Hopeless.
This is the word used by two Senior Counsel representing the Elections and Boundaries Commission (EBC) and the PNM to describe the UNC’s chances of succeeding in its petitions challenging the outcome of the September 7 general election.
Presenting submissions in the Court of Appeal yesterday, Russell Martineau, SC, and Douglas Mendes, SC, called on the three-member appellate panel to reverse the decision of High Court judge Mira Dean-Armourer, who granted the UNC permission to peruse their petitions over the EBC’s decision to extend the polls by one hour due to heavy rainfall.
“These are all hopeless cases, two of them more so than the others,” Martineau, who is representing the EBC said.
His claim was supported by Mendes, the head of the PNM’s legal team, who noted that Dean-Armourer failed to consider that the UNC did not have evidence that the result of the election was materially affected by the extension, which was necessary to justify its claims for a re-election.
Referring to the results in the six marginal constituencies for which the UNC filed petitions, Mendes said: “This is difficult to chew on. It bad enough in Moruga/Tableland which had a difference of 560 votes but it’s impossible to make that claim with the others.”
The other constituencies are Tunapuna, San Fernando West, Toco/Sangre Grande, La Horquetta/Talparo and St Joseph.
While both Martineau and Mendes accepted that the UNC had presented enough evidence to justify their claim that the EBC acted illegally in extending the poll, they noted that the petitions challenged the actions of the EBC’s returning officers in allowing people to vote after the traditional 6pm shut off time for elections. The EBC’s action is being challenged in a separate lawsuit filed by the UNC.
“It is not that people voted illegally but that their supporters were denied an opportunity to vote,” Mendes said.
Mendes also questioned the UNC’s claims over its members not being able to take advantage of the extension as he said their lawsuit was not based on persons being disenfranchised but rather of persons being allowed to vote illegally past the original 6pm deadline.
In his submissions Martineau also took issue with Dean-Armourer’s finding that there was possible collusion between the PNM and the EBC over the extension.
He admitted that the PNM did make the proposal to the EBC but noted that there was no evidence that his client’s decision was solely based on the request.
Martineau also said the allegation should have been ignored as it was only supported by a newspaper article.
His submission appeared to be supported by panel consisting of Chief Justice Ivor Archie and appellate judges Allan Mendonca and Peter Jamadar.
“I don’t know if we should look on a newspaper report anyway. I don’t always read the newspapers,” Archie said prompting Mendes to skip over his submissions on the role of his client in procuring the extension.
Although both men admitted that the threshold Dean-Armourer had to use to approve the leave was much lower than necessary for the substantive petitions, they said that it was not a “rubber-stamping” process.
“They (UNC) can not ask for leave now and say they will prove it later on,” Mendes said.
The appeal will continue this morning when British Queen’s Counsel Timothy Straker will respond on the UNC’s behalf.
Also representing the PNM are by John Jeremie, SC, Michael Quamina and Kerwyn Garcia while Senior Counsel Deborah Peake is appearing alongside Martineau. The UNC’s legal team includes its former attorney general Anand Ramlogan, SC, Gerald Ramdeen and Kent Samlal.
Election results in disputed constituencies
Constituency UNC PNM
San Fernando West 6,802 10,112
La Horquetta/Talparo 7,606 10,428
Tunapuna 7,613 11,228
St Joseph 8,903 10,536
Moruga/Tableland 10,275 10,808
Toco/Sangre Grande 8,101 12,005