6. In all of the circumstances of the cases, the elections should not be
declared invalid in any of the contested constituencies on the ground of
substantial non-compliance with electoral law, whether or not breaches
affected the results. The circumstances do not show that the breaches
that occured in the conduct of the election were substantial in the sense
that a reasonable person would think that the election in each contested
constituency was a sham or travesty, particularly given the high
percentage of the electorate that voted in each contested constituency.
7. The trial judge erred when she invalidated the election of Mrs. QuinnLeandro, Mr. Maginley and Mr. Spencer on the ground that she was
unable to say that the results in the St. George, St. John’s Rural North and
St. John’s Rural West constituencies were definitely affected by the
breach, and, accordingly, that she could not find that the result was not
affected by the breach. Although the judge correctly applied the principle
stated in Morgan v Simpson, which was followed in Considine v
Didrichsen [2004] EWHC 2711 (QB) and applied in Halstead v Simon,
the judge erred when she dismissed the statistical evidence adduced
during the trial on the ground that she found them very unhelpful, without
attempting to assess them. Since an election is for the purpose of
determining the will of the registered electors, a court must attempt to
determine that will, as far as it is possible, on an election challenge. On
an assessment of the statistical evidence it is highly improbable that the
late opening of the polls affected the results in the St. George and St.
John’s West constituencies. It was improbable that the late opening of the
polls affected the result in the St. John’s Rural North constituency. The
trial judge should not therefore have found that the results in those
constituencies were affected by the breach in electoral law and,
thereupon, declaring the election of the appellants invalid.
Dicta by Jack J and Newman J in Considine v Didrichsen, supra,
explained; Morgan v Simpson, supra; Halstead v Simon; Edgell v
Glover, supra; Marshall v Gibson Divisional Court, 14th December 1995
considered; Fitzpatrick v Hodge (1995) S.L.T. (Sh Ct) 118; Miller v
Dobson (1995) S.L.T. (Sh Ct) 114, referred to.
JUDGMENT
[1]
RAWLINS, C.J.: These appeal proceedings involve 3 consolidated appeals from
a judgment delivered by Blenman J on 31st March 2010. In the judgment, the
learned judge granted 3 election petitions in which Dean Jonas challenged the
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