Senior Reporter
derek.achong@guardian.co.tt
The United National Congress (UNC) will now have to pursue its election petition for the district of Lengua/Indian Walk before the Court of Appeal.
On Wednesday afternoon, High Court Judge Marissa Robertson dismissed the petition, which was filed by the party after the Local Government Elections on August 14, last year.
Guardian Media understands that the party’s legal team was drafting the appeal up to late yesterday.
Under the Representation of the People Act, election petitions are only heard by the local courts with no possibility of a final appeal before the country’s highest court, the United Kingdom-based Privy Council.
The petition was based on what transpired in two successive recounts for the district that occurred when PNM candidate Autly Granthume was announced as the winner over UNC candidate Nicole Gopaul on election night.
Granthume initially received 1,430 votes compared to Gopaul’s 1,425.
At the end of the first recount, both candidates were found to have received 1,428 votes.
However, a special ballot in favour of Gopaul, which would have broken the tie, was rejected by the Presiding Officer due to the failure of the Returning Officer to place their initials on it.
A second recount yielded the same result as the first, with the Elections and Boundaries Commission (EBC) declaring that a by-election was required.
The pending petition meant that the incumbent chairman of the Princes Town Regional Corporation remained in office as a new chairman could only be elected after the councillor for the district was determined, despite the UNC securing the nine remaining districts which make up the corporation.
In the event that the party does not successfully challenge Justice Robertson’s decision before the Court of Appeal, a by-election will have to take place.
In determining the case, Justice Robertson ruled that the EBC properly followed the provisions of the Elections Rules in rejecting the ballot.
“Collectively, these provisions speak to the importance of the existence of the initials of the Returning Officer to verify that the ballot as being the one which was previously issued by the Returning Officer for the election in question,” she said.
While Justice Robertson considered the fact that the Statement of Poll suggested that all ballots issued were numerically accounted for, she noted that such accounting could not confirm that the disputed ballot was initially issued by the Returning Officer.
She also rejected submissions from the party that the Returning Officer could have corrected the issue.
“This Court has determined that there is no corrective procedure in the Election Rules to treat with a special ballot which does not contain the initials of the Returning Officer,” Justice Robertson said.
“A Court cannot cure a defect which the Rules themselves do not contemplate,” she added, as she noted that only Parliament could address the issue by amending the legislation.
Criticism for the EBC
Despite the findings, Justice Robertson did criticise the EBC for also claiming that the UNC did not properly challenge the rejected ballot on election night when it first responded to the petition.
Stating that the EBC did not clearly outline the reasons for its decision, Justice Robertson said: “In this regard, the commission ought to have presented its reasons with a greater degree of precision to provide not only the enquiring candidate with a fair opportunity to consider their options but also for greater transparency in the electoral process.”
“Such standards are required to be maintained even when the timelines are stringent,” she added.
Justice Robertson noted that the EBC’s failure did not prejudice the petition.
Another legal blow
The UNC also filed a petition over the EBC’s handling of the Arima Northeast district.
However, that petition was dismissed at a preliminary stage by High Court Judge Frank Seepersad over claims by the EBC over procedural errors in filing it.
In the application, the EBC contended that the petition, pursued by UNC candidate Jairzinho Rigsby, should have named PNM candidate Kim Garcia, who was declared the winner after a recount and verification exercise, as the respondent.
Although Justice Seepersad ruled that that petition was hopelessly flawed as a result of the error, he was careful to note that his finding did not mean that Rigsby’s complaints were frivolous.
He suggested that the EBC should consider a critical and comprehensive review of its current processes based on Rigsby’s complaints.
The UNC was represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal, Saddam Hosein, and Natasha Bisram. Deborah Peake, SC, and Ravi Heffes-Doon represented the EBC. The PNM was represented by Michael Quamina, SC, Ravi Nanga, Celeste Jules and Adanna Bain.
Al-Rawi: Matter in PM’s hands now
In a statement last night, Local Government Minister Faris Al-Rawi said the timing of an election is a matter up to the Prime Minister.
Al-Rawi said the PNM acknowledged the judgment which dismissed the UNC’s petition.
“In accordance with our democratic principles, the PNM abides by the court process and due process and welcomes the development...our country has a well established and unblemished history of conducting elections and we are confident that under this Government, this precedent shall prevail,” he said.
Al-Rawi didn’t comment on what would occur if the UNC decided to appeal the judgment.
Soon after the ruling, Moruga MP Michelle Benjamin posted on Facebook, “Based on the judgment handed down by the judge, it signals a victory for the people of Lengua/ Indian Walk; therefore, let us keep focused and allow justice to take its course.
“We look ahead and embrace this only as a pillar of strength to test our faith and resilience. Our petition has been rejected by the courts, rest assured the fight has now begun!”
Indian Walk district feel confident that we will continue the fight until victory is secured. Justice delayed, is not justice denied; we will prevail! Whether it be at the polls or in court, victory will be ours!!!”
