Constitution of Antigua and Barbuda.
Accordingly, she held that the voting
which took place after 6:00pm did not breach Rule 1(7).
[13]
The trial judge further held that the use of the ‘photo lists’ breached electoral law,
more particularly, section 25(1) [sic section 24] of the Representation of the
People Act. However, she held that, in all of the circumstances, the use of the
‘photo lists’ did not result in a sham or a travesty that prevented substantial
compliance with electoral law. She further held that the use of the ‘photo lists’ did
not affect the results in the 3 contested constituencies.
[14]
Notwithstanding that the trial judge found that the late opening of the polling
stations and the consequent late start of voting breached Rule 1(7) of the Election
Rules, she held that the late opening did not cause substantial non-compliance
with the law as to elections. This, she said, was because of the high percentage
of the voter turnout in each of the contested constituency bordering on 80% of the
registered electors. In those circumstances she found that the election was not a
sham or a travesty.
[15]
However, the judge found that an indeterminate number of persons were denied
the right to vote due to the late opening. In those circumstances, she held that in
order to avoid invalidation she had to be satisfied that the late start did not affect
the results. She stated that given the large percentage of persons who did not
vote (20%), she was not so satisfied that the late opening did not affect the final
result in each contested constituency. In those premises she invalidated the
election in the 3 constituencies.
[16]
The judge ordered the parties to bear their own costs in the High Court
proceedings.
12