PNM: Why Gypsy, Chaitan should not be MPs
December 13, 2000
Full text of the PNM’s letter to President Arthur NR Robinson:
Your Excellency,
Arthur N R Robinson
BY notice given to the electoral districts of Ortoire/Mayaro and Pointe-a-Pierre on 5th December 2000 and settled by our attorneys, the candidates for the People’s National Movement Messrs Franklin Khan and Farad Khan in each electoral district gave notice to the electors that the party had been advised that the nomination of the candidates for the United National Congress Messrs Winston Peters and William Beharry Chaitan in these electoral districts was void.
The results of the poll so far indicate a majority of votes cast for United National Congress in the electoral districts at the general election. These results are crucial to the ability of any political party to form a majority in the Parliament.
We have been advised by counsel to proceed immediately for leave to file representation petitions to challenge and overturn the results of the voting so far indicated for the United National Congress candidates in those two electoral districts on the grounds that:-
a. In the case of Mr Winston Peters he was on nomination day November 20, 2000 a citizen of the United States of America, having acquired that citizenship voluntarily. On nomination day, Mr Peters was also under a declaration of allegiance to the United States of America. By reason of these matters we are advised by counsel that Mr Peters was by law, both under the provisions of the Constitution and the Representation of the People Act Chap 2:01 incapacitated and disqualified from being nominated as a candidate for the Ortoire/Mayaro seat or any seat and in consequence is incapacitated and disqualified from being elected as a member or Parliament as nomination is a condition precedent to election.
However, in the statutory declaration required by the election rules to indicate that he was duly qualified to be elected, Mr Peters swore that he was not by virtue of his own act under any acknowledgement of allegiance, obedience or adherence to a foreign power or state. These statements were false and on the basis of their falsity the Returning Officer declared Mr Peters’ nomination valid.
b. In the case of Mr William Beharry Chaitan he was on nomination day, November 20, 2000 a citizen of Canada, having acquired that citizenship voluntarily. On nomination day, Mr Chaitan was also under a declaration of allegiance to Canada. By reason of these matters, we are advised by counsel that Mr Chaitan was by law, both under the provision of the Constitution and the Representation of the People Act Chap 2:01 incapacitated and disqualified from being nominated as a candidate for the Point-a-Pierre seat or any seat and in consequence is incapacitated and disqualified from being elected as a member of Parliament as nomination is a condition precedent to election.
However, in the statutory declaration required by the election rules to indicate that he was duly qualified to be elected, Mr Chaitan swore that he was not by virtue of allegiance, obedience or adherence to a foreign power or state. These statements were false and on the basis of their falsity the Returning Officer declared Mr Chaitan’s nomination valid.
The fact of this incapacity of Messrs Peters and Chaitan to be elected within the meaning of section 48 of the Constitution of the Republic of Trinidad and Tobago means that the High Court is entitled to declare their elections void ab initio with the consequential relief being available for the candidates of the People’s National Movement being declared to have been validly elected. It will then be the duty of the Returning Officer to make a declaration in accordance with rule 108(3) of the election rules made pursuant to the Representation of the People Act Chap 2:01.
In the circumstances, counsel has advised that it does not appear to be appropriate for Your Excellency to take action to appoint a new prime minister until such time as the certified result of the poll is obtained from the Chief Elections Officer in the form prescribed in Form 72 of the election rules.
It is in these circumstances that we are to request you to refrain from taking action on the mere declaration of the result so as to avoid any potential uncertainty which might arise by a successful determination of the representation petitions.
The People’s National Movement
Patrick Manning—Political Leader
President can await court ruling Dec 13, 2000
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