Lawyers representing the UNC have been told to produce evidence to prove their claim that its loss in the September 7 general election was caused by the Elections and Boundaries Commission (EBC)’s decision to extend the polls by an hour due to heavy rainfall.
Chief Justice Ivor Archie repeatedly made the request from the political party’s lawyer Timothy Straker, QC, yesterday, as he and two of his colleagues began hearing submissions on why they should not overturn a High Court judge’s decision to grant initial approval of the election petitions over the extension.
While he admitted that Archie’s inquiry was central to the claim, Straker said the court should not solely be focused on the number of people who benefited by the extension, but also its impact on his client, which claims that it was not able to effectively mobilise its agents as it was informed late by the EBC.
“We are looking for stability of government.
“That includes a huge number of factors including confidence in the electoral regime,” Straker said.
Straker suggested that the court, in determining the petitions, could undertake a statistical analysis of the impact of the extension.
However, he noted that the court should not attempt to “peer inside the voting booth.”
Archie did not seem convinced as he said: “One cannot point to every single consequence and say give me leave.
When you come for leave you have to say what was affected.”
Stating that the party had to convince the court that the result of the election was materially affected by the extension in order to convince it to void the election, Archie reiterated his view that the UNC should have possibly been required to provide additional proof before the petitions were approved by Justice Mira Dean-Armorer in mid-September.
“There must be some particulars to explain what you are really complaining of other than the breach of rules,” Archie said.
His discourse with Straker appeared to intensify as Straker attempted to make his submissions on his client’s allegation that the People’s National Movement (PNM) requested the extension from the EBC.
Straker: We have an unfortunate situation where a party did approach the commission and a response was made.
Archie: Isn’t it enough to know the EBC has done something that appears to be against the rules.
Why is it necessary to colour it with something said in a newspaper report.
Can you please move on to your next point.
Straker’s subsequent attempts to rephrase his accusation were all denied by Archie, leading him to say: “I am anxious to have the point recorded.”
The UNC filed the election petitions for six constituencies—La Horquetta/Talparo, Toco/Sangre Grande, Tunapuna, St Joseph, Moruga/Tableland and San Fernando West within a week of its loss in the general election.
In its petitions, which will be heard in the High Court provided the appeal is dismissed, the party is claiming that the EBC acted illegally when it took the decision to extend the polls.
It is also alleging that it was informed late of the extension and after the PNM was.
The EBC, which presented its submissions yesterday, is denying any wrongdoing and is contending that it acted within its remit.
The PNM, which has been joined as an interested party, will continue its submissions at the Hall of Justice this morning.
The UNC is also being represented by Gerald Ramdeen and Kent Samla, while the EBC is being represented by Senior Counsel Russell Martineau and Deborah Peake.
The PNM’s legal team includes Senior Counsel Douglas Mendes and John Jeremie and attorneys Michael Quamina, Kerwyn Garcia and Celeste Jules.