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What is a by-election–and why do they matter?

By-elections are rare in the Bahamas and are not just any political event. On November 24, the constituency of Golden Isles will be voting for a new member of parliament in a by-election.

Since the sudden death of Member of Parliament Vaughn Miller, who represented the constituency for the Progressive Liberal Party, the seat has been up for grabs. Who fills the seat can sway the looming general election expected to be held in seven months.

In his place, Senator Darron Pickstock has resigned from the Upper Chamber to contest the seat for the PLP. He will face Brian Brown, the candidate for the Free National Movement (FNM). Third-party candidate Brian Rolle for the (COI) is joining the race.

How is a by-election different from a general election?

The country is divided into 39 constituencies, and each area is represented by a Member of Parliament in the House of Assembly. While a general election is held every five years to give each constituency an opportunity to choose an MP by the majority of votes, a by-election occurs by chance between a general election when an MP can no longer hold the position and a new MP must be voted in.

A seat in Parliament becomes vacant through death or resignation. By-elections keep representation alive in every constituency.

Why do they matter, and what do they mean to the Progressive Liberal Party?

This by-election could act as a mini referendum on the ruling party, the PLP. The result will reveal whether voters are still confident in Prime Minister Philip Davis’ leadership and the government’s policy since its election in 2021, or are beginning to shift toward the opposition, the Free National Movement.

Being the government, the PLP is putting all of its money, resources, and campaigning behind Pickstock. Because of this, the governing party has the bigger advantage. History has shown that the governing party of the day won three out of five by-elections.

Though only one seat is at stake, the political weight is heavy and the area is under media attention.

The FNM, though, has strong support in the area and is trusting that Brown, a familiar face, can pull off a win, having served in the area since 2010, even running as a candidate but losing to Miller. A win, or even a strong turnout, would prove that momentum is brewing for the FNM.

Golden Isles voted for the FNM in 2017 but voted for the PLP in 2021 after Miller switched parties.

Will the PLP call a by-election or roll the dice on a general election? It could be fiscal waste and a political risk

When Golden Isles MP and Cabinet Minister Vaughn Miller died suddenly, it left one seat in the House of Assembly empty. The question now is whether the government should call a by-election to fill the seat or skip it since a general election looms.

A Golden Isles by-election could be a fiscal waste and a political risk for the Progressive Liberal Party.

Why It Matters

Golden Isles Constituents are without a voice and a representative in the House of Assembly. Many may argue that voters deserve a member of parliament, even if for a short time. Not filling the seat could look dismissive to residents who already felt neglected by Miller before his death.

This by-election can be a financial waste, costing thousands of dollars in staffing, ballots, and logistics. In 2012, the North Abaco by-election reportedly cost about $25,000. In 2023, the West End and Bimini by-election reportedly cost about $10 million. And a New Providence by-election could cost even more.

Some may argue, why spend tens of thousands on a short-term parliamentarian when Bahamians will go back to the polls soon for the general election?

The by-election just months before a general election could be a political risk–a referendum on the government’s performance and popularity. If the PLP loses the seat or wins narrowly, it sends the wrong message heading into the polls. A loss, or even a close result, would bolster the Free National Movement (FNM).

The FNM, Coalition of Independents (COI) and the Democratic National Alliance (DNA), already gearing up for a general election, may not want another round of campaigning, and voters may feel election fatigue.

However, with a by-election, the PLP can show its strength by defending its 2021 win while testing its campaign machinery ahead of the general election.

The big picture

In 2021, PLP won Golden Isles by 627 votes. That’s comfortable but not untouchable. A swing of 300–400 voters could flip the seat.

By-elections often see lower turnouts, meaning a small shift in motivation to vote can make a big difference.

The FNM candidate for the constituency, Brian Brown, has already been nominated to run and has been canvassing the constituency for a few years, even after his loss to Vaughn Miller in 2021, meaning constituents know him and have tested his commitment to the area.

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The PLP, without a candidate selected for the area, will lose ground. Miller was not popular with voters, with many vowing not to vote for him if he was nominated again by the party to contest the seat for a third term because of his lackadaisical approach as an MP.

The bottom line

Whether Prime Minister Philip Davis calls a by-election or waits, he will suffer the consequences. The PLP can risk an early loss if they call a by-election now, or save taxpayers money but leave Golden Isles voiceless if they wait until the general election.

Who was Don Saunders? The former MP was killed in crime wave

The tragic killing of FNM Deputy Chair Don Saunders on Wednesday night sent shockwaves through the legal and political arena in the country, seen as an unprecedented killing in the crime fight.

He was 49.

