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Prime Minister Baldwin Spencer

Prime Minister Baldwin Spencer

“I got the authority to pay for the charter flight to bring the Cuban students home to vote from the Minister of Foreign Affairs, Prime Minister Baldwin Spencer,” was what Bruce Goodwin, the ambassador to Cuba, told the court yesterday, when asked who funded the US$60,000 trip for 108 voters.

Goodwin was the last witness responding to Antigua Labour Party (ALP) candidate Arthur Nibbs’ claim that undue influence was used to ensure he lost the election to Barbuda Political Movement candidate Trevor Walker.

The witness said the Antiguan and Barbudan students studying in Cuba enquired of him whether any provision was made for them to return home to participate in the general elections.

He said he contacted the prime minister and relayed the students’ concerns and he (Spencer) told him to “see how he could assist” and thereafter negotiations began to acquire a charter plane to get them home.

The ambassador said despite several hiccups during the negotiations, the charter was finally acquired.

However, it could not accommodate any more than 110 of the 200 persons.

The decision to determine who would make the trip was arrived at based on those who were eligible to vote; those who had registered and whether they had actually received their Voter Identification Card.

“Some of them were registered but did not have any ID cards so in that case, they were eliminated,” the ambassador said. “That left us with 109 but only 108 went on since one of the persons did not turn up. It was my decision, given the circumstances, and I had to do it fairly.”

Asked by the claimant’s attorney James Guthrie, QC, whether he, Goodwin, had passed on any of the information to the Electoral Commission about facilitating the students’ return home to vote, the Cuban ambassador replied, “No, I did not think it necessary at the time, it was my decision to make, given the circumstances.”

Goodwin said he and the agents from his embassy presented a budget to Spencer and the sum needed was approved, paid by wire transfer by the government of Antigua & Barbuda to Cuba.

Witnesses for the claimant, Nibbs, testified that the prime minister, through Goodwin, told the students, “I hope that after all this you don’t go back and vote for the opposition.”

Goodwin acknowledged making such a comment, but added it was a joke, at which both he and the students laughed.

“I do not think it was ironical at all. I think it was a general expression of humour; just an appreciation of the joke,” Goodwin said, answering to Guthrie’s question as to whether he sensed any irony in the students’ laughter.

Goodwin, who admitted in court to being a United Progressive Party (UPP) supporter, said he told the group that they should vote wisely and remember that no matter who they chose to vote for they should remember “the system is a secret system” and they should feel free to vote for anyone they chose.

“When I told them that, it was no joke. I was serious and I wanted to make that clear,” he said in response to Guthrie’s question as to whether he was still jesting.

“I also told them that it was the government of Antigua & Barbuda who was paying for the charter and the ground transport was taken care of by the Cuban government because I wanted to make it clear to them,” Goodwin said.

He was later quizzed about comments he made on OBSERVER Radio’s programme on March 14, two days after the elections, with radio personality “Serpent.”

Some of the comments included, whether he said, “Only certain fortuitous circumstances caused us to win and keep ALP out; … You see I just came from the airport because I went there to see the students board that plane to go back to Cuba and; … You cannot imagine the challenge I had to put up with to get that charter together. It was just two days before they got here that everything was finalised.”

The political analyst admitted he might have made those statements on the programme but added, “I was on for more than four hours. I said a lot more, so that’s not all.”

Additional comments, which Goodwin allegedly made and was asked to explain, were, “I am saying to you (Serpent) that if we were not so successful in organising that charter, Walker would not have won in Barbuda. Several Barbudan students who came on that charter would have voted for Walker … So if that was their choice, it made the difference …

“At one point I had to get the prime minister to call the foreign minister in Cuba to intervene with certain bureaucratic and bottle neck hiccups towards getting this charter implemented …  If I were more softy, softy and not willing to push against the wall, the charter would not have come off and Walker would not have won.”
Goodwin did not deny making such comments, but said he did not regard any of his actions, in making arrangements for the students to return, a political exercise on behalf of the UPP.

He said when he used the word “us” in the statement where he said, “Fortuitous circumstances caused us to win,” he meant the UPP. And, when he used the word “we” relating to the statement, “If we were not so successful in organising that charter …”  he meant the government.

Meantime, Kerrianne Baltimore, and another two witnesses for Nibbs’ petition, also said Goodwin brought them UPP T-shirts and told them they could wear them but they did not ask for them.

Goodwin, however, said, his agents received a request for the paraphernalia from the students’ representatives in Cuba who even provided the embassy with information about the sizes the students wanted.

Baltimore also told the court that Walker, who was also in Cuba with Goodwin, told her, “I hope when I send for you, you don’t go back and vote for your father.”

Baltimore, whose mother once had a relationship with Nibbs and with whom he fathered a child, said she did not interpret Walker’s comment as a joke, so she “simply smiled” but said nothing.

However, on Thursday, Walker admitted he did visit the students in Cuba and enquired about their wellbeing since they had been complaining about living conditions there, but said he never had any such conversation with the 21-year-old woman.

The young woman told the court living conditions were getting worse; sometimes there was no electricity and sometimes no water.

Denouncing suggestions by the claimant’s attorney, Walker said he had nothing to do with assisting the students to return home to vote. That is; he did not charter, or make any request to charter the plane and neither did he make any arrangement for payment nor make the payment himself to provide the chartered flight.

The incumbent also responded to claims made by Nibbs relating to roadwork commencing on the sister-isle “less than 30 days before the elections.”

Walker said such works began since 2005 and ended in 2006 after a dispute with the company, AmeriSwiss that was contracted to do the job.

He explained a new contract was entered into in 2007 with Patrice Luke, a private contractor.

Detailing reasons why the road work project did not commence immediately after the contract was agreed upon, Walker said there were still other things to be sorted out, such as “a batching plant had to be secured from Miami” and finances.

So far, the petitions for three of the four persons challenging the results of the March 12 polls have been completed.

On Monday, St Clair Simon will mount his case against Spencer.

Simon was not the candidate up against Spencer. In fact, it was Gail Christian who lost by 506 votes to Spencer.
The claimant’s case is that undue influence impacted negatively on Christian’s fortune.

Justice Louise Blenman is the presiding adjudicator, while attorneys for the claimants include Guthrie, Rika Bird and Samantha Marshall.

The respondents are represented by Douglas Mendes, SC, Michael Quamina, Leon Chaku Symister, Kendrickson Kentish, as well as Russell Martineau, SC who is advocating on behalf of Lorna Simon and the respective returning officers for the constituencies under scrutiny.

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