High Court Judge Mira Dean-Armourer will begin hearing the United National Congress (UNC)’s petitions challenging the results of the September 7 general election next Friday.
Attorneys representing the UNC, People’s National Movement (PNM) and the Election and Boundaries Commission (EBC) were yesterday notified of the date of the hearing, which is expected to go for a case management conference to determine a timeline for the case.
The notification comes days after the Court of Appeal dismissed an appeal from the PNM and the EBC challenging Dean-Armourer’s decision to grant the party preliminary leave to pursue their petitions seeking by-elections in six marginal constituencies.
Delivering their oral judgment at the Hall of Justice in Port-of-Spain on Monday, the three-member panel was split two to one, with Chief Justice Ivor Archie providing a dissenting opinion, saying that the UNC’s petitions should have been immediately dismissed.
In their petitions, the UNC is claiming that the EBC acted illegally when it decided to extend the polls in Trinidad by one hour due to heavy rainfall. The party will now have to provide evidence through witnesses to prove that its loss in the elections was materially affected by the EBC’s decision.
The constituencies being contested are La Horquetta/Talparo, Toco/Sangre Grande, Tunapuna, St Joseph, Moruga/Tableland and San Fernando West.
Besides the petitions, three individuals have filed private lawsuits challenging the EBC’s power to extend an election. Social activist Ravi Balgobin Maharaj has filed a judicial review contending that the EBC went beyond its parameters, while Tobagonians Irwin Layne and Melissa Sylvan have filed constitutional motions claiming that the EBC was biased in extending the poll only in Trinidad, when there were similar weather conditions in Tobago.
Dean-Armourer has also been assigned to preside over both lawsuits but has adjourned them to early next year, as they are likely to be affected by the outcome of the UNC’s petitions.