Parties still wait for result
Editorial Department • Published 17 Sep 2010 09:00
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Unionists face another wait to see if the courts will over-rule the result of this year’s Westminster poll for the Fermanagh-south Tyrone seat.
Sinn Fein’s Michelle Gildernew won the seat by just four votes after four counts, defeating agreed Unionist Rodney Connor.
But the Unionists went to the High Court this week, claiming the count process was flawed.
But after three days of hearing argument, judgement was reserved. Mr. Justice Gillen told the court that a decision was expected “promptly”.
Unionists have claimed in court that the way the count was carried out meant they weren’t able to scrutinise “doubtful” votes properly.
And the court initially heard claims from a presiding officer that she found photocopies of extra votes at the polling station at Holy Trinity Primary School in Enniskillen.
However, Unionists were accused of “sour grapes” over the result of the election.
Michelle Gildernew, who attended the court, did not call any witnesses and Sinn Fein is claiming she is the legitimate winner.
Mr Connor’s case began on Monday, with claims there were breaches in the statutory rules.
However, as his petition was about to open before the Lord Chief Justice Sir Declan Morgan and Mr Justice Gillen, it was claimed that Mr Connor’s action was in itself in breach of the statutory Rules.
Paul Maguire QC for Deputy Returning Officer Martin Fox and Chief Electoral Officer Douglas Bain said the court was being asked to receive oral evidence by way of a general description of the voting papers which was “completely and utterly unsatisfactory”.
The lawyer said that Mr Connor had a facility to inspect and bring before the court the votes, but had failed to avail himself of that facility and therefore could not hope to bring in “by the back door” what he was prevented from bringing in “the front door”.
However, following a short adjournment the two senior law lords said that they would allow the petition to continue.
Mr Mark Orr QC for Mr Connor explained that there were three re-counts after first Mr Connor was elected by eight votes followed by Ms Gildernew whose winning margin fell from ten votes to four.
The initial counting and recounts were under the direction of Deputy Returning Officer Mr Fox, while the final decision was taken by Mr Bain, the Electorial Chief.
There was one box, Number 59 from Holy Trinity PS in Enniskillen where there were allegedly eight extra votes.
One of the Presiding Officer’s in the Holy Trinity station, Ms Shirley Bradshaw, in charge of Box 59 said she been given 600 ballot papers and had counted in 384, but that on count day at Omagh Leisure Centre 392 were found in the box, eight more than their should have been.
Ms Bradshaw, told Mr Orr that there had been a “problem on the ground” in the school by “someone giving out copies of the ballot papers”.
Asked by Mr Orr, who this person was, Ms Bradshaw replied; “that man represented the other party, Sinn Fein”.
Ms Bradshaw said that on occasions she had had to take these voting slips from voters but “unfortunately” she just threw the papers in the bin instead of keeping at least one of them.
However, under cross-examination by Mr Maguire, it was suggested to her that the supposed extra eight votes could be put down to a simple form of “human error” or mistake with the number of voting papers issued being wrongly recorded.
Ms Bradshaw, who is no longer a presiding officer after being dismissed, because her work was deemed “poor”, said she simply could not explain how the mistake could have been made.
However, on Tuesday, Mr Mark Orr QC, for Mr. Connor, said it was now accepted a mistake over the so-called “extra votes” had been made, and that the votes were no longer in contention.
Also on the second day, Ulster Unionist MLA Tom Elliott rejected claims that the objections over the winning slim majority of Sinn Fein’s Michelle Gildernew in Femanagh South Tyrone was really a “case of sour grapes . . .simply a grievence”.
Mr Elliott had complained that it was nearly impossible to hear any announcement over the PA system in the counting hall at Omagh leisure centre and as such he and others on Mr Connor’s election team were not made aware of where and when “doubtful votes” were being scrutinised.
Paul Maguire QC for Douglas Bain the Chief Electoral Officer and Deputy Returning Officer Martin Fox, in tackling Mr Elliott’s complaints said that the CEO and his DRO “do not accept at all, the criticism that the PA system was poor”, nor that any complaints were made by any other candidate or their agents.
The Lord Chief Justice Sir Declan Morgan, who with Mr Justice Gillen, is presiding over the court, also heard claims that the “doubtful votes” table was “clearly marked and anyone interested could have seen what was happening there”.
The table also had a large sign on it in bold black letters and an even bigger sign on the wall adjacent to it, which, said Mr Maguire made it “unmistakable” this was where the “doubtful votes” were being deal with.
Agreeing that such signs could be seen, Mr Elliott said he himself wasn’t aware of any signs and he also wanted “to make it clear” he did not see any such sign or signs.
This article appeared in Impartial Reporter 16 Sep 10
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