Questions have been raised over the validity of a lawsuit claiming that Tobagonians were unfairly denied a one-hour extension afforded to Trinidadian voters in September’s general election.
Senior Counsel Douglas Mendes raised the issue during the first hearing of the case brought by Tobagonians Irwin Layne and Melissa Sylvan in the Port-of-Spain High Court yesterday.
Mendes explained he had a issue with the fact that Layne and Sylvan were challenging both the legality of the extension and whether Tobagonians were discriminated against as it was not extended to them,
“Can you find the right of equality of treatment on an illegal act?” Mendes said as he suggested that presiding Judge Mira Dean-Armourer should deal with his query before allowing the case to proceed.
Dean-Armourer disagreed as she said the issue would be dealt with in the substantive case.
However, she did agree to his suggestion that the case be considered after the United National Congress (UNC)’s election petitions were determined as their results may affect the outcome of the case.
Mendes said: “I suggest you use your case management powers to ensure that parties do not bear necessary legal costs in this matter.”
On Monday, the UNC scored a major legal victory as the Court of Appeal dismissed an appeal from the Election and Boundaries Commission (EBC) and the People’s National Movement (PNM), challenging Dean-Armourer’s decision to grant the political party leave to pursue their petitions in six marginal constituencies.
The disputed constituencies are La Horquetta/Talparo, Tunapuna, Moruga/Tableland, St Joseph, Toco/Sangre Grande and San Fernando West. A date for the hearing of the petitions is yet to be set.
The UNC will now have to bring witnesses to prove its claim that the election result was materially affected by the extension. The EBC and the PNM will also be allowed their own witnesses, with notices being published by the Judiciary to solicit third party witnesses from the constituencies, who were impacted and wish to testify.
Dean-Armourer has also been assigned a third case challenging the EBC’s decision on September 7 to extend the polls.
In that case, activist Ravi Balgobin-Maharaj, famous for his parallel hunger strike with environmentalist Dr Wayne Kublalsingh, is asking the court to declare that the EBC had overstepped its legal parameters when it granted the extension.
Dean-Armourer has agreed to hear that case while the petitions are being determined, with attorneys for Balgobin-Maharaj and the EBC already given instructions to file their final submissions in that case by next February.
Layne and Sylvan are being represented by Anand Ramlogan, SC, Gerald Ramdeen, Kent Samlal and Darryl Herralal, who are also representing Balgobin-Maharaj in his judicial review and the UNC in its election petitions. Karel Douglas is appearing alongside Mendes.
The next case management conference in Layne and Sylvan’s case will take place next February 17. —See Page A11