The Public Service Association (PSA)’s election on Monday has been postponed.
Team Fixers, one of the four slates vying for the election, yesterday obtained an injunction stopping it due to alleged irregularities in the list of voters prepared by the PSA’s elections committee.
Delivering a nine-page judgment in the Port-of-Spain High Court yesterday, High Court Judge Frank Seepersad ruled that the group led by PSA presidential candidate Solomon Gabriel had raised valid claims which have to be determined before the election is allowed to proceed.
Seepersad also stated that the election could not be allowed to proceed as it may render an unjust result which would prove difficult to rectify if the slate is eventually successful in its substantive claim against the elections committee.
“Serious issues have been raised in this matter and damages will not be an adequate remedy if the election is allowed to proceed and it is established at trial that the list of voters was flawed and/or compromised and/or its formulation violated provisions of the constitution,” Seepersad said.
“Such a course of action will occasion immense damage to the union’s reputation and seriously compromise the membership’s confidence in the election results,” he added.
In their lawsuit the group are contending that the list of voters is fundamentally flawed due to a decision taken by the union’s general council on October 5, to allow PSA members with union dues arrears to be allowed to vote if they clear their arrears before the election.
Almost 300 members reportedly made use of the allowance. The PSA has approximately 14,000 members.
The group contends the decision is illegal as the PSA’s constitution only allows members, who are in good financial standing for over a year, to vote.
As part of his decision on the injunction, Seepersad ordered that the general council disclose the minutes of the meeting to the group as it forms an integral part of their claim.
Immediately after Seepersad gave his decision, incumbent president Watson Duke stormed out of the courtroom with members of his Game Changers team.
A usually outspoken Duke refused to speak to reporters when approached outside the court.
Members of the two other teams-Sentinels and United Public Officers- were present in court but were mere observers as they did not file any legal action.
Speaking with reporters after the decision, Gabriel said they were not surprised by the court’s decision.
“It was wrong what was happening and we are happy we have a reprieve now to put this in the right place,” Gabriel said.
The group was represented by Raisa Caesar, while John Heath represented the elections committee.
The substantive case has been adjourned the case until Tuesday when it will come up before trial judge Nadia Kangaloo for case management hearing.