Here’s what we know about Don Saunders

  • As a twin, he was born on the 12th February, 1975 in Nassau to Mispah and Donald G. Saunders and is the foster child of Archdeacon Keith Cartwright. Cartwright read Saunders’ last rites before his body was taken away in the hearse.
  • He served in various capacities in the Free National Movement Party (FNM) beginning in 2002  as Council Member, National Deputy Secretary and Executive Member.
  • He became an MP in 2017 and served as deputy speaker in the House of Assembly until 2021.
  • Don was head boy at L. N. Coakley Secondary School in Exuma in 1992. His earlier education was at St. Francis and Joseph Primary School.
  • He studied History at the College of The Bahamas; he studied Sociology and Political Science at the University of the West Indies, Cave Hill, Barbados, earning a Bachelor of Science Degree. He soon completed studies at the University of Leeds, leading to the award of a Bachelors of Law Degree (LL.B.); and completed a Post Graduate Diploma in Law and the Bar Vocational Course at the University of Northumbria, UK.
  • He was called to the Bar of England and Wales and the Bahamas Bar in 2001.
  • He served as Chairman of the Bahamas Bar Association’s Public Relations & Legal Aid Committee from 2002 to 2003.
  • He completed his pupilage at Higgs and Johnson; he was engaged as an Associate at Halsbury Chambers (2003-2008) and subsequently at Graham Thompson (2008-2012).
  • In late 2012, Don became a founding partner at Essex Law Chambers and served as the Property Manager of City West Property Management and Documents Express (Court Process Service and Messenger Services).
  • He served as a Director and Legal Adviser of the Bahamas Humane Society (2009-2012) and was appointed to the Board of the Bridge Authority (2011-2012).
  • Don was married to Tiffany Saunders and has two children.

Why rape, assault and death threat charges can’t stop Kirk Cornish from being MP for North Abaco

North Abaco MP Kirk Cornish was charged with rape, assault, and death threats on Wednesday for alleged abuse of his former girlfriend between January and April. The charges against the sitting Member of Parliament raised a legal question—do criminal charges disqualify Cornish from representing North Abaco in the House of Assembly?

The short answer is that even though Cornish is charged, the two counts of rape, two counts of assault, and one count of death threats against him cannot cause him to resign from the seat.

No law or rule stops him from staying in the House of Assembly while fighting the charges.

Cornish, a first-time MP, after winning the North Abaco seat in the September 2021 General Election, is not legally required to resign from his seat unless he is convicted and sentenced to more than 12 months in prison, according to Article 48 (1)(f) of the constitution.

If pressure from his party and the public builds, he can choose to leave his seat and the vacant seat would then require a by-election–when political parties put forward candidates as replacements for the MP who quit Parliament. Voters from the North Abaco constituency will choose who should succeed him.

In a statement released before his arraignment, Cornish defended his role as the partner in the two-year relationship with Warduia Lightbourne. “The charges are based on allegations which are totally false.

“I am fully confident that the facts which emerge during the judicial process will prove my innocence. I look forward to ending this nightmare…this was a breakup that was manipulated and exploited for political reasons—and nothing more.

“The truth will set me free.”

The charges are embarrassing for the Progressive Liberal Party and have thrust the mp’s conduct into the national spotlight since he also served as parliamentary secretary in the Prime Minister’s office before his resignation on Tuesday night.

While he is not the first sitting parliamentarian to be charged with a crime, it is a practical hurdle that could inhibit the governing party’s campaign in the next general election.

What to know about the woman accusing Kirk Cornish of rape, assault and death threats

The woman who accused Kirk Cornish of raping, assaulting and issuing death threats against her during their two-year relationship, was named in a court document as Warduia Lightbourne.

Earlier in the year when Lightbourne made the allegations, she was never officially identified but remained anonymous with broadcast media only showing her lower extremities as she recounted the horrid details entailing her boyfriend, the first-time North Abaco MP.

She filed the police report in April and Cornish was charged on Wednesday on five counts–two counts of rape, two counts of assault and one count of threats of death. She is expected to testify against him when the trial date is set, which will thrust her into the national spotlight.

Who is Warduia Lightbourne?

Lightbourne’s  Facebook page said she studied medicine in Cuba and pictures show her in a medical uniform as she holds a certificate from the Latin America School of Medicine in Havana.

Friends congratulated her as a pediatrician in 2020.

How did Warduia Lightbourne describe the rape, assault and death threats?

The 35-year-old accused Cornish of raping, assaulting and threatening her between January and April.

According to the claims, Cornish choked her twice near unconsciousness, then poked her in the eye which he excused to be ‘an accident’ while the couple stayed in Abaco.

She alleged he even threatened to kill her family while she watched.

