The Court of Appeal has almost a month to set the date for the hearing of the appeal against the United National Congress’ (UNC) election petitions challenging the one-hour extension of the general election earlier this month.
With the Elections and Boundaries Commission (EBC) filing the appeal on Monday, the country’s second highest appellate court now has 28 days to finalise the hearing.
The T&T Guardian understands that UNC attorneys were served with the notice of the appeal being filed but are yet to receive the grounds being relied upon by the commission.
The issue of serving legal documents in the case shot to the public limelight after Attorney General Faris Al-Rawi complained of being harassed by a bailiff, Mark Adams, while attending the funeral last Friday of People’s National Movement stalwart Errol Mahabir.
Adams has since denied any wrongdoing as he claimed his actions were influenced by Al-Rawi attempting to evade him.
The UNC passed the first hurdle in its challenge against the EBC’s decision on September 18 when Justice Mira Dean-Armour ruled it had presented an arguable case with a realistic prospect of success.
The UNC, which lost the election to the PNM 23-18, is claiming that the EBC’s rules and the Constitution give the EBC only the power to adjourn an election in instances of public violence and not the power to extend the traditional election timeframe of 6 am to 6 pm.
The party is seeking to have the court declare the results in six marginal constituencies null and void.
The disputed constituencies are San Fernando West, La Horquetta/Talparo, Toco/Sangre Grande, Tunapuna, St Joseph and Moruga/Tableland.
In the event the party is successful the court may order that by-elections be held or may possibly rule that a declaration that the EBC breached its powers be granted.
The substantive case over the petitions will take place after the appeal is determined.