Chief Justice Sir Burton Hall today discounted 29 votes that were cast in the MICAL election on May 2, including the ballots of former Member of Parliament Vernon Symonette and the mother of Minister V. Alfred Gray.
After hearing intense testimony over a period of two months, Chief Justice Hall ruled that the 29 voters should not have voted in the Mayaguana, Inagua, Crooked Island, Acklins and Long Cay constituency because none of them were ordinarily residents there.
Member of Parliament for MICAL, V. Alfred Gray said he remains confident that he will hold on to that seat.
Minister Gray claimed today that 15 of those 29 voters voted PLP while the other 14 supported FNM candidate Johnley Ferguson.
He claims that if his calculations are correct, he would still win by three votes.
The Free National Movement challenged 16 ballots, and the Progressive Liberal Party challenged 14.
Both sides had previously agreed that one of those ballots should be disqualified because it was determined that the voter voted twice.
Presiding Justices, Chief Justice Sir Burton and Justice Jeanne Thompson have decided to scrutinize the votes cast, so that the results of the poll can be adjusted.
Since the case began on October 15, the election court has heard evidence of the events, and people involved in last year’s election to determine whether the results should be scrutinized.
Lawyers for both sides say they expect that the illegitimate votes will be removed, and that there will be a recount.
In his submissions to the court on December 16, Mr. Ferguson’s attorney, Michael Barnett, asked that a scrutiny be conducted to determine if any votes were ineligible, and that a recount be undertaken.
Mr. Ferguson had at that time, challenged the eligibility of 24 voters to participate in the MICAL election. In his submissions, Mr. Barnett admitted that Mr. Ferguson had not proved his case against six of these voters.
Mr Gray had challenged the rights of 44 voters, at the time, but conceded that he had not proven its case against two of these.
Mr Ferguson entered the court this morning alongside FNM leader, Tommy Turnquest, deputy leader, Dion Foulkes and a group of top FNM officials.
Mr Gray emerged moments later and took his seat in the courtroom. Justice Hall said that the issue of the voters’ residence and their eligibility to vote in MICAL is a case of genuine mistake, and not a fraudulent attempt to secure a victory.
Deputy director of legal affairs in the attorney general’s office, Milton Evans, told the Bahama Journal that the court will hear submissions about how the scrutiny should be done.
Mr Evans said the illegitimate ballots need to be removed and recounted, without indicating how residents voted. He said by the end of next week the winner should be known.
The case has been adjourned to Tuesday, February 25 at 10am.
A court document released today said that the following persons who cast ballots in the MICAL constituency during the general elections of May 2 were not entitled to have done so as none was “ordinarily resident” in that constituency within the intendment of the Act: Florence Jane Bain; Lester Frank Bain; Melanie Bodie; Randolph Wellington Burrows; Latoya Burnadette Cartwright; Shavanda Rashelle Clarke; Maybell Collie; Duedanae Lean Nyoka Cox; Vera Darling; Delerease Esterene DeCosta; Robertha Valeria Deveaux; Albertha Ferguson; Florenia Ferguson; Hudell Emmanuel Ferguson; Norl John Gibson; Earnel R. Heastie; Kishlene Cornella Knowles; Sinclair Vincent Mithcell;
Travette Pyfrom; Rhoda Rodriquez; Dyke Rolle; Althinese Ruth Scavella-Burrows; Firstina Geletha Stephens; Manley Bradley Stephens; Deone Symonette; Phyllis Symonette; Vernon Symonette; Mario Virgil; Tamara Shenique Virgil.
By Rogan M. Smith, The Bahama Journal
