A High Court Judge has urged attorneys for the country’s two main political parties to work together to expedite the hearing of six election petitions challenging the result of the September 7 general election.
Justice Mira Dean-Armorer made the plea yesterday during the first hearing of the petitions since the Court of Appeal, in a majority ruling, threw out an appeal from the People’s National Movement (PNM) and the Elections and Boundaries Commission (EBC) challenging Dean-Armorer’s decision to grant the United National Congress (UNC) permission to pursue the petitions.
“I hope that everyone would work together and focus on what is important—peace and order in our country,” Dean-Armorer said, as she noted that the petitions should be dealt with expeditiously since they would affect the stability of the Government.
“This is a matter of national importance and everyone in this court will have to clear their schedules to deal with it,” Dean-Armorer said.
During yesterday’s hearing, Dean-Armorer set timelines for each party to file their evidence and written submissions for the petitions, with three days between June 27 and 30 being set aside for oral submissions.
Dean-Armorer stated that she did not think that the oral hearings in June should take much time as she would not be allowing the parties to cross-examine each others’ witnesses.
Each petition will be heard separately as evidence from voters from each of the six marginal constituencies being challenged is likely to be different.
As the EBC and the two parties prepare their witness statements over the next three months, the High Court Registry is also expected to issue notices calling on members of the public in the affected constituencies who may wish to testify as independent witnesses to come forward.
Central to the UNC’s petition is its claim that EBC returning officers acted illegally when they followed the EBC’s directive to extend the poll in Trinidad by one hour due to heavy rainfall.
The party will now have to bring evidence to prove that its defeat in the constituencies was marginally affected by the EBC’s decision to extend the polling hours.
The constituencies being challenged are Toco/Sangre Grande, Tunapuna, St Joseph, San Fernando West, Moruga/Tableland and La Horquetta/Talparo.
The PNM on Thursday filed an application to have the petition for La Horquetta/Talparo immediately struck out due to an apparent procedural error made when it was filed shortly after the election. Attorneys for the UNC and PNM were yesterday also given instructions to file submissions on the issue.
A hearing to determine the matter will be held on March 3.
Related cases
Besides the petitions, Dean-Armorer has also been assigned two cases in which three private citizens are challenging the EBC’s decision. Social activist Ravi Balgobin Maharaj has filed a judicial review seeking the court’s clarification on whether the EBC had the constitutional power to make the decision, while Irwin Lyne and Melissa Sylvan are claiming that the EBC breached the constitutional rights of Tobagonians by not allowing them an extension. Both cases have been deferred as they would be directly affected by the outcome of Dean-Armorer’s decision on the petitions.
The UNC is being represented by Timothy Straker, QC, Anand Ramlogan, SC, Gerald Ramdeen, Wayne Sturge and Kent Samlal. The PNM’s legal team is being led Senior Counsel Douglas Mendes and John Jeremie and includes Michael Quamina, Kerwyn Garcia, Terrence Bharath and Celeste Jules. Senior Counsel Russell Martineau and Deborah Peake are leading the EBC’s legal team.
A pre-trial review of the petitions, in preparation for the oral hearings, will take place on April 28.