A High Court judge has reserved her decision on whether one of the United National Congress’ (UNC) six election petitions challenging the result of last year’s general election should be struck out due to a technicality.
Justice Mira Dean-Armorer did so yesterday after hearing submissions in the Port-of-Spain High Court from lawyers representing the People’s National Movement (PNM), who claimed that the UNC gave them notice of petition for the La Horquetta/Talparo constituency outside the five-day limit prescribed by the Representation of the People Act.
In its application the PNM is claiming that the period began on September 19, the day after Dean-Armourer granted the UNC leave to pursue their challenge against the Election and Boundaries Commission’s (EBC) decision to extend the poll in Trinidad by one hour due to heavy rainfall on election day.
“We say the petition was presented on the 19 to the (Assistant) Registrar who took it into custody.
“There was a failure to comply with the time (for service) in election petition matters. It is a harsh result but that is what the Act requires,” Senior Counsel Douglas Mendes, lead attorney for the PNM, argued.
However, the UNC is contending that while it delivered its documents to the Assistant High Court Registrar on the day specified by the PNM, the period for giving notice of the petition started when the documents were stamped and returned to its attorneys two days later as the process could not be done outside the court’s working hours.
Former attorney general Anand Ramlogan, SC, who is leading a team of attorneys for the UNC, appealed to Dean-Armorer to dismiss the preliminary application by applying purposive and contextual interpretation to the Act.
He said the presentation of the petitions included physically lodging the document as well as obtaining official acknowledgement or receipt of the petitions by having the document stamped.
Adjourning her decision to a date to be announced, Dean-Armorer said she needed time to consider the issue.
During yesterday’s hearing, Dean-Armorer also set tentative dates for the hearing of the petitions: June 27 to 30.
About the case
In its petitions, the Opposition party is claiming 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.
In addition to La Horquetta/Talparo, the other marginal constituencies being challenged are Toco/Sangre Grande, Tunapuna, St Joseph, San Fernando West and Moruga/Tableland.
The PNM and the EBC had initially challenged Dean-Armourer’s decision to grant the UNC leave to pursue the petitions but her decision was upheld by the Court of Appeal.
Besides the petitions, Dean-Armorer has also been assigned two cases in which three private citizens are challenging the EBC’s decision.
Social activist Ravi Balgobin Maharaj has filed a judicial review seeking the court’s clarification on whether the EBC had the constitutional power to make the decision.
Irwin Lyne and Melissa Sylvan are claiming that the EBC breached the constitutional rights of Tobagonians by not allowing them an extension.
Both cases have been deferred as they would be directly affected by the outcome of Dean-Armorer’s decision on the petitions.
The UNC is also being represented by Timothy Straker, QC, Gerald Ramdeen, Wayne Sturge and Kent Samlal.
The PNM’s legal team also includes John Jeremie and includes Michael Quamina, Kerwyn Garcia, Terrence Bharath and Celeste Jules.
Senior Counsel Russell Martineau and Deborah Peake are leading the EBC’s legal team.