Atherly freed in ballot box case
SAN FERNANDO Mayor Ian Atherly celebrated in style yesterday after it was announced that Director of Public Prosecutions (DPP) Geoffrey Henderson had decided to withdraw the charge of tampering with a ballot box against him, the Express reported. An unedited video recording by a television cameraman held the key to his freedom.
Atherly left the San Fernando High Court after the announcement by State attorney Angelica Teelucksingh, and went to pray at the Our Lady of Perpetual Help Catholic Church, a short distance away on Harris Promenade.He was then followed by members of his family and other supporters to his home where champagne and other alcoholic beverages flowed.
Atherly was the campaign officer for then San Fernando West PNM candidate Diane Seukeran when he was charged with interfering with a ballot box at the Mon Repos Fire Station on October 4, 2002, the day special electors voted in the general election.
The charge was laid by Supt Dyo Mohammed against Atherly, 50, a former national cyclist.
The punishment for this crime is a $20,000 fine and two years in jail.
Several witnesses, including media reporters and photographers who were working on the day of the alleged incident, were expected to testify against Atherly.
When the matter was called yesterday, Teelucksingh told Justice Joan Charles that Atherly was indicted based on the evidence of Winston Woods, the presiding officer at the polling station.
In a statement to the police, Woods said no one was allowed to touch the ballot box.
"Only myself, the special presiding officer and the witness to the securing of the box are allowed to touch the box," Woods said.
Teelucksingh told the court that Woods expressly stated that no permission was given by him to anyone to shake or touch the ballot box.
"An unedited tape produced by Phillip Britton, an employee at NBN, was recently made available to the prosecution on March 3, 2006. In that tape Woods, the presiding officer, invites persons, including Ian Atherly, to inspect the ballot box.
"There is nothing to suggest that the tape is not authentic. The tape clearly contradicts the evidence of Woods," Teelucksingh said.
Justice Charles was told that the prosecution intended to file a formal notice to discontinue the matter and asked for an adjournment to today.
The judge commended the DPP and asked Teelucksingh to enquire of him what action, if any, would be taken against Woods.
"It does not have to do with the status of the accused (Atherly) but every citizen of this country who is entitled to be protected from what happens when (false) statements like these are given," Justice Charles said.
Speaking with the Daily Express after leaving court, Atherly said he was happy with the turn of events.
"Good has triumphed over evil. It was sheer victimisation and it showed that there were other forces at play to crucify me. But I was so vigilant all the way to have 12 copies of the unedited tape distributed throughout San Fernando with close friends (for safe keeping). It's the very tape that has vindicated me today when the truth was finally brought out," Atherly said.
Atherly said he has paid the price for doing what was good for the party of his choice.
"I feel very sorry now for people like Robin Montano who offered his services pro bono (free of charge) to crucify (prosecute) me for something that I was right about. But God does not sleep. He was terminated by the same political leaders who he wanted to kill me over and more of those who had a hand in me being charged will fall by the wayside," he said.