Tuesday, April 21, 2009

Something to think about (III)

Paul Reynolds, the Chief Electoral Officer of Newfoundland & Labrador released a rather bizarre statement at the end of the day. You can read it all, right here, but for purposes of our discussion, let's just focus on the following paragraph:

"...there is no evidence that anyone other than Mr. Byrne was involved in a deliberate attempt to manipulate funds or to otherwise fraudulently circumvent the provisions of elections finance requirements in the Elections Act, 1991.

On the basis of the above, I conclude that any impropriety involved in the 2001 St. Barbe by-election was related to the actions of Ed Byrne, actions for which he has been convicted, and are not attributed to other persons involved in that by-election."

Those are Paul Reynolds' words. Not mine.

Funny thing is, Ed Byrne has never been charged with any offences under the Elections Act. None. Nor have any of his lackeys. Not even this obvious one:

306. (1) No person other than the chief financial officer of a registered party or candidate shall authorize election expenses for that party or candidate and no election expenses shall be incurred except by a chief financial officer or a person designated in writing by a chief financial officer for that purpose.

So if Mr. Reynolds' assertion is correct, why are there no charges, and why is there no investigation?

But it gets better. Because Mr. Reynolds doesn't only have a case against Mr. Byrne (whom he has arbitrarily charged and convicted by way of phantom press release), he has a case against the Progressive Conservative Party. His Progressive Conservative Party.

326. (1) A prosecution for an offence under this Part may be instituted against a political party or trade union in the name of the political party or trade union. (2) For the purpose of a prosecution for an offence under this Part, a political party or trade union has the capacity of a natural person of full age and capacity.

327. (1) An act or thing done or omitted to be done by an officer, official or agent of a political party or trade union within the scope of his or her authority to act on behalf of the political party or trade union is an act or thing done or omitted by the political party or trade union.

Hmmm... wasn't Ed Byrne Leader of the Progressive Conservative Party?

Ah. Omissions. Vicarious liability. The list goes on.

And then, of course, there's dereliction of duty:

5. It is the duty of the Chief Electoral Officer
(a) to exercise general direction and supervision over the administrative conduct of elections and to enforce on the part of election officers fairness, impartiality and compliance with this Act;


Turns out that there very well may be someone "other that Mr. Byrne involved in a deliberate attempt to cricumvent" requirements of the Elections Act.

That someone is Paul Reynolds.

UPDATE - more, courtesy of Orwellian Spin,

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