Statement by Mr. Raphael Archibald, Supervisor Of Elections

Mr. Raphael Archibald

Jan 18, 2013–The matter of the removal of names from the register of voters in Nevis has been brought to my attention. I have reviewed the circumstances surrounding the removal of those names and the due process principles established recently by the decision of Mr. Justice Lionel Jones and affirmed by the Court of Appeal. I believe that in view of the facts I have discovered and the requirements for personal service and the provision of proper and adequate notice to those persons whose names are being objected to and may have been removed, and after having obtained appropriate legal advice, I believe I am obliged to issue a supplementary list to reinstate the names of all the persons who have been removed from the Register of Voters in 2012 without due process.

This decision does not mean and must not be interpreted to mean that I accept that those persons are lawfully resident or registered in any particular constituency. My decision is based solely on the fact that the same due process flaws appear to affect these removals as existed and commented on adversely by Mr. Justice Lionel Jones and the Court of Appeal.

After these names have been reinstated, the process for objections can be re-activated as the objectors deem fit, and consistent with the due process principles identified by the Courts.

I have also directed that the names of all persons who have applied for transfers to other constituencies be effected and a supplementary list reflecting these transfers be published as well.