P.U.P. gets Election petition against U.D.P. Longsworth
Herman Longsworth
It has been less than a month since the passionately contested March seventh 2012 elections were held. But the atmosphere is still highly charged and the courtroom litigation left in its wake is potentially explosive. Yolanda Schakron failed in her attempt to have an election petition heard last Friday, but the People’s United Party was successful earlier today in Supreme Court after hearing arguments from Said Musa for David Craig who lost the Albert Division against United Democratic Party’s Herman Longsworth. Musa successfully was allowed leave for an election petition. Longsworth beat Craig by two hundred and twenty-seven votes, but the election petition is for a contract that was allegedly not disclosed for the construction of the fence at the Marion Jones Stadium. The P.U.P. is seeking to disqualify Longsworth and trigger a by-election in the division that voted blue in the past in three previous elections. As he left the courtroom of Justice Michelle Arana, Musa said there was no disclosure as the constitution demands.
Said Musa, Attorney for David Craig
Said Musa
“We submitted that there is a subsist contract with Mister Herman Longsworth and the Government of Belize in respect of the building of the perimeter fence at the Marion Jones Stadium and that at the time of the election, this contract existed. And according to section 58 of the constitution, the only way he could have avoided a disqualification is if he had published in a newspaper for the electorate to see that he had this contract with the government. And then the constitution is saying then he can be excused or the disqualification would not take effect, but we were able to show that at least to obtain leave that there is an arguable case that a contract subsists even to this day and that therefore, the case can be made that he is disqualified and if we so establish at the petition level—which si the next stage now—then Mister Longsworth will be disqualified and then no doubt the court will then order a by-election—but we are far away from that yet noh.”
Jose Sanchez
“Part of your case hinged on paying of duties for vehicles and other materials. What was that?”
Said Musa
“Yes we were able to show the court with exhibits that at some stage during the performance of this contract, Mr. Longsworth applied for duty exemption on all the equipment that he used in the carrying out of this contract; for the building of this fence and offered in that to a slight deduction from his fees that the company will be collecting for the building in return for getting all these exemptions. The correspondence also shows that he did receive full duty exemptions—GST and Import Duty exemptions—on a whole battery of equipment as well as exemption on a personal vehicle for Mister Longsworth. And we argued that that constituted as indeed a separate contract that he had with the government and that to this day, the duties haven’t been paid which indicates further that the contract is not yet completed.”
Rowland Parks, Reporter
“So far, as is known from court proceedings, he has not paid the duty and the other side argued that that is a supplementary contract because it came under the original contract.”
Michael Young, Attorney for Herman Longsworth
Michael Young
“Well I don’t know if you were listening to what was happening in court but it is not the position established that it was not paid. I even mentioned that there was specific mention of a pickup. And that pickup, the duty had been paid in respect of that. This is a process that was just served on Mr. Longsworth yesterday, Sunday. The point that I was making to the court is that if items were brought in duty free for the project, for the contract; that is a separate issue as to what happens in relation to the disposition of those vehicles and any payment of duties on that—separate and the question si whether the contract has come to an end. If you have a contractor that performs works, it is clear that you would have a date when it is certified that you had finished. You don’t even have authority to go back on those premises and that is the position that Mr. Longsworth has. The matter of payment of duty; if indeed duty has not been paid in relation to that, then that’s something between him and customs and doesn’t have anything to do with the contract.”
There are other phases of the Marion Jones Sporting Complex to be completed, but back to the issue of the perimeter fence. In court it was revealed that Longsworth received payments of one million five hundred and seventy-seven thousand three hundred forty one dollars and sixty seven cents to complete the fence. However, an additional person was paid for work to the perimeter fence which increased the expense by an additional four hundred and eighty three thousand dollars. In total, the perimeter fence currently costs two million sixty-one thousand dollars and thirty one cents, and guess what, the fence is still incomplete.
Why am I not surpised in the way the court has decided. And I do not mean that in a good way.
This is becoming interesting, are the people who we choose to be our leaders have no knowledge of our constitution or have they deliberately choose to ignore it ? you take your pick.
Easy sepnding by GOB, facilitating its cronies……..call a bi-election, we want this man out.
GOB facilitating to its crownies, that where the money is going…we want bi-election, get this man out!
No get all too excited. Dem fellas will come up with backdated signed paperworks. Dis ya leader wil do anything to keep on to power. Power is sweet and afta tasting sweetness no one want to let go. And the courts? There is no trust in the justice system. They are eing dictated by the leaders of the day. My thing is if it were d PUP’s doing this right now barrow would have the unions and others all over belmopan dragging them out.
You guys are all preassumptious!!! The court will tell man. If he gets out he’s out, if he stays in, well, its still the courts decision. This is the right way to deal with any problems. We have a court in this country lets use it.
why is micheal young hiding behind the sunglasses?
When you want to play in a game you need to first learn the rules!
Perhaps he had no knowledge of this regulation he figured he can just show up and run for elected government.
Our country is going through growing pains.
CEO,
Memba rules noh apply to King Dean and his party!
There is a saying that says, “If you live in glass house, don’t throw stones”. In fact Matthew 7:5 says “You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your brother’s eye.” Barrow and UDP were so busy minding the business of the PUP, they forgot to clean their own house before going to the party. Now their house is on fire, all the neighbors are running to help and now their dirty “draws” are being exposed. They should have allowed Shackron to run. Then if she wins, file the petition. That would have been the more clever thing to do. But as usual, PUP always turns out to be the more clever of the 2 “sucker” parties.
We are grasping at straws mein……..
We so hate the udp mek we di behave so…. Let them do their 5 years
They won we lost……
If he messes up in this 5 years then we vote him out. Simple……….
theses guy are a big joke two million for a bogos fence
Of course we have court justice, but that is for the rich and powerful. Barrow will simply dictate to the court as to what results HE wants, and that`s it, justice served !!!