A High Court judge in Trinidad Wednesday denied a motion filed by former finance minister, Karen Nunez-Tesheira, claiming a “breach of contract” ahead of the internal elections of the ruling People’s National Movement (PNM).
Justice Devindra Rampersad rejected the application sought by Nunez-Tesheira, who is challenging Prime Minister Dr. Keith Rowley for the leadership of the ruling party, Dr Kenneth Butcher, who is vying for the post of Chairman, and Bishop Victor Phillip, who is contesting the post of election officer.
The PNM internal election is scheduled for November 26 and 27 as well as December 4.
The judge said while the trio had raised an arguable case over a decision by the party’s executive council to host the election on three separate days over a nine-day period instead of on one day, he noted that they failed to provide cogent and compelling evidence that they would be prejudiced if it were allowed to go ahead this weekend.
“The greater risk of prejudice lies with the defendant,” Justice Rampersad said, noting also that the trio could still mount their legal challenge after the election is concluded.
“Although it is a difficult task to correct an election result, it could be set aside,” he said.
In the lawsuit, the three claim that the voting dates had been decided on by the party’s central executive and ratified by the general council on August 10, which they said is equivalent to an amendment of the PNM’s Constitution, which the party’s central executive does not have the power to make.
“The central executive is therefore subservient to the general council and cannot arrogate unto itself powers which the general council itself does not possess.
In the lawsuit, the three challenges were asking the High Court to allow all candidates, or their authorized representatives, to oversee the casting of ballots at all polling stations, as well as three orders to allow ballots to be counted immediately after the close of voting, postponing the election for 21 days to give effect to the court’s orders and declarations.
They also wanted the High Court to allow every candidate to follow ballot boxes to the venue where votes will be counted.
But Justice Rampersad rejected the trio’s concerns over a move by the party’s elections supervisory committee to have the ballot boxes escorted by police officers to a secret location before votes are counted on the last day of the election.
CMC/
