must be strictly complied with. See the scholarly judgment of Rawlins J in Smith v Christopher ibid, Allen v Wright ibid and Stewart v Newland ibid. [44] That said, it is a matter of law that the evidence that is presented in an affidavit is to be accepted as statement of facts, unless controverted. Indeed, once the evidence is accepted as unchallenged the Court can then properly conclude the facts therefrom. [45] In the present applications, Ms. Lorna Simon has deposed to certain matters, those are statement of facts and are not challenged in the affidavits in response; neither was there any cross-examination on any of the material statements that she has made. Further, to substantiate her evidence Ms. Simon has also exhibited copies of the writ together with the certificates endorsed. In contradistinction, the Respondents have not provided the Court with the evidence that contradicts that presented by Mr. Codrington or Mr. Adams in relation to the matters that are in issue in the applications. [46] It is noteworthy that learned Counsel Mr. Marshall Jr. was content to take issue with the date of the return as stated by Ms. Simon, the Supervisor of Elections even though no evidence was led by the petitioners in contradiction of her statements of fact. In those circumstances, the Court has no choice but to accept Ms. Simon’s credible evidence, coupled with the documents exhibited, which indicate that the returns were made on the 13th March, 2009. The Court also accepts Mr. Adams’ evidence that Mr. Baldwin Spencer was sworn in as Prime Minister by the Governor General on the 13th March, 2009. In passing, I state that the presumption of regularity arises and is not rebutted. [47] The ancillary issue of whether the writs were in the prescribed manner brings into focus section 65 and 66 of the Representation of People (Amendment) Act No.11 of 2002. Section 65 states as follows: “65. (1) The returning officer shall return the name of the member elected by endorsing on a writ a certificate in Form I in the Appendix hereto. 16

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