Lawyers for the United National Congress (UNC) yesterday began presenting submissions in its appeal of a decision by a High Court Judge who dismissed its five election petitions challenging the result of last September’s general election.
In August, Justice Mira Dean-Armorer had rejected the UNC’s claim that the election should be invalidated because the Election and Boundaries’ Commission (EBC) extended the poll by one hour due to heavy rainfall in Trinidad.
While Dean-Armorer had agreed with the UNC that the EBC acted illegally, she ruled its error did not materially affect the result of the election, in which People’s National Movement (PNM) beat the UNC by a 23-18 margin.
Presenting submissions before the Court of Appeal yesterday, British Queen’s Counsel Timothy Straker said Dean-Armorer could not have found that the EBC acted illegally and still rule that the election result was valid.
Chief Justice Ivor Archie, the head of the Appeal panel, questioned the UNC’s challenge of Dean-Armorer’s dismissal of its evidence of the unknown consequences of the EBC’s decision as speculation.
Refering to statistics raised throughout the trial, which showed that PNM candidates would have won even if all votes cast during the one- hour extension, regardless of the candidate chosen, were deduced from the total votes they received, Archie said:
“The numbers may not be the end of the story but they might matter.” Appellate Judges Allan Mendonca and Peter Jamadar are also presiding over the appeal.
Straker admitted that the numerical analysis was required but stated the court had a greater duty in the interest of democracy to ensure that the election was conducted in a free and fair manner.
In calling on the panel to “rehear” the case and not simply review Dean-Armorer’s decision, Straker also noted that she failed to consider the fact that the EBC took the decision without doing an extensive investigations of the weather conditions throughout Trinidad.
“One can not simply stand here in Port-of-Spain and know what the weather conditions would be like in San Fernando,” Straker said.
Straker is expected to continue his submissions when the appeal resumes this morning. He will be followed by attorneys for the EBC and the PNM, which has been included as an interested party in the case.
ABOUT THE CASE
In its petitions, the Opposition claimed 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.
The UNC initially filed six petitions. However, its petition for the La Horquetta/Talparo constituency was dismissed at a preliminary stage as it was served on the successful PNM candidate Maxie Cuffie after the time limit for doing so had expired. The other marginal constituencies that were challenged are Toco/Sangre Grande, Tunapuna, St Joseph, San Fernando West and Moruga/Tableland.
The PNM and the EBC had initially challenged Dean-Armorer’s decision to grant the UNC leave to pursue the petitions but her decision was upheld by the same panel of the Court of Appeal currently hearing its final appeal.