contained in the petition in Halstead v Simon et al,32 which stated as follows:
“(b) polling was carried out during hours other than those specified or
allowed by the said Table in the Election Rules, to wit, polling was carried
out after the hour of 6 p.m. and until the hour of 9 p.m. on election day.’
The Halstead formulation clearly and precisely raised the issue of late voting for
consideration, as the principles require. It seems to me that a clear formulation in
similar terms would have put the issue of inadequate or improper pleading beyond
question.
[47]
It is noteworthy that solicitors for appellant Spencer requested further
information/particulars of paragraph 9.5 of the St John’s Rural West (Simon)
petition. The request read as follows33:
“Under paragraph 9.5
Of the allegation that “after 6 pm certain persons only were
permitted to vote”, identify the persons who were permitted to
vote after 6pm by stating their names and addresses.
Of the allegation that many persons were not permitted to vote,
identify the persons who were not permitted to vote by stating
their names and addresses.
Of the allegation that those persons who were permitted to vote“
were not properly able to do so according to the provisions of the
Act and the Election Rules”, identify the persons referred to by
stating their names and addresses, state in each case the ways in
which they were not properly able to vote and identify the
provisions of the Act and the Election Rules referred to.”
[48]
In answer, solicitors for petitioner/respondent Simon stated as follows:34
a)
b)
The petitioner cannot and need not give the names and
addresses of all those concerned. This is a matter of
evidence.
The names of some of the persons either permitted or not
permitted to vote after 6.00pm are: Ynes James, Gray’s
Farm, St John’s Antigua.
(1989) 1 O.E.C.S. L.R. 198, at page 202.
Request for further information, Core Bundle Volume II, page 178.
34 Petitioner’s response to First respondent’s request for further information, Core Bundle, Volume II,
pages 54-56.
32
33
24
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