PNM backs down on going after Padarath’s seat

THE PEOPLE'S National Movement (PNM) political leader said the party has received legal advice that Princes Town MP Barry Padarath was improperly nominated but will not pursue any legal action owing to the potentially high legal cost.

Dr Keith Rowley was speaking Tuesday at a media conference held at Balisier House, Port of Spain.

He recalled after the nomination day the PNM raised the issue that Padarath did not properly fill out his nomination form.

"The PNM pursued that matter and put itself in a position to challenge that improper nomination and, of course, there were responses from the affected party. We took steps in the event that we wanted to go to court we informed the people of Princes Town that the candidate for the UNC was improperly nominated and was open to challenge."

Rowley said he sought legal advice during and after the election campaign and he received the opinions of two senior counsel, one of whom "is the most eminent in the Caribbean," and another a champion in these matters in a number of Caribbean territories and Guyana, as well as local counsel as well.

"The advice that we have got in writing from these legal luminaries have all confirmed that the nomination as prepared for the...UNC candidate in Princes Town does not meet the requirements of the law and is wholly invalid."

Asked the names of the legal counsel Rowley said he preferred not to "parade their names all around town."

He explained the medium for determining the issue was not cheap and not without risk. He said, in 2015 the UNC decided to file election petitions in five constituencies. The matter went to the Court of Appeal in 2019 and the PNM had 30 witnesses in protracted litigation. Rowley said the matter was dismissed with costs in February 2020 and the UNC was facing costs, with the PNM statement of cost for four and a half years of litigation at $23 million and the Elections and Boundaries Commission (EBC) at approximately $14 million. He added in the coming months the courts will give the final adjudication on the matter.

"The people who took this matter to the court have this liability to the PNM and to the State. I am not prepared to expose the PNM to this situation so as to make a point.”

He said the matter must be settled, and Padarath receiving more votes than the PNM candidate was not the point. Preliminary EBC results show Padarath receiving 11,208 votes while PNM candidate Sharon Baboolal received 4,708.

Rowley reported the legal opinions will be provided to the EBC so they can provide it to their own lawyers and will also advise the President of the situation.

He said the party would be spending its money and time on its headquarters which was under construction.

Padarath previously told the media there was no way the PNM could prove his nomination was invalid and also opined that the PNM's efforts to challenge his eligibility to contest the general election was because the party feared him. Calls and a WhatsApp message to Padarath Tuesday went unanswered.