[50]
Accordingly, I accept the arguments urged by learned Senior Counsel Mr. Martineau that
the date of return is a question of fact for the Court to determine. In the absence of any
evidence that is inconsistent with Ms. Simon’s evidence that the returns were made on the
13th March 2009, the Court is unable to hold otherwise and finds as a fact, that the returns
were made on the 13th March 2009. Ms. Simon’s uncontroverted evidence is that she
received the writ with the certificates endorsed thereon from the Returning Officers in each
case. In this regard, the Court finds the arguments advanced by learned Senior Counsel
Mr. Martineau very attractive and persuasive. It is noteworthy that his arguments were
adopted by learned Senior Counsel Mr. Mendes.
[51]
Time for presentation
In order to address the issue of the computation of the time when the petitions ought to be
presented, the Court must of necessity, examine section 45(1) of the Representation of
People Act which clearly provides that the petitions must be presented within 7 days.
[52]
In Ferdinand Frampton et al v Ian Pinard et al Claim No.0149-0154 of 2005, Rawlins J
as he then was, at paragraph 14 of his erudite judgment quite helpfully enunciated the
following:
“The general principles state that time limits set in elections legislation are conditions
precedent, mandatory and peremptory. They must be strictly followed. A petitioner
must file and perfect the petition within the time limited in the legislation for the
presentation of the petition. A petition must be served within the prescribed time.”
I accept and apply those propositions of law.
[53]
The Court pauses to note that the wording of the Act says “within” and not “after” as urged
by learned Counsel Mr. Marshall Jr. It is clear therefore that in order for the petitions to be
held to have been properly presented they, of necessity, must have been filed within 7
days of the return that is within 7 days of the 13th March 2009. These provisions are
mandatory and not procedural.
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