The Court of Appeal has ordered that Supervisor of Elections, Sylvia Findlay-Scrubb, her agents or servants not destroy documents pertaining to the Dec. 9, 2015 election in Central Leeward and North Windward until the hearing of an appeal related to the results there.
Justice Louise Blenman made the order on Dec. 20, 2016 after lawyers for the main opposition New Democratic Party (NDP) filed an application asking that the election chief be restrained from destroying the documents.
In keeping with the law, a supervisor of elections in St. Vincent and the Grenadine can destroy election documents one year after the election.
The NDP, however, is challenging the election results in North Windward and Central Leeward, which election officials say were won by the Unity Labour Party, which was returned to a four term in office by a single-seat majority.
The NDP filed the petitions after the elections but they were thrown out of court last year as improperly filed and the party is appealing that ruling.
The hearing of the appeal is being delayed as lead counsel for the government, Dominican Senior Counsel, Anthony Astaphan, says he has to travel to Miami this month for his annual medical and would not be available until Feb. 23.
“I simply cannot, for obvious reasons that I have indicated, deal with it before,” he said on Boom FM on Thursday, during which he also spoke about the December 2016 ruling.
“We have no difficulty with the court’s order. We are not appealing it, we are not doing anything with it and I indicated to the court last night… that the appeal is ready for hearing and that my first available opportunity to deal with it would be the 23rd of February,” Astaphan said.