Mayor Ian Atherly to stand trial for ballot-box tampering

“GOD is the ultimate judge!” These were the words from San Fernando Mayor Ian Atherly as he spoke to Newsday via telephone, hours after Acting Deputy Chief Magistrate Mark Wellington yesterday formally committed Mayor Atherly to stand trial in the High Court on a charge of ballot-box tampering which he allegedly committed during the General Election of 2002. Magistrate Wellington later placed the Mayor on $4,500 own bond. After signing the bond, Mayor Atherly, immaculately dressed as always, left the court followed by a group of journalists. However, he refused to say anything at that time. There is still the possibility that the matter would not reach the High Court since Magistrate Wellington also ordered that the case files be handed over to Director of Public Prosecutions (DPP) Geoffrey Henderson for further review. 

Wellington explained to the court that his function was not so much a judicial one, but moreso, an administrative one. The magistrate added that there were inconsistencies in one particular piece of evidence, with one version of the evidence being that the Presiding Officer at the polling station gave permission to Mayor Atherly to check the ballot-box, while another version was that the Mayor never received such permission. Given this piece of evidentiary inconsistency and his (Magistrate Wellington) administrative capacity, he said the matter could not  be brought to an end at the Magistrate Court level. Mayor Atherly is charged with committing the offence of ballot-box tampering last October 4 at the South Divisional Fire Headquarters, Mon Repos during voting of special electors.

Before the ruling was made yesterday, Atherly’s attorney Theodore Guerra SC contended that the case presented by the prosecution was “devoid of the qualities of conviction.” State Prosecutor Mauriciea Joseph strongly maintained that the decision of a prima facie case was already made hence the matter had to be advanced (to the next stage, ie, the High Court). On several occasions, both the prosecution and defence quoted from legal texts to support their case. Yesterday, the defence called one more witness to the stand, Attorney Michael Persadsingh, who in the 2002 General Election was an attorney attached to the PNM’s San Fernando West Constituency Office. After leaving court, Mayor Atherly was greeted by close friends and family members. He was then escorted to his nearby office at the Town Hall.