The United National Congress (UNC) will know the fate of its election petitions challenging the Elections and Boundaries Commission’s (EBC) decision to extend last year’s general elections by one hour one month before the one-year anniversary of the controversial poll.
High Court judge, Mira Dean-Armorer, who is presiding over the Opposition’s party’s petitions for five marginal constituencies, yesterday promised its attorneys and those for the EBC and the People’s National Movement (PNM) that she would deliver her judgment in August, less than two months after the trial of the petitions is set to be completed.
Presenting submissions on behalf of the UNC at the start of the trial in the Port-of-Spain High Court yesterday, British Queen’s Counsel Timothy Straker repeatedly said the EBC acted illegally and beyond its legislative remit when it decided to extend the September 7 poll by one hour in Trinidad only, due to heavy rainfall.
Straker claimed that election legislation did not confer an explicit power on the EBC to extend the polls, only to suspend or postpone it to the following day in instances of riots and violence. He said any such change would have to be done by Parliament.
Straker also claimed that by following the directive, its returning officers and other staff committed “corrupt offences” under the Representation of the People Act by allowing persons to vote outside of the 6 am to 6 pm traditional voting hours.
“It may be that they had been duped to perform these corrupt practices but nevertheless they were corrupt practices,” Straker said as he described the EBC’s decision as “shocking, ill-judged and ill-conceived.”
He added that by admitting to allowing votes to be cast past 6 pm in their witness statements, the EBC staff technically admitted guilt for the offences.
In addition to strict timelines for the polls, Straker noted that Parliament had also been “time-specific” about election-related offences and regulations, including the sale of alcohol on election day, conduct in and around polling stations and the time period alloted for voters to use poll booths.
He claimed that the EBC’s decision would have had a negative impact on citizens who would have been confused as to the impact of extension on election day regulations.
Straker also complained of the method used by the EBC to communicate the extension, which was done via press release as opposed to advance publication in newspapers as required by the legislation.
Straker said his clients would bring witnesses to show that voters in the contested constituencies were unable to take advantage of the extension as they only learned of it after it had expired and others who were preventing from casting their ballots during the extended hours by EBC officials who had not received communication of the decision.
Dealing briefly with the impact of the decision on outcome of the election, Straker claimed there could be no dispute that breaches of the election rules “materially and substantially affected the poll.”
He added: “It is obviously the case that an election can be voided wotton considering how many voted or didn’t. It had been conducted corruptly whatever the circumstances of the numbers.”
Straker will continue his submissions before Dean-Armorer this morning.
ABOUT THE CASE
Following its 23 to 18 defeat in the election, the UNC initially filed petitions for six marginal constituencies—La Horquetta/Talparo, Toco/Sangre Grande, Tunapuna, St Joseph, San Fernando West and Moruga/Tableland.
In March, however, the petition for La Horquetta/Talparo was struck out by Dean-Armorer due to an administrative error by the UNC in filing it. 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 and 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 Opposition Leader Kamla Persad-Bissessar, SC, former attorney general Anand Ramlogan, SC, Kent Samlal and Douglas Bayley.
The PNM is being represented by Douglas Mendes, SC, Kerwyn Garcia and Celeste Jules. Senior Counsel Russel Martineau and Deborah Peake and attorney Ravi Heffes-Doon are representing the EBC.