From Caribbean News Now

PORT OF SPAIN, Trinidad — In a majority decision, the Trinidad and Tobago Court of Appeal has allowed the election petition brought by the United National Congress (UNC) to proceed.

The ruling was handed down on Monday, with Justices Peter Jamadar and Allan Mendonca ruling to uphold the decision of the High Court to grant leave and Chief Justice Ivor Archie ruling against.

On September 18, High Court Justice Mira Dean-Armorer granted the UNC leave to proceed with the petitions to challenge the election results, agreeing that the UNC had presented an arguable case with a realistic prospect of success.

However, the EBC and the members of parliament for the six affected constituencies appealed the High Court decision.

The UNC have challenged the action taken by the Election and Boundaries Commission to extend voting by an hour on Election Day (Monday September 7, 2015), a move the EBC said it made as a result of torrential rain. The UNC has also argued that the late notice was not properly communicated to voters.

The UNC argued that the constitution does not give the EBC the authority to extend the mandated voting hours of between 6 am and 6 pm by an additional hour due to inclement weather.

It asserts that the EBC only had the power to adjourn the voting process to the following day in the event of election violence.

The UNC claims that the additional hour worked in favour of the People’s National Movement (PNM), resulting in that party winning the general election by 23 seats to 18.

However, the UNC will now have to return to the High Court and provide cogent and credible evidence at a substantive hearing on the merits of the petition to show that it was significantly disadvantaged and the EBC decision affected the results, and that the general election results in six marginal constituencies should therefore be declared null and void.

The EBC has denied any wrongdoing and has contended that it acted within its remit.

Chief Justice Archie, in a dissenting opinion, sided with the EBC, which had argued that that it is the sole body responsible for governing the voting process and had the authority to extend the voting hours on September 7, should there be good enough reasons for doing so.

Archie said that the evidence presented in the Appeal did not show that the process was unfair or that the election result would have been different, if there was no one-hour extension of voting in the September 7 general election.

Justices Jamadhar and Mendonca said the voting process had to be seen as free and fair, and that justice must not only be done, but seen to be done. The judges said that where there was public trust and confidence, the outcome would be more acceptable, even if there was disagreement.

In a statement following the decision, UNC political leader, Kamla Persad-Bissessar, said the UNC welcomed the historic and landmark ruling by the court of appeal.

“This is a victory for democracy and the people of Trinidad and Tobago who are entitled to a system of elections that is free, fair and in accordance with the Constitution,” she said, adding, “No man or entity is above the law and hence the EBC is itself subject to the constitution from which it derives its powers.”

According to the UNC, is a strong case that the decision to extend the time for voting by one hour was illegal and unfair. It put the UNC election machinery and supporters at a great disadvantage and contravened both the spirit and letter of the law.

She noted that in addition to these election petitions, there are two other matters before the court namely, a judicial review challenging the decision of the EBC and a constitutional motion brought by two aggrieved citizens from Tobago who claim they were the victims of discrimination.

“It is very strange, to say the least, that the EBC did not similarly extend the time for voting in Tobago,” Persad-Bissessar said.

She pointed out that Monday’s ruling paves the way for a full-scale trial of these election petitions and citizens who were affected by the decision or who may be in possession of relevant information can now come forward and let their voices be heard so that justice can be done.

“Many aggrieved citizens who were turned away at the polls when they went to cast their vote after 6.00 pm will no doubt let their voices be heard. The chaos and confusion that followed the sudden decision by the EBC to extend the voting time will now be the subject of judicial scrutiny. Conflicting information and opinions saw many polling stations remaining closed whilst others allowed people to vote in the midst of the prevailing uncertainty as to what the true and correct position was,” she said.

IMAGE: Appeal Court Justices (L-R) Allan Mendonca, Ivor Archie (CJ) and Peter Jamadar

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