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Senior Counsel Anthony Astaphan – The Flagrant Dishonesty of Lennox Linton

by: - May 24, 2019
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Senior Counsel, Anthony Astaphan.

The flagrant dishonesty of Lennox Linton

Bribery

1. Halsbury Laws of England 4th Edition, Volume 15, provides at para. 770,k page 421:

“The unconditional payment, or promise of payment, to a voter of his travelling expenses is not bribery, but the payment or promise of payment to a voter of his travelling expenses on the condition, express or implied, that he would vote for a particular
candidate is bribery.”

2. At the Electoral Commission’s panel discussion on the 22nd May 2019 Linton referred to Halsbury Laws of England on bribery said “…the payment or promise of payment to a voter of his travelling expenses on the condition, express or implied, that he would vote for a particular candidate is bribery.”

3. Linton never referred to the most important words from Halsbury Laws of England “The unconditional payment, or promise of payment, to a voter of his travelling expenses is not bribery…”

4. The words make clear that the unconditional provision of transportation to supporters (meaning no quid pro quo) is not bribery.

5. Why did Linton deliberately and repeatedly leave out these words??

6. Because if he is pathologically dishonest.

7. Nor did he refer to the article published on the Dominican.net Saturday, December 12, 2009 where Sir Brian Alleyne SC was quoted as saying “According to Sir Alleyne, "what would be illegal is bribery as defined in section 55 of the House of Assembly (Elections) Act Cap.

2:01. Valuable consideration is consideration that confers a peculiarly measurable benefit on a person. Paying for an airline
ticket to Dominica would fall within the definition. If the motive is to induce an elector to vote, that, to my mind, would amount to bribery under the section and would attract criminal sanctions of a hefty fine and imprisonment on both the briber and the bribe. “

8. The words” If the motive is to induce an elector to vote” are important. A corrupt motive is an essential ingredient of the crime of bribery. Consequently, if the motive is simply to facilitate and not induce, there is no bribery.

9. Last night, Linton steadfastly refused to mention the importance of motive! Why??

10. Because if he is pathologically dishonest.

Dated 23 rd May 2019

Anthony W Astaphan,SC