BASSETERRE, ST. KITTS, JULY 22ND 2010 (CUOPM) – Prominent lawyer, Dr. Henry Browne, who is representing the Hon. Glenn Phillip, who won the St. Christopher #4 Seat in the January 25th General Elections, contends that the arguments in the petition by the defeated People’s Action Movement (PAM), Leader, Mr. Lindsay Grant “are incurably bad and totally uncorrectable at this stage.”
Browne made the comment on Wednesday at the end of day one of a hearing at which he and the lawyer for the Supervisor of Elections, prominent Dominica lawyer, Mr. Anthony Astaphan, S.C. and Mr. Arudranauth Gossai, for three members of the Electoral Commission, are seeking to have the petition struck out before the matter goes to a full hearing.
“We have issued a preemptive strike to knock the petition out. That is what this issue at bar is about,” said Browne.
He said the lawyers representing Mr. Phillip and the other respondents are confident that the various charges in the petition alleging corruption, bribery and treating are sound in criminal law and could not be made out at all because “several accusations are of limited scope and each lack specificity to the extent that the allegations are so vague against my client.”
“There is no way that he can begin to understand what he has to answer and there is a fundamental precept of any charge against the man which exposes him to prison or any other like punishment must be pleaded with a specificity that it leaves no doubt in the mind of the client as to what his answer should be.
He has to frame his defence based on the allegations made against him. For example you cannot say diverse persons from various countries were bribed to come into St. Kitts and Nevis in order to vote for him to prevent Mr. (Lindsay) Grant from winning, there is really no basis for this scurrilous charge,” said Dr. Browne.
He pointed out however, that in the unlikely event that the learned judge does not agree with the entire argument, the respondents have a second strike to look at the evidence to see if the evidence connects with the allegations in the petition.
Senior Counsel Anthony Astaphan said he was happy with the written and oral submissions by himself and Dr. Browne Wednesday and looks forward to the response by Mr. Grant’s lawyer, Mr. Terrence Byron.
Mr. Astaphan described as nonsense Mr. Grant’s allegation of collusion between the lawyers representing the respondents.
“That I thought is nonsense and I think that they appreciate it is nonsense, that was just being political. They were trying as usual to taint the relationship between myself and Dr. Browne and were trying to show that it is all part of a conspiracy of all parts of the government and the State to corrupt the election process. In my view it is just to state the obvious that such an allegation is totally, totally, nonsensical and absurd to suggest that there is collusion on my part or Dr. Browne’s part or anyone’s part in relation to the preparation of this case. We are professionals,” said Mr. Astaphan.
He said there were allegations made against all of the respondents and there was an obligation as officers of the Court to meet and discuss the matter and agree on other matters."
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