The date for the hearing of the challenge to Minister Tara Rivers election to office in West Bay has been set for Wed. July 17th. Both sides must have their skeleton arguments submitted to each other and the court by Fri. July 12th  in preparation for the two-day hearing.

One of the arguments in Rivers’ favour is that although she holds a US passport it was “thrust upon her by birth” rather than by acquisition demonstrating allegiance to another country.

The second one is less clear. This relates to Rivers’ time in the UK (2006-2009) when she was employed as a legal associate for London lawyers Allen & Overy. Although she was studying part time it is not clear if the exemption to being primarily resident in Cayman for 7 years up to election applies to full-time students only or is extended to part-time students.

Velma Powery-Hewitt is represented by Attorney Steve McField and Tara Rivers locally by Paul Keeble and Grahame Hampson. She also is assisted by constitutional expert and lead counsel, Jeffery Jowell QC, in London.

Statement from Minster of Education, Labour and Gender Affairs

Friday 14^th June, 2013

My fellow West Bayers, supporters and concerned citizens of the Cayman Islands,

The outpouring of support and well wishes has been overwhelming over the last few days.  I am aware that there is a challenge against me and appreciate your calls and messages, which have conveyed the deep disappointment and shock at the eleventh hour petition filed against my election to the Legislative Assembly.

I know that many of you are disheartened by this news and feel that this is a campaign to discredit me publicly and distract me from my current responsibilities.  Please know that as your elected representative within the Cayman Islands government, I remain focused on carrying out my duties as Minister for Education, Labour and Gender Affairs, and as your Second Elected Member for West Bay.  I would like to clearly state that I intend to vigorously oppose this challenge; I remain committed to fulfilling my term and to serving you to the best of my ability, according to the overwhelming desire of my district and my country.

Unfortunately, as this is now an ongoing legal matter before the Courts, I am unable to make any further statement at this time. Your prayers and support are appreciated and I will endeavour to keep you informed as and when I am able.  I respectfully ask that each of you remain level-headed and optimistic and allow this to be handled through the appropriate channels, as the law requires.

Your humble servant,

Hon. Tara Rivers

Statement by the Premier Hon Alden Mclaughlin on Challenge to Minister Tara Rivers

I have been made aware that an election petition challenging the legitimacy of the election of Minister Tara Rivers has been filed in the Grand Court by Mr. Gordon Hewitt, husband of Mrs. Velma Hewitt, a candidate in the recent elections in West Bay.

It is disappointing and unfortunate that such a challenge is being made at this late stage.  These are difficult times for the Cayman Islands and the new government needs to be able to settle in and begin to tackle the many pressing problems it faces without the distraction and uncertainty created by this petition.  This issue must therefore be resolved expeditiously.

I have spoken to Minister Rivers and she has advised me that she intends to vigorously defend her election.  I have assured her that she continues to enjoy the confidence and support of the government and of me as Premier.

End

ORIGINAL STORY

We have just learnt that attorney Steve McField, on behalf of John Gordon Hewitt, husband of Velma Powery-Hewitt, the United Democratic Party candidate who came in fifth in the West Bay district poll, has filed a petition in the Cayman Islands Grand Court.

The petition claims Tara Rivers, who was elected as the second member of West Bay, holds an American passport and did not fulfill the residency requirement to qualify as a candidate.

The petition claims that between October 2006 and May 2009 Rivers was resident in London, where she was working for law firm Allen & Overy, and she was born in the USA, continues to hold a US passport through her own act, which also disqualifies her from office.

The petition also claims Delano Solomon, the returning officer, failed in his duty to ascertain from Rivers whether she was resident for a period of seven years before Nomination Day or if she was still an American citizen, and was therefore wrong in accepting the nomination.

The petition also asks that Velma Powery-Hewitt be elected in her place as the fourth elected member of West Bay as Rivers’ nomination was null and void.

Even if the challenge is successful it is difficult to see how Powery-Hewitt could be automatically elected as the large number of votes Rivers received could just as easily gone to the other candidates who were running in the election.

This would mean a by-election would have to be executed.

Rivers has said that during the period 2006 and 2009 she was studying and therefore had a legitimate exception to the requirement in the election law that states all qualified candidates must be resident in the Cayman Islands for seven years before Nomination Day.

The petition was filed in Grand Court on 12 June. This is only just ahead of the three-week deadline provided for in the law for any qualified voter to object to the election result.

Rivers ran on the Coalition for Campaign ticket but is part of the progressives (PPM) government as Minister for Education, Labour and Gender Affairs.