Four candidates’ qualifications in question

| 04/04/2017

(CNS Elections): The election authorities are understood to be examining questions surrounding at least four candidates in several constituencies who were nominated to run as independent candidates in the May General Election. Supervisor of Elections Wesley Howell said that he could not “reveal the specifics of any challenges at this time” but explained that where there are doubts as to the qualification of a candidate, the process for proceeding is to request evidence from the relevant government agencies, which then have up to seven days to respond, and to seek responses from the candidates in question.

Howell, who would not reveal any details of the candidates being scrutinised and did not confirm any names, said that if after receiving the information it is still legally unclear as to their qualifications or grounds for disqualification, he would apply through the Attorney General’s Chambers to the Grand Court for a declaration on the issue.

CNS understands from other sources that the issues relating to the candidates in question are dual nationality, Caymanian status, their periods of residence prior to the election and allegations of criminal convictions for dishonesty.

The Elections Law was recently changed in an effort to address the question of qualifications before Election Day, given the issues that surrounded the 2013 election and the inequities that arose for some candidates in that poll.

Two people were forced to step down from the race based on advice from the attorney general, one because he was told he did not have the requisite residency prior to the election and another because he had an American passport. But those reasons were later found not to be grounds for disqualification after Tara Rivers was challenged in court on both and won.

Questions sent by CNS about three other candidates whose forms were not present in the register of interest the day after Nomination Day have not yet been answered.

When CNS checked the new register of interests for the election candidates on Thursday, 30 March, at 2pm, three candidates — Kathy Wilks-Ebanks, Dr Frank McField and Dwayne Seymour — did not have documents filed in the register. The Legislative Assembly has not yet stated if the three were given extra time for justified reasons or whether missing the constituted deadline for those submissions will impact their qualifications to continue on to the ballot paper.

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Category: Candidates, Election News

Comments (33)

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  1. Anonymous says:

    I remember. Tara won her case…..

  2. Anonymous says:

    Acquiring a foreign passport through parents while the individual is under 18 is not a disqualification to run. Nor is residing abroad while in university.

    • Anonymous says:

      Disqualifications for elected membership
      62.—(1) No person shall be qualified to be elected as a member of the Legislative Assembly
      who—
      (a) is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience
      or adherence to a foreign power or state;
      (b) holds, or is acting in, any public office;

    • Anonymous says:

      If you are referring to Mr. Dacosta, then you have missed the point. He made the conscious decision to exercise his allegiance to his US citizenship and register to vote and has a voting record in the United States.

  3. Caymanian says:

    I am happy to see Mario being singled out. He should be disqualified because of thinking people out there stupid enough to put him in office. I would write my name in first.

    • Luigi says:

      Where was Mario on Friday night i wonder?

    • Anonymous says:

      Wasn’t he in court last week for failing to pay wages to his employees? This is who we have as a candidate to represent us? I don’t know about this one man one vote thing boy, seems to be atrracting all kind of punks to the arena.

  4. Anonymous says:

    Will this be resolved before the election? Or will this drag on for years?

  5. Anonymous says:

    JJJ

    Cayman MLA John Jefferson Jr. loses civil lawsuit
    https://www.offshorealert.com/GetArticle.aspx?id=2376

    Scotiabank & Trust (Cayman) Ltd. v. John Jefferson et al: Originating Summons(2)
    https://www.offshorealert.com/john-jefferson-cayman-islands-reina-jefferson-scotiabank.aspx

    Stuarts Walker Hersant Humphries v. John Jefferson, Jr.: Writ of Summons
    https://www.offshorealert.com/stuarts-walker-hersant-v-john-jefferson-jr-cayman-lawsuit.aspx

  6. Neddob NwoT says:

    Dwayne Seymour again fails to file for the Register of Interests! Surely he can’t get away with it a second time?
    Or can he?

  7. lo-cal says:

    The headline tricked me! – I thought they were checking to see if the candidates had some type of professional qualification to run for office. Now that would be news!

  8. Anonymous says:

    Sacred vessel back in the lime light again….

  9. Anonymous says:

    I am incredibly overjoyed that a man of Dr. Frank’s obviously superior intellect would take time out from his busy schedule to think about us minions.

  10. Anonymous says:

    Can’t a government official challenger Tara’s appointment and smellies opinion because it overrules the spirit of the law.

  11. Anonymous says:

    What about those who are born in Cayman but “elected” to get the nationality of a foreign government?

    Our constitution is clear. If someone knowingly becomes a citizen of another country then he or she is disqualified.

    Looking forward to see if our constitution is upheld.

    • Anonymous says:

      Exactly. Tara did not chose to be born in USA and she would meet the test for Caymanian parents and the passport was seen as a travel document, but when Caymanians decide as adults to obtain another citizenship that’s very different.

      Re the residence requirement I still hold the view that the period of work in UK should not have been considered educational. So all those candidates who lived overseas for at least 400 days, living with people, proof on applications/licences and so on are in the category where it should count as exceptions to 400 day rule.

      Show respect for the Constitution

      • Anonymous says:

        How is it that decision stopped at one judge and how is it that a government official cannot put it forward but a private citizen. Private citizens should not feel fear of challenging and financial repercussions and smellies decision should be overturned at a higher court and he should be removed from his position.

      • Anonymous says:

        i.e should NOT count as an exception and therefore disqualified due to not meeting residency requirement

  12. Unison says:

    Anyone who has Caymanian Status shouldn’t even consider running. They are not born and raised up here. I’m sure if I had status in their country, would they give me a chance to run? No way! 🙂

    • Anonymous says:

      There are plenty people who were born here and raised here who only aquired status later in life

    • Driftwood says:

      Ummm….as a matter of fact you would. Many many countries allow naturalised citizens to run for public office without surrendering their nationality of birth. Of course, in your case it seems highly improbable that you would be successful. A sense of entitlement very rarely succeeds

      • Anonymous says:

        Oh this is so perfect. Right down to the username.

        I love you whoever you are.

    • Anonymous says:

      Ummm, everyone who is running has Caymanian status. That is what makes them Caymanian.

  13. Anonymous says:

    Just kick them off as trouble now will be more later

  14. Anonymous says:

    Just give it up, the government lawyers are rarely smart enough to win anything.

  15. Anonymous says:

    Well for God’s sake don’t ask the AG his opinion!

  16. P. Reader says:

    Surely the Grand Court needs to accelerate things instead of decelerating them, no?

    CNS: Sorry. Typo.

    • Diogenes says:

      Deceleration is probably an accurate reflection of what would happen rather than a typo – anyone remember last time how some candidates were advised not to stand at all on nationality grounds, but those who did were tactfully ignored until someone applied for judical review.