printing machines and was not deliberate. In my view, notwithstanding that the first
mentioned conclusion by the judge may be understandable, it is a conclusion that
should only have been drawn if that question was made a central issue in the
petitions and was canvassed as such. It was not.
[23]
Mr. Martineau further submitted that the trial judge should not have found that
electoral officials quite unwisely decided to use the ‘photo lists’ instead of the
Register for Elections on election day. Mr. Martineau insisted that the
uncontroverted evidence was that it was always the intention of the electoral office
to use both the ‘photo list’ and the Register together as was done in previous
elections.
It is perhaps understandable, in my view that electoral officials
intended, by using these lists, to buttress the integrity of the electoral process and
to provide additional security for it.
Notwithstanding that this intention was
admirable, it remains that the ‘photo lists’ were not prescribed for use by law. It
may be that if they were so prescribed, their use would have benefited from a
certain, rationalized and planned process, which may have obviated the judge’s
comment. It is my view that the comment was not central to the resolution of the
critical issues that arise on this appeal.
[24]
In summary, then, the central task for this court is to adjudicate upon the
appellants’ prayers for orders setting aside the judge’s decisions declaring their
election invalid, and to determine the petitioners/respondents prayers for orders
dismissing the appeals with costs.
It was not clear whether the
petitioners/respondents also seek costs in their petitions in the proceedings in the
High Court.
The issues
[25]
The issues that arise for consideration on the appeals and counter-notices revolve
primarily around the late opening of the polls and late voting. I shall first consider
whether late voting was properly pleaded. Logical development dictates that I
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