[48] It was further urged that besides Canada, the position held by the
House of Lords has recently been emulated by the Constitutional Court of
Seychelles in Wavel John Charles Ramkalawan v. The Electoral
Commission.10
[49] Citing the decision of the Canadian Supreme Court in the case of FH
v. McDougall11, the petitioners contended that the elevation of the civil
standard of proof in respect of matters which are not criminal in nature on
the basis that they are deemed as ‘serious matters’ is improper. In the
circumstances, they urged the Court to find that the applicable standard of
proof in the presidential election petition is on a balance of probabilities.
[50] The petitioners concluded by submitting that their petition is merited
and should be allowed in the following terms:
(a)
Immediately upon the filing of the Petition, the 1st
respondent do avail all the material including electronic
documents, devices and equipment for the Presidential
Election within 48 hours.
(b)
Immediately upon the filing of the Petition, the 1st
respondent do produce, avail and allow access for
purposes of inspection of all the logs of any and all
servers hosted by and/or on behalf of the 1st respondent
in respect of the Presidential Election within 48 hours.
(c)
A specific order for scrutiny of the rejected and spoilt
votes.
10
Wavel John Charles Ramkalawan v. The Electoral Commission (2016) SCCC 11.
FH v. McDougall (2008) 3 SCR 41.
11
Presidential
Petition
No.
1
of
2017
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