The People’s National Movement (PNM) three-day internal election will commence this week as planned.
Delivering a decision yesterday afternoon, High Court Judge Devindra Rampersad dismissed an injunction application seeking to postpone the poll brought by political leader candidate Karen Nunez-Tesheira, chairman candidate Dr Kenneth Butcher and Bishop Victor Phillip, who is contesting for election officer.
In his decision, Justice Rampersad ruled the trio raised an arguable case over the ability of the party’s incumbent executive council to decide to host the election on three separate days (Nov 26, 27, and Dec 4) over a nine-day period instead of on one day.
However, he said they were not entitled to the injunction because they failed to prove they would be prejudiced if the election was allowed to go ahead as planned.
“There is no actual evidence of the potential for an unfair election - just a fear that is really expressed more in the submissions than on the claimants’ affidavit,” Justice Rampersad said.
He noted, however, that they could pursue the legal challenge even after the election was completed and the results announced.
“Even though it is a more onerous task to correct an election after the fact, evidence of actual illegality and unfairness would be grounds to set it aside,” Justice Rampersad said.
Justice Rampersad dismissed the trio’s concerns over not being granted access to the contact information of party members for verification and canvassing, as he noted they were unable to provide evidence incumbent executive members vying for re-election had access.
He also rejected their complaints over plans by the party’s election supervisory committee to have the ballot boxes transported by police officers to a secret location until ballots are counted on the last day of the election, and to hire international accountancy firm Pannell Kerr Forster (PKF) to secure the boxes.
“There is no allegation that the members of the T&T Police Service (TTPS) or PKF would compromise the security of the transport and securing of the ballot boxes,” he said.
“There is nothing to suggest that the scrutineers envisaged in the election process on behalf of the claimants would not be allowed an opportunity to view the processes and be present when the ballot boxes are secured under the control of the police or PKF,” he added.
Justice Rampersad’s decision on the injunction was partially based on the trio’s delay in seeking it after the decision on the election were announced in mid-August.
“Stopping or postponing or altering the format of the election at this stage required some sort of compelling evidence to overcome the obvious, and expressed, prejudice to the defendant,” he said, as he noted the party expended close to $950,000 to facilitate the election.
In a brief telephone interview, the trio’s lawyers Peter Taylor said that his clients are considering whether to launch an emergency appeal over Justice Rampersad’s decision.
He said that despite the outcome, they were still pleased that Justice Rampersad ruled that their submission that under the party’s constitution only the annual convention can make material changes in terms of elections was a serious issue to be tried.
“It remains a live issue,” he said.
He also found solace in Justice Rampersad’s statement that the results of the election could be invalidated if they are eventually successful in their substantive case.
“We took some positive things away from the decision...It clears the way for us to explore our options,” Taylor said.
In a press release issued after the decision, PNM General Secretary Foster Cummings, who was listed as defendant in the case as the representative of the party’s members, excluding the trio, said the party welcomed the outcome.
“We can now move towards the much-anticipated internal elections of the PNM to elect its new executive, with the widest possible participation of party members,” Cummings said.
The trio was also represented Egon Embrack, while Russell Martineau, SC, Michael Quamina, Anthony Bullock and Adana Bain represented Cummings.
