Mantle was not an election official. He confirms in an affidavit that the
box was handed over to him by Beverly Valentine to deliver to the counting
station.
This box was found to be empty at the final count. As a result none of the
votes which had been polled in that Polling Division was reckoned in declaring
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the winner.
If Beverly Valentine is believed, and her evidence is uncontradicted, the
ballots which she had counted and placed in the box were removed by person or
persons unknown.
In addition thereto Mantel who accompanied the box to the counting
station is an unauthorised person and therefore unable to perform that function.
Sections 44(10) and 44(10A) of the Representation of the People Act
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stipulate how ballot boxes are to be conveyed to the counting station, that is by
registered mail or delivered to the Returning Officer by a qualified person.
It is clear, on the evidence, that the ballot box has been tampered with and
the number of electors on the list of electors, to wit, 312 is more than the
difference in the number of votes cast for the candidate who was declared the
winner, to wit, 153 votes.
Pollimp Division 64
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At the final count 128 of the ballots in this polling station were found to
be disfigured. The preliminary statement of poll recorded 186 votes for Warren