Judge pledges swift result in Arima election recount challenge

THE ELECTIONS and Boundaries Commission (EBC) has said it will be transparent in the election petition challenging the result of the Arima Northeast district in last month's local government elections.

At a hearing on Tuesday, the lead attorney for the EBC, Deborah Peake, SC, gave the guarantee while hammering out a timetable for filing evidence and submissions.

Justice Frank Seepersad, who is presiding over the petition of the UNC’s candidate for the district, Jairzinho Domingo Gustav Rigsby, says he intends to give his decision on November 28.

“The way I intend to manage the matter is to ensure we have a substantive resolution as fast as possible."

Vacillation over the results, he said, would "in all likelihood affect the public’s trust and confidence in the electoral process.”

The Arima Northeast election petition is the second challenge to the results brought by the Opposition United National Congress (UNC), the other being over the Lengua/Indian Walk district in Moruga.

At Tuesday’s hearing, Rigsby’s lead attorney, Dinesh Rambally, said his team had complied with the election rules and notice has been served on the EBC along with all but one affidavit. He also said the $10,000 deposit for security for costs, as required for election petitions, was also paid on Monday.

Production of the rejected ballots which forms the main contention of the petition’s challenge is also expected, Peake told the judge.

“Our intention is to have the rejected ballots placed before the court.”

Earlier, she said, “We intend to be transparent.”

At Tuesday’s hearing at the Waterfront Judicial Centre, Port of Spain, chief election officer Fern Narcis-Scope and the district’s returning officer Pamela Ogiste were present in court, as well as Rigsby and several UNC supporters.

The petition is based on what happened after a recount and review of that recount for the Arima Northeast district. Rigsby has taken issue with two ballots which he contends should not have been deemed valid.

On election night, a tally saw the UNC and the People’s National Movement receiving 623 votes each.

On August 15, the UNC requested a recount, which led to its receiving one more vote.

The EBC then accepted a request from the PNM for a check of that recount.

It issued a statement on August 24 that the PNM candidate, Kim Magdalene Garcia, received two additional votes when that check was done.

It said, "This result overturns the outcome of the recount, which was conducted during the period August 16-17, 2023 and saw the UNC candidate Jairzinho Domingo Gustav Rigsby being declared the winner."

The second recount gave the PNM 625 votes and the UNC 624.

It is these two votes in the final tally that Rigsby is contending came from questionable ballots whch he says should not have been allowed or deemed valid or even counted in Garcia’s favour.

In support of his petition, Rigsby said, “I believe that were it not for these blatant irregularities, I would have been the candidate with the highest number of votes cast and hence be declared the successful winner.”

He said the court should strike out and declare null and void the two impugned ballots.

He also contends that at the very least, a fresh election should be held for the district.

In his petition, Rigsby has asked the court to scrutinise and review the two questionable ballots deemed valid by the EBC in favour of the PNM’s Garcia.

For these impugned ballots to be declared null and void "would have a material effect and/or change of the election results,” the petition says.

Also appearing for Rigsby are attorneys Kiel Taklalsingh, Stefan Ramkisson, Rhea Khan, Kavita Moonsar and Arif Rahman.

Attorneys Ravi Heffes-Doon and Alana Bissessar also represent the EBC.

As with all election petitions, if the petitioner is unsatisfied with the High Court’s decision, it can appeal only to the Court of Appeal, as the United Kingdom-based Privy Council has no jurisdiction over such electoral litigation.