the pleadings.

Both parties have also been asked to file and serve on or before June 19, 2018 any applications or motions to strike out any portion of an opposing party’s witness statement/ summary and to file and serve any other applications on or before July 31, 2018.

Also, the parties involved are to file and serve a pre-trial memorandum on or before July 2, 2018 while a pre-trial review is scheduled for July 12, 2018. A status hearing will be held on September 17, 2018.

The High Court letter also notes that all witnesses shall attend the trial for cross examination unless such attendance has been dispensed with by notice in writing by the other sides.

The estimated length of trial for witnesses to be called and testimony received from those witnesses is approximately four days while both parties have the liberty to apply on or before July 27 2018, for leave for a party or witness to attend the trial via Skype.

Petitioner Baptiste is at liberty to call no more than 100 witnesses while petitioner Exeter is at liberty to call no more than 150 witnesses. Respondent Davis is at liberty to call no more than 100 witnesses while respondents John, Daniel, Findlay-Scrubb, Gaymes and Jeffers are also at liberty to call no more than 100 witnesses. Respondent Sir Louis Straker is at liberty to call no more than 150 witnesses while the respondent Attorney General Jaundy Martin is at liberty to call no more than five witnesses.

The letter says that the court is mindful of its duty to adopt a posture which would prejudice neither the petitioners nor the respondents. It also says that non-compliance of the timelines stated in the order will attracted wasted costs sanctions.

The trial will be presided over by Justice Esco Henry. In 2016, Justice Brian Cottle threw out the petitions, ruling that they were improperly filed. However, a ruling of the Court of Appeal of the East Caribbean Supreme Court restarted the entire court process, after an appeal by the NDP was upheld on the grounds that a statement made by Cottle had the appearance of alleged bias.

JUDGE Esco Henry

LAURON BAPTISTE

BENJAMIN EXETER