[41]
Mr. Mendes submitted that the evidence on late voting is of no moment because it
is plain that the question of persons voting after 6:00pm was not pleaded at all in
the St George (Jonas) petition. In response, Mr. Guthrie insisted that the issue
was raised in paragraphs 8.2, 8.3 and 8.4 of the Jonas petition. Mr. Mendes
asked this court to note that paragraph 8.2 of that petition simply states the times
between which the polls should be opened. Paragraph 8.2 of that petition states
as follows:
“The Election Rules scheduled to the Act provide that in the case of a
general election, polling shall take place between the hours of 6am and
6pm.”
[42]
Mr. Mendes further noted that paragraphs 8.3 and 8.4 of the St. George (Jonas)
petition only pleads material facts or allegations on the late opening of the polls.
He insisted that they make no allegation of persons voting or joining the lines at
the polls after 6:00pm. Paragraphs 8.3 and 8.4 state as follows:
“8.3. On the day of the election none of the polling stations in the
Petitioner’s constituency of St. George opened at 6 a.m. and in some
cases did not open for several hours, until 8 a.m. The polls in the three
constituency polling districts only opened as follows: Polling station A
(New Winthorpes) opened at 8;50am. Polling station B (Pigotts) opened at
8:30 a.m. Polling station C (Potters) was opened at 11:15am. This
represented a substantial reduction in the time available to the voters to
cast their votes.
8.4. As a result of the late opening of the polling stations, and the
reduction in the time available, substantial numbers of voters (some of
whom had queued since 4:30 a.m.) were prevented from casting their
votes. For example, many persons in Potters (polling station C) work at
the local hotels, and as domestic helpers would have been unable to meet
the cost of transport to return to [P]otters to vote before 6pm. This is to be
contrasted with the many government workers who did not lose any pay
and so were able to remain.”
[43]
It is clear to me that these are allegations concerning the late opening of the polls,
with the consequent reduction in the time which electors had available to them to
vote. The consequence of the late opening, according to these statements, is that
many persons, some of whom had queued for long periods, were unable to vote.
These statements do not allege that there was late voting in breach of electoral
22
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents