Court of Appeal rules that Hensley Daniel and Joseph Parry should not pay cost

By: Gavincia Clarke

(CHARLESTOWN, NEVIS)- The Court of Appeal in the Eastern Caribbean Supreme Court ruled yesterday Thursday, October 17, 2013 that former Premier of Nevis, Hon. Joseph Parry and former Deputy Premier, Mr. Hensley Daniel are not entitled to pay cost for the Election Petition case that was filed by the now Deputy Premier of Nevis, the Hon. Mark Brantley.

Hon. Joseph Parry
Hon. Joseph Parry

This news was confirmed last night when Mr. Hensley Daniel was a featured guest on the ‘Tell Me Show’ with host, Senator Carlisle Powell. Mr. Daniel told radio listeners that the court overturned the ruling and the ruling on cost that was ordered by the previous court were dismissed against him and the Hon. Joseph Parry.

This Final Case hearing on Thursday, October 17, 2013 was before Justices of Appeal Don Mitchell, Davidson Kelvin Baptiste and Chief Justice Janice M. Pereira, the very same judges who in a Court of Appeal decision of August 27, 2012, written by Justice Don Mitchell stated:
‘As regards costs in the Court of Appeal, I would order that Mr. Parry, Mr. Daniel, Mr. Benjamin, and Ms Lawrence be jointly and severally liable to pay Mr. Brantley’s costs assessed as two thirds of the cost in the court below, as I consider their appeals to have been entirely without merit while Mr. Brantley’s cross appeal has succeeded’.

Mark Brantley was represented in court on Thursday by Attorney Dahlia Joseph. She offered no evidence against Mr. Daniel but argued that Mr. Parry should pay the cost previously ordered. Ms. Joseph was of the view that Mr. Brantley was deprived of using the Nevis News Cast (NNC). However, Attorney for the Appellants, Dr. Henry Browne Q.C argued to the court that Mr. Parry did not change the policy of NNC and it always remained the same since CCM was in government. In addition Q C. Browne pointed out that Mr. Brantley never asked to be aired on NNC.

This case stems from the January 2012 Election Petition case that was brought by Deputy Leader of the Concerned Citizens Movement, Mark Brantley after the 2011 Local Election where he lost to Hensley Daniel by 14 votes. In recapping that matter, Daniel stated that because Mr. Brantley feels that he is too good to lose and because he feels as if Nevis belongs to him he went to court challenging the removal of 203 names that were removed from the voters list that were illegally registered.

It was a tense battle in court but at the end NRP lost the court battle. Parry and Daniel were found by the court guilty of bad faith and misfeasance in the preparation of the voters list.

Last night on the talk show Mr. Daniel stated, “because of the court’s ruling I now have a bad reputation. The result of the court caused people to call myself and Joseph Parry a thief (sic). The court allowed people to think that we helped prepare the voter’s list”.

Daniel was of the view that the court’s ruling had a tremendous impact on election because those persons who were wrongfully registered showed up and voted and as a result NRP lost the election. “All those who were fired, all those who can’t get their college loans pay, is the court caused that”, Daniel concluded.

Daniel was of the view that he should be compensated for defamation of his name and his character. He was also of the view that even though the court ruled that he should not pay cost of over two million dollars the damage has already been done.

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