UNC, EBC clash in court over Lengua/Indian Walk vote

THE United National Congress (UNC) has again accused the Elections and Boundaries Commission (EBC) of “shifting the goalpost” and bad faith in its election petition over the outcome of the local government election for the district of Lengua/Indian Walk.

At a hearing on Friday which dealt mainly with the issue of disclosure, the lead attorney for the UNC, Anand Ramlogan, SC, accused the EBC of changing its position on what happened in Lengua/Indian Walk.

The UNC filed the petition on August 21 on the basis of what took place after two recounts which led to the People’s National Movement (PNM) candidate Autly Granthume being announced the winner, over the UNC’s Nicole Gopaul.

Granthume initially received 1,430 votes compared to Gopaul’s 1,425.

At the end of the first recount, both candidates received 1,428 votes.

However, a special ballot in favour of Gopaul, which would have broken the tie, was rejected by the returning officer because the presiding officer had not initialled it.

The candidate’s election agent and counting agent objected, but this was overruled and a second recount was done, resulting in the same outcome.

The EBC maintained its reasoning for rejecting the ballot and also contended that Gopaul’s representative did not object by asking for the queried ballot to be marked with a “Q,” as required by election rules under the Representation of the People Act.

In subsequent correspondence, the EBC claimed Gopaul’s representative only objected after they realised the recount had ended in a stalemate.

It further said the ballot was also rejected as it did not have a polling station number.

Ramlogan accused the EBC of moving the goalpost” and making things up as it went along.

He said this was why the UNC required disclosure.

“The EBC told us things in dribs and drabs. We need to see the documents to reconcile what was said. We need to ensure the integrity of the process was intact, and nothing the EBC has said inspires confidence.”

He said there was nothing secret about an election.

“If you have a secret election, it is the antithesis of a democracy, goes against transparency and accountability.”

The UNC’s petition is assigned to Justice Marissa Robertson. However, the request for disclosure was dealt with by Justice Nadia Kangaloo as the vacation court judge.

In his submissions, Ramlogan said, “If one were to take a hardline position, it is inimical to democracy. It means that the EBC can do what they want.

"The EBC should not take an antagonistic position. Our representative expressly challenged the ballot. Can the negligence of an EBC official invalidate my vote?...

“All of the cards are in the EBC hands. You must have free and fair disclosure.

“What do you gain by hiding it? They (the documents) are secret, but the bar of secrecy is lifted when a petition is filed.

“We have good grounds to complain. EBC said one thing at first and then something different in their second letter.

“Come clean and tell us what the facts are. Stop playing cat-and-mouse games."

In response, the attorney for the EBC, Deborah Peake, SC, rubbished Ramlogan’s contention, insisting the EBC had come to the court with “everything and the kitchen sink.”

She said there was one ballot that the petition disputed which would be presented to the court.

Peake maintained the EBC did not favour one party.

“We are an independent statutory institution. We are not partial to one political party, or trying to hide anything.

“None of those things (Ramlogan’s allegations) are true. There is nothing that warrants those unfortunate allegations.

“The EBC has a statutory duty to perform.

“The fact that the commission would have said something and expanded later does not mean it was not acting in a forthright manner.”

In turn, Peake accused the UNC of engaging in a fishing expedition, “hoping something will turn up.

“We know what the issue is all about and what are the documents related to it.”

She said the EBC would produce the necessary documents, which would include the disputed ballot, the envelope in which it was placed, the sheets which showed the votes cast for each candidate, and the return for the polling station.

“You can rest assured, if there are any documents relevant to the petition, they will be disclosed."

At yesterday’s hearing, the PNM was allowed to intervene in the petition hearings.

The party is represented by Michael Quamina, Ravi Nanga, Celeste Jules and Adana Bain. Also appearing for the EBC are Ravi Heffes-Doon, Alana Bissessar and Stephan Maharaj.

Appearing with Ramlogan for the UNC are Jayanti Lutchmedial, Kent Samlal, Natash Bisram, Vishaal Siewsaran and Sadaam Hosein.