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May 10, 2012

Habet tried to pen Penner for a recount in Supreme Court

Rodwell Williams

Down the hall in the courtroom of Justice Minnet Hafiz, attorneys Said Musa and Rodwell Williams squared off on another election petition. The petition was filed by P.U.P. candidate Orlando Habet, who lost in the Cayo North division by only eleven votes to area representative Elvin Penner. Habet is seeking a recount and also made allegations of bribery of voters. On April tenth, Justice Hafiz granted leave for the petition for a recount, but the claims of misconduct were struck out. Today, Musa, on Habet’s behalf, took the matter back to Justice Hafiz, seeking leave to appeal that decision. But due to arguments on the court’s jurisdiction submitted by Williams, who appeared for Penner, leave was refused. Williams spoke to the media after the hearing. 


Rodwell Williams, Attorney for Elvin Penner

“They sought leave of the court today for permission to appeal that order and the court refused their permission to appeal. So they have no permission to appeal because the court refused them that permission.


Delahnie Bain

“Can you explain why it was refused?”


Rodwell Williams

“Well, section 86(3) of our constitution says that the question of the grant or refusal of leave to bring an election petition is not to be—there’s no right of appeal, it’s not appealable. So the language of 86(3) actually says there is no appeal from the determination of the trial judge on the question of the grant or refusal of leave to bring the petition. In the face of that, they nonetheless applied for permission to be given leave and the court says well, I’m faced with a jurisdictional hurdle so I cannot grant leave so the leave was refused.”


Daniel Ortiz, Channel 7

“Can you tell us some of the submissions you made in order to point out to the court that it has no jurisdiction?”


Rodwell Williams

“Well, we went into some history really to show how this area of election petitions evolved and the intention behind limiting the extent of an appeal. For instance, if there is a decision of the court on the hearing of an election petition, you can only appeal as far as the Court of Appeal and only on a point of law, nothing else and you can’t go beyond the Court of Appeal. And the idea is that you ought not to have questions concerning an election petition hanging over the head of the public, the electorate, the country indefinitely while you dither around trying to create a case where you have none. So the law really mandates the expeditious disposition of the process.”


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1 Response for “Habet tried to pen Penner for a recount in Supreme Court”

  1. Rod says:

    We still do not know the reason why Rodwell was targeted to be shot this reason was never revealed why was he targeted why.

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