For the past few weeks, the legitimacy of Elvin Penner's seat in Cayo Northeast had been hotly contested in the Supreme Court. Well today, the election petition, which was filed against him by the PUP's Orlando "Landy" Habet, was struck out of court. This petition becomes the 3rd one to be dismissed by the Supreme Court.
Penner's attorney, Rodwell Williams, made an application to strike out the petition based on the grounds of improperly filed petition documents.
He argues that due to time constraints, parts of the final petition document were improperly filed, and Williams even submitted to the court that Habet's attorneys simply, quote "cut and pasted" sections of a draft petition and presented it as a new one.
After more than a week to consider the case, Justice Hafiz-Bertram agreed with Williams, and she struck the petition out this afternoon.
With that, this matter came to an end, and we spoke to both sides outside of court about what could happen next.
Here's what they had to say:
Rodwell Williams, Penner's Attorney
"That petition indeed was struck out by the court today and the primary reason for it being struck out is because that petition was a nullity in that on the 10th April the same petition was filed with some modification with the same petition by the same petitioner same date and that was an attempt to comply with the court's order which obviously failed because that petition was at that date and at that time struck out. So it was in my view really an attempt to deceive the court and that the court recognizes that and today struck it out once more."
"I had an opportunity to read in some detail the judge's written reasons for her decision and she determined that it was not a draft as was sought to be argued or was in fact argued that it was a petition that was filed, not a draft of a petition and it was a full petition intitule with the number of the petition on it; the case number and so on signed dated. So it was not a draft. A draft is something different."
Anthony Sylvestre, Habet's Attorney
"The judge came to the decision that the election petition which was presented, it was defected in some respect and based on those defects she decided to strike out the petition and of course at this juncture we haven't read the entire judgment, we have only listen to a summary of the judgment, summary of the decisions. What would have to take place after this is for us to consult with the client, go over the detailed reasons given and then make a decision as to a way forward."
"You will recall and I think this may have been lost in all the entire process is at the time the application was heard for leave it was heard in the afternoon on the last day and we were given an hour within which we were supposed to actually have the petition be presented and in the circumstances that's basically the backdrop to where we left and we were able to present the petition at 5pm, having regard to the decision the judge had made and the fact that she allowed us that one hour time frame within which to present the petition having given leave."
Daniel Ortiz
"What's the situation with the appeal on the grounds of the bribery which you guys had filed at the appeals court?"
Anthony Sylvestre, Habet's Attorney
"That still remains and so we look at all of those aspects of the proceedings which can still be appeal. This is a matter that certainly can be appeal but as I said no decision has taken in regard to whether it will be appeal or whether it won't be appeal. That has to be taken after consulting the client and after looking at it in more detail."
Rodwell Williams, Penner's Attorney
"Let's assume yes it can be appeal and let's assume its appeal and a court of appeal decide something, the time has passed, not even the court of appeal has power to give further time to file a new petition. So in my view that is effectively the end of this matter."
Along with her decision, Justice Hafiz-Bertram also awarded Penner and the Returning Officer $10,000 dollars in costs.
The only petition remaining is the one lodged against UDP Albert Area Representative Herman Longsworth. No date has been announced for the verdict.
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