Public Administration and Communications Minister Maxie Cuffie is claiming victory in the election petition case brought against him by the United National Congress following the September 7 general election.
Attorneys for the UNC, led by former attorney general Anand Ramlogan, are challenging a decision by the Elections and Boundaries Commission to extend the hours of voting by one hour, moving it from 6 pm to 7 pm in Trinidad, because of the rain.
Other MPs who have been served with the election petitions are San Fernando West MP Attorney General Faris Al-Rawi, Toco/Sangre Grande MP Glenda Jennings Smith, Tunapuna MP Esmond Forde, St Joseph MP Terrence Deyalsingh, Moruga/Tableland MP and Minister in the Ministry of Education Dr Lovell Francis .
Cuffie, MP for La Horquetta/Talparo, welcomed last Thursday’s ruling saying he always “felt confident that I was validly elected on September 7, and I have operated since then on that basis.”
He said his matter was “separate from all the others because there was one peculiarity in my issue.”
Cuffie said he had a different defence because he “was not served properly and on time.”
He said his attorneys, which included Douglas Mendes SC and former attorney general John Jeremie SC, “made an application to the court for my petition to be struck out and it was successful.”
Cuffie said he remained confident that the other matters would end in favour of the Government MPs.
But UNC leader Kamla Persad-Bissessar said the matter was “under appeal.”
She said the ruling was given on a technicality adding that the MPs were evading service of the petitions.
The other matters are expected to be heard in June.
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Besides the petitions, Justice Mira 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 extension 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 by 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.