On March 24 while spending time in Nassau together, Lightbourne said Cornish held a knife to her throat and attempted to stab her.

Then on April 4, he ripped off her pants and underwear and forced himself on her. Before leaving the house, the MP said he came by to kill the family but ‘not enough of the family was in the yard.’

She then filed a police report on April 7.

During her conversation with the media in April, she said, “…something has to be done because he needs help, and whatever route that takes, it has to be done.

“I didn’t do this to hurt him. I did this to help him.”

Kirk Cornish is charged with five counts for assault of girlfriend; He was remanded to BDOC until bail is approved

A prosecutor has charged North Abaco MP Kirk Cornish on 5 counts centering on the alleged abuse of his former girlfriend. The first-time Member of Parliament who came to office in 2021 was arraigned in the Magistrate’s Court on Wednesday morning following months of swirling accusations and questioning.

Cornish is charged with counts of sexual assault, physical assault, and death threats.

He did not enter a plea, was denied bail, and remanded to the Bahamas Department of Corrections. His attorneys Owen Wells and Anthony McKinney made a mad dash to the Supreme Court seeking bail approval.

The night before his arraignment Cornish said “The truth will set me free,” proclaiming the allegations came as a result of “a break up that was manipulated and exploited for political reasons—and nothing more.”

What is Kirk Cornish charged with?

The 5-count charges returned by prosecutors on Wednesday include:

  • Two counts of rape
  • Two counts of assault
  • One count of threats of death

Questions about Kirk Cornish’s conduct

The charges against Cornish were filed after months of police investigations and after he was questioned in April for the alleged claims. He was elected the Member of Parliament in September 2021 for North Abaco following the General Election and during his second year serving in the position, he has been dogged by the allegations about his conduct toward his girlfriend who appeared in the media to reveal the horrid details of their two year relationship. The woman Warduia Lightbourne said “…something has to be done because he needs help, and whatever route that takes, it has to be done. I didn’t do this to hurt him, I did this to help him.”

Cornish has been accused of choking her twice near unconsciousness, then poking her in the eye which he excused to be an accident. She alleged he even threatened to kill her family while she watched.

On March 24 while spending time in Nassau together, she said Cornish held a knife to her throat and attempted to stab her. Then on April 4, he ripped off her pants and underwear and forced himself on her. Before leaving the house, the MP said he came by to kill the family but ‘not enough of the family was in the yard.’

She then filed a police report on April 7.

Cornish was questioned by police in May and released as police continued their investigations.

Since the court filings, he has resigned as Parliamentary Secretary in the Office of the Prime Minister and remains the MP for North Abaco.

When will Cornish appear in court?

He will return to court on October 17 for a Voluntary bill of indictment and could face years in prison.

‘The truth will set me free’: Kirk Cornish resigns and denies allegations ahead of his arraignment

After months of waiting to see if the controversial sitting North Abaco MP Kirk Cornish will face charges for the alleged sexual and physical assault of his former girlfriend, the first-time MP will be arraigned on charges of sexual assault and threats of death.

The new and stunning development came Tuesday evening though police reports failed to specifically identify the “48-year-old male of Abaco.”

Cornish responded after reports circulated that he was indeed the individual to be arraigned in the Magistrate’s Court at 10 am.

“The charges are based on allegations which are totally false.

“I am fully confident that the facts which emerge during the judicial process will prove my innocence. I look forward to ending this nightmare,” he said in a statement.

This statement came after he resigned as Parliamentary Secretary in the Office of the Prime Minister, to which PM Philip Davis said the Director of Public Prosecutions “determined that there is sufficient evidence to bring charges” against Cornish.

“It is now up to our judicial system to resolve the outcome,” Davis summed up in a press release.

Cornish was questioned in May about the alleged incident which occurred in April and turned himself in to authorities in Grand Bahama where the police report was filed, but was soon released after questioning.

Many in the public doubted his arrest considering his public profile.

This case is unprecedented in nature and rarely do Bahamians see the arrest and charge of parliamentary members.

His charge and arraignment means he has a case to answer but Cornish said the evidence will show that “this was a break up that was manipulated and exploited for political reasons—and nothing more.

“The truth will set me free.”

Cornish remains the member of parliament for North Abaco.

Will Kirk Cornish Be Arrested and Charged With Sexual Assault?

It’s a wait-and-see situation on whether or not North Abaco MP Kirk Cornish will face charges for the alleged rape and physical assault of a woman.

He “turned himself in” to authorities on Thursday in Grand Bahama where the sexual assault allegations were formally made against him by a former girlfriend, nearly three weeks ago.

Will Kirk Cornish be arrested?

