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Drama or Comedy? No injunction against Crown - PNP

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  • #1

    Drama or Comedy? No injunction against Crown - PNP

    No injunction against Crown - PNP
    published: Wednesday | September 26, 2007

    Barbara Gayle, Staff Reporter

    Lawyers representing People's National Party candidate Harry Douglas took a legal point yesterday that Jamaica Labour Party candidate Tarn Peralto could not get an injunction against the Crown.

    Peralto, who was declared the winner, is seeking to bar Director of Elections, Danville Walker, from counting the ballots in two boxes for the St. Mary South Eastern constituency.

    When the hearing resumed yesterday in chambers at the Supreme Court, K.D. Knight, Q.C., and Glen Cruickshank,Q.C., argued that Walker and the reeturning officer were officers of the Crown. They said the law was clear that an injunction could not be granted against the Crown.

    The lawyers have asked senior puisne judge Marva McIntosh to uphold the preliminary point they have taken and dismiss Peralto's application so that the ballots can be counted.

    Time to respond
    Attorney-at-law Paul Beswick, who is representing Peralto, asked for an early adjournment yesterday in order to have sufficient time to respond to the legal point.
    The judge granted the adjournment until this morning.

    Peralto got a seven-day injunction this month which barred Walker from counting the ballots. The injunction expired last week Friday but will remain in place until the judge makes a decision in Peralto's application to have the injunction extended.

    After it was discovered that the ballots in the two boxes had not been counted, Peralto applied for an injunction. Walker had said that the two boxes had been taken along with other boxes to the Electoral Office, but there were no keys to open them. He said while waiting for the tool to cut open the locks, they proceeded to count other boxes and the two boxes were inadvertently stored with the counted boxes.

    barbara.gayle@gleanerjm.com
    "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."
    Tags: None
  • #2
    Originally posted by Karl View Post
    No injunction against Crown - PNP
    published: Wednesday | September 26, 2007

    Barbara Gayle, Staff Reporter


    After it was discovered that the ballots in the two boxes had not been counted, Peralto applied for an injunction. Walker had said that the two boxes had been taken along with other boxes to the Electoral Office, but there were no keys to open them. He said while waiting for the tool to cut open the locks, they proceeded to count other boxes and the two boxes were inadvertently stored with the counted boxes.


    barbara.gayle@gleanerjm.com
    Mr. Danville Walker, Director of Elections, man of highest integrity...words mean nothing?! ...not to be trusted?!

    Isn't this chap the one who orders PMs to call elections on his say so? ...on many radio talk-shows testifying and certifying the security and efficacy of the system?

    ...perhaps he meant the effect was one he could at will effect?! ...
    "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

    Comment

    • #3
      ...and...

      East Hanover seat in limbo
      published: Wednesday | September 26, 2007


      The re-examination of the magisterial recount for the Eastern Hanover constituency has been halted following an order granted late yesterday afternoon by a Court of Appeal judge.

      The stay was granted to allow a judge to have a full hearing today to determine whether Senior Puisne Judge Marva McIntosh had the jurisdiction to hear the application which was brought by Jamaica Labour Party candidate, Barrington Gray.

      Justice Algernon Smith granted the stay after hearing legal arguments from R.N.A. Henriques, Q.C., and attorney-at-law Harold Brady, who are representing Gray.

      No jurisdiction
      Justice McIntosh yesterday refused to grant the application. She ruled that she had no jurisdiction to grant the application for a judicial review. The judge granted leave for Gray to appeal against her ruling.

      Attorneys-at-law Gayle Nelson, Huntley Watson and Kent Gammon, who represent People's National Party candidate Dr. D. K. Duncan opposed the application, which was made in chambers at the Supreme Court.

      Duncan's lawyers argued that Justice McIntosh could not interfere when another judge was carrying out his function. They also argued that Gray should abide by the Representation of the People Act and bring a petition after the Resident Magistrate had made a decision in the matter.
      Duncan was declared the winner by 12 votes on Monday at the end of the initial recount in the Lucea Resident Magistrate's Court. After resident magistrate George Burton announced the outcome, Mr. Brady asked for an adjournment to appeal the outcome.
      "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

      Comment

      • #4
        do not mix it up Karl it was the not Walker but the head of the committee which suppose to oversea Walker and all election matters. He is a a very respect Professor, I can't remember the name right now.
        • Don't let negative things break you, instead let it be your strength, your reason for growth. Life is for living and I won't spend my life feeling cheated and downtrodden.

        Comment

        • #5
          Originally posted by Assasin View Post
          do not mix it up Karl it was the not Walker but the head of the committee which suppose to oversea Walker and all election matters. He is a a very respect Professor, I can't remember the name right now.
          Do blame Dr. Errol Miller!
          Do not even try it!
          Walker is the run off mouth guy that mess up.
          "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

          Comment

          • #6
            No.....it was Portia who messed up......as usual.

            Comment

            • #7
              Originally posted by Comment View Post
              No.....it was Portia who messed up......as usual.
              You're right she should not have held elections at that time! ...but, Walker claimed it MUST be held then, everything was ready! ...additionally his job was to make sure, once the election process began, to make absolute sure...not halfway sure...not 75% sure...100% sure! The man has been a joker particularly where - he is making calls on seats before final counting...he cannot read and cannot count - he has a certain number of boxes labeled - where is "x" represents the actual total number of boxes in a constituency - 1 out of x, 2 out of x, and so on...and, he does not realise boxes are missing...and to compound it he said that he knew that the boxes were with those counted...safe and secure in his possession and or other authorised authority...he saw the boxes at that late stage and never counted and or apparently now does not want the boxes to be counted as his statements public statements after he recognised the boxes were not counted is trending to suggest that the boxes could have been tampered with...

              ...the question is by whom could such tampering have taken place - those who had all the boxes in their possession? ...or by himself? The man is an ass! ...and, possible where this is concerned either a lair or a thief...or both liar and thief!
              "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

              Comment

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