The United National Congress was today (Friday
18, September 2015) granted leave to file 6 election petitions to
challenge the validity of the election process in 6 critical constituencies
namely:
·
La Horquetta/Talparo
·
Tunapuna
·
St. Joseph
·
Toco/Sangre Grande
·
San Fernando West
·
Moruga/Tableland
Senior High Court Judge Madam Justice Mira
Dean-Amourer made the order granting leave in all six matters at around 7:00 PM
in a special late night sitting of the High Court at the Hall of Justice in
Port of Spain. The order granting leave certifies there is merit in the
petitions and that there is a serious issue to be tried. If the case is without
merit, leave will be refused.
The issue in this case is whether the EBC acted illegally and in breach of the constitution when it extended the voting time from 6pm- 7pm on Election Day.
The sudden decision of the EBC to extend the voting time caught many by surprise and led to chaos and confusion. Legal letters were written to notify the EBC that candidates were receiving numerous complaints from voters who were turned away from the polls, when they went after 6pm to cast their vote because the EBC officials were themselves unaware of the EBC's decision to extend the voting time.
It was reported in the Trinidad Guardian Newspaper on September 8th 2015 in a story entitled "T&T Starts New Era under the PNM" that the PNM had asked the EBC to extend the voting time. There has been no denial or refutation of this significant statement by the EBC. The UNC was never informed that such a request was made. The UNC was never officially informed by the EBC of its decision to extend its time for voting.
We therefore call upon the EBC to state publicly whether the PNM did in fact make such a request. If such a request was made, we asked that there be full and frank disclosure in the following:
The issue in this case is whether the EBC acted illegally and in breach of the constitution when it extended the voting time from 6pm- 7pm on Election Day.
The sudden decision of the EBC to extend the voting time caught many by surprise and led to chaos and confusion. Legal letters were written to notify the EBC that candidates were receiving numerous complaints from voters who were turned away from the polls, when they went after 6pm to cast their vote because the EBC officials were themselves unaware of the EBC's decision to extend the voting time.
It was reported in the Trinidad Guardian Newspaper on September 8th 2015 in a story entitled "T&T Starts New Era under the PNM" that the PNM had asked the EBC to extend the voting time. There has been no denial or refutation of this significant statement by the EBC. The UNC was never informed that such a request was made. The UNC was never officially informed by the EBC of its decision to extend its time for voting.
We therefore call upon the EBC to state publicly whether the PNM did in fact make such a request. If such a request was made, we asked that there be full and frank disclosure in the following:
·
When was the request made?
·
What time was it made?
·
Who made the request?
·
To whom was it made?
·
How was it made?
·
Why was no other political
party or candidate informed of this request?
·
When did the EBC meet to
consider this request?
·
Why was it approved?
These are important searching questions that
the EBC must answer to the population. They left our democracy distorted and
thwarted.
It was patently unfair to change the rules
of the election and shift the goal post so close to the final whistle. It is
important that the constitution be protected from any abuse of power and hence
we are pleased that the High Court has seen it fit to grant leave so that clarification
can be provided on this important issue which strikes at the very heart of our
democracy.
The UNC was represented by Former Attorney
General Anand Ramlogan SC, Wayne Sturge, Gerald Ramdeen and Kent Samlal.
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