Kirk Cornish was released after questioning which means he was not held overnight in police custody.

Police can arrest him if they have a case against him, placing him before the courts to be charged.

Many people in the public doubt his arrest in this matter since he is considered a high profile individual. The case is unprecedented in nature and rarely do Bahamians see the arrest and charge of parliamentary members, unless it is politically motivated.

Why is this case complicated?

As of now, we do not know if the police intend to arrest Kirk Cornish in a matter that could include conflicting reports from two individuals who were in an intimate relationship, where there may have been no other witnesses.

If he is not arrested, some in the public will conclude that partiality was shown to him when compared to the average Bahamian who may have the same allegations leveled against them. And if he is charged, many in the public will call for his resignation, though he is not legally required to do so. This puts the governing party of which he is a part of, in a prickly position.

 

Kirk Cornish Spent the Evening in GB Under Questioning in Sexual Assault Case

North Abaco Member of Parliament Kirk Cornish was in Grand Bahama on Thursday to answer questions about the sexual assault allegations leveled at him by his former girlfriend.

The questioning took place at a police station in the nation’s second city where the complaint was made. The announcement of his appearance accompanied by a lawyer, drew attention and widespread public debate that his historic surrender brings.

Many Bahamians took to social media to express, “No one is above the law,” when the authorities announced that Cornish “turned himself in” around 5:25 pm.

Cornish, who is a sitting member of parliament, was asked about his encounters with the unnamed woman who accused him of choking her twice near unconsciousness, then poking her in the eye, before threatening to kill her family.

She alleged on March 24 while spending time in Nassau together, Cornish held a knife to her throat and attempted to stab her. Then on April 4, he ripped off her pants and underwear and forced himself on her.

When she filed an official complaint against him on April 7, he was not questioned immediately, until Commissioner of Police Clayton Fernander announced this week that Cornish would be brought in during the week to answer questions in regard to the accusations after their preliminary investigations were completed.

Though the media did not outrightly identify him as the person accused of the sexual assault, they asked him about the allegations as he arrived at Parliament, to which Cornish replied, “No comment.”

The woman told the media “…something has to be done because he needs help, and whatever route that takes, it has to be done. I didn’t do this to hurt him, I did this to help him.”

It remains to be seen if police have sufficient evidence to charge him with a crime.

What to Know About the Unnamed MP’s Sexual Assault Probe

When an ex-girlfriend accused a member of parliament of assault and rape over two weeks ago,  authorities never questioned him. Now police are promising to bring him in for questioning this week after their preliminary investigations, Commissioner Clayton Fernander said.

The MP’s questioning will be another chapter in the assault and rape claims after the woman filed a complaint with the police against the ex-lover.

The uncertainty of the questioning process has spurred public debate. This development thrusts him, the government, the police force, and the country into unchartered waters.

What does the woman allege?

The woman who has not been officially identified said she and the MP were in a two-year relationship in which he choked her twice near unconsciousness. Then he poked her in the eye which he excused to be an accident.

She alleged he even threatened to kill her family while she watched.

On March 24 while spending time in Nassau together, he held a knife to her throat and attempted to stab her, she alleged.

Then on April 4, he ripped off her pants and underwear and forced himself on her. Before leaving the house, the MP said he came by to kill the family but ‘not enough of the family was in the yard.’

She then filed a police report on April 7

Who is the MP?

The media has been careful in publishing the MP’s name since he has not been officially named by the police and has not been charged with a crime. But public discourse alluded that he is a member of Parliament representing the Abaco constituency.

When reporters asked Commissioner Clayton Fernander to name the MP who is the suspect in the matter, he said, “The nation knows who the MP is.”

Will the MP be arrested?

Assault and rape are serious allegations. Those allegations levied against a sitting member of parliament are rare and grave, and could spark calls for resignation. Only a handful of MPs have been questioned by police. If he is arrested and charged, he will be the first MP formally accused with such serious offense.

What did the prime minister say?

Prime Minister Philip Davis has remained relatively quiet on the matter, but made his first comment on Saturday, suggesting that someone told him the alleged victim did not wish to press charges against the sitting MP. Davis said he will await the outcome of the police investigation, then he will speak on the matter.

What did the lawyer for the alleged victim say?

The woman refuted claims that she is with-drawing statements she made against the MP. In speaking to the Tribune, she doubled down: “I am continuing my pursuit of justice in this matter, and I will continue to cooperate with the police as they investigate.”

In fact, she retained a lawyer Bjorn Ferguson after the PM’s statement. The lawyer said the victim “expects a professional investigation to be undertaken.”

“At the conclusion of the police investigation, we expect the case file to be reviewed by the Director of Public Prosecution.”