UNC Appeal Petition Ruling
On Thursday 1st September 2016, Attorneys for the five Petitioners in the election petitions filed, on their behalf, Notices of Appeal in the Court of Appeal against the judgment made by the Honourable Madam Justice Dean-Armorer on the 19th August 2016.
When we caused these election petitions to be filed there were many who criticized us on the basis that there was absolutely no merit in our case. I was always of the opinion that the action and conduct of the EBC in extending the hours of the poll merited judicial review. It was unprecedented and represented a serious blot on our democracy. We were not only successful in the Court of Appeal when the grant of leave was appealed by the PNM and the EBC; we were also successful in the High Court in so far as the judge found that the EBC acted illegally and in violation of the Constitution and Representation of the People Act.
The Court of Appeal is the final Court in election matters and we believe the issues raised in these election petitions warrant further judicial scrutiny so that there can be a definitive statement on the law. I expect that the appeal will provide much-needed clarification on issues that are critical and central to our democracy. The judgment will provide guidance in the future so that the transgression which occurred in the last general election does repeat itself.
No doubt, the EBC acted on legal advice in this matter. As would be expected, a well resourced institution like the EBC would retain the best lawyers that money can buy to advise it. In spite of this, they got it wrong, as the Court agreed with us that the decision to extend the time for voting was unconstitutional and illegal. Thus far, the EBC has not appealed the decision of the High Court against them on this major issue. Naturally, they will now be able to cross-appeal on this issue, if they so desire, within 14 days.
The EBC is a pivotal institution in our democracy, but it is not above the law. It is important that it acts within the legal framework in the conduct of elections and that it understands its remit and the scope of its powers. On the heels of the general election when concerns were raised about the legality of the decision to extend the time, the EBC, with the full support of the PNM, argued that its actions were fully justified and within its powers under the Constitution. The learned judge has ruled otherwise and went to great lengths to show why this decision was unsupported by the Representation of the People Act and the Constitution, the supreme law of the land.
The finding of illegality must in our view have certain consequences and we have been advised by Queen’s Counsel that we have a strong and meritorious appeal. One would expect that the same panel of judges that dealt with the appeal against the grant of leave would sit to hear this appeal. We also expect that the appeal would be deemed fit for urgent and early hearing as law and the public interest requires this.
In the final analysis, precious certainty and clarification will be given and, the only real winner will be the public and our democracy.
Kamla Persad-Bissessar
4th September 2016
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