The High Court Judge presiding over election petitions brought by the United National Congress (UNC) has been asked to place little weight on the opinion of Commonwealth and Caricom elections inspectors who certified last year’s controversial general elections.
British Queen’s Counsel Timothy Straker made the appeal yesterday, as he began responding to submissions from the Elections and Boundaries Commission (EBC) and the People’s National Movement (PNM) over the legality of the EBC’s decision to extend the poll by one hour due to heavy rainfall in Trinidad on September 7.
Straker pointed out that while reports from both groups mentioned discontent over the decision following the result of the election, neither explicitly described the “catastrophic” weather conditions which the EBC’s lawyers claimed necessitated the extension.
He also noted that while the EBC and the PNM relied on the reports to justify the extension, neither group of inspectors expressed their opinions on the EBC’s ability to do so under local legislation.
Straker rejected submissions from the EBC and PNM, who called upon Justice Mira Dean-Armorer to strongly consider the fact that PNM candidates would still have been victorious even if all votes cast after 6 pm, regardless of the candidate chosen, were to be deducted from their totals.
“It is important to note that the petitioners’ case has always focused on the process used and not whether the outcome was materially affected,” Straker said, as he claimed that the proper conduct of the election is vital to democracy.
He said an integral part of elections is allowing everyone who is allowed to participate equally.
“The right to vote is a right to participate in an election on equal terms to anyone else. The right to vote would be to do so between 6 am and 6 pm.”
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. Straker is expected to complete his reply today. Dean-Armorer had promised to deliver her judgment in the case in August.