High Court Judge Mira Dean-Armorer yesterday struck out one of six election petitions from United National Congress (UNC) which challenged the results in six marginal constituencies of last year’s general election.
Delivering an oral judgment in the Port-of-Spain High Court yesterday, Dean-Armorer upheld an objection from the People’s National Movement (PNM which said the petition for the La Horquetta/Talparo constituency should be dismissed as the political party was notified of the petition outside the five-day limit prescribed by the Representation of the People Act.
In its application the PNM claimed that the period began on September 19, 2015 the day after Dean-Armorer granted the UNC leave to pursue their challenge against the Elections and Boundaries Commission’s (EBC) decision to extend the poll in Trinidad by one hour due to heavy rainfall on election day (September 7, 2015).
However, the UNC said that while it delivered its documents to the assistant High Court Registrar on the day specified by the PNM, the period for giving notice of the petition started when the documents were stamped and returned to its attorneys two days later as the process could not be done outside the court’s working hours.
In her ruling, Dean-Armorer said while the UNC endeavoured to meet the deadline by approaching the registrar on the weekend, the subsequent administrative delay over the weekend could not extend the strick deadline set by the legislation.
As a result of the decision, the UNC was ordered to pay the PNM’s legal costs for challenging the petition. Dean-Armorer’s judgment does not affect the five other petitions which were filed within the terms prescribed by the legislation.
Immediately after the ruling, head of the UNC’s legal team, former attorney general Anand Ramlogan. SC, said that the party planned to appeal. Dean-Armorer has set tentative dates for the hearing of the remaining petitions: June 27 to 30.
About the case
In its petitions, the Opposition party is claiming that the EBC’s returning officers acted illegally when they followed the EBC’s directive to extend the poll as the commission did not have the power to adjust the 6 am to 6 pm time period for elections. It contends its defeat in the constituencies was marginally affected by the EBC’s decision to extend the polling hours.
In addition to La Horquetta/Talparo, the other marginal constituencies being challenged are Toco/Sangre Grande, Tunapuna, St Joseph, San Fernando West and Moruga/Tableland. The PNM and the EBC had initially challenged Dean-Armourer’s decision to grant the UNC leave to pursue the petitions but her decision was upheld by the Court of Appeal.
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.
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 also being represented by Timothy Straker, QC, Gerald Ramdeen, Wayne Sturge and Kent Samlal. The PNM’s legal team also includes John Jeremie SC, Douglas Mendes SC and includes Michael Quamina, Kerwyn Garcia, Terrence Bharath, Celeste Jules and Elena Araujo.
Senior Counsel Russell Martineau and Deborah Peake are leading the EBC’s legal team.