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Chief Elections Officer - Did AG Advice Put Her in A Position of Contempt?
posted (April 8, 2019)
And the frenzied preparations for the referendum, which has now been postponed, placed Chief Elections Officer Josephine Tamai in the crosshairs of the PUP.

You'll remember that email that she sent last week to all public officers shortly after the Chief Justice handed down the injunction.

It said, quote, "Based on legal advice, please proceed with all plans unless directed otherwise… We need to be fully prepared in the event that the court informs that we proceed on April 10th."

She and her team were simply trying to be cautious and prepared in the event that the Government could reverse the injunction, but the PUP accused her of acting in contempt of court.

That formed one of the grounds that they used to try to convince the Court of Appeal judges to refuse the Government's expedited appeal. We asked the Attorney General about it this afternoon, and he's told us that he was the one who gave the Chief Elections Officer that legal advice. Here's how he explained why she is not in contempt of court:

Hon. Michael Peyrefitte - Attorney General
"According to him, Miss Tamai was in contempt of court when she continued the preparations for the referendum on April 10th. Miss Tamai sent an email said, based on legal advice - which she got from me, personally. She called me on the phone, and I gave her the advice that the Chief Justice had only said that the referendum could not be held on April 10th. The Chief Justice clearly also said that there are 3 Court of Appeal judges resident in the jurisdiction, and that clearly, he was anticipating a quick appeal. At no time did the Chief Justice say that preparations for the referendum should stop. And in light of the fact that it is very likely - possible - that the Court of Appeal could, if it so decides, reverse the Chief Justice's decision today, then, it would be a different comment had the people stopped the preparations, only to have a referendum April 10th, and not be ready. So, it was my advice for her to be ready, in the event, that the referendum will still be held on April 10th."

"I think it's a non-starter, to be honest with you. I think it's more for sensationalism than anything else. But I don't think that - and they've already given indications that they may - may - abandon that argument. So, it's neither here nor there, as far as I'm concerned. She was not in contempt, clearly not in contempt. I would not have advised her to be in contempt."

WE note that the government's election machinery involving hundreds of public officers going all over the country was already in place with arrangement for lodging, food and other necessities already made. And while all that will have to go through a veryu hard reset, not so for students. Wednesday remains a non school - meaning that there will be no school on Wednesday, despite the fact that there will be no referendum.

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