Magistrate erred in St James South recount — JLP lawyer
ST JAMES, Jamaica – There is an interesting development in the St James South magisterial recount, which has led to attorney-at-law representing the Jamaica Labour Party’s (JLP) Homer Davis giving an early indication that his team “has been forced to move in another direction”.
“Well, we will not tell you much at this point in time, but what I am prepared to say is that we will have to change gear and go in a different direction,” Hugh Wildman, attorney representing Davis told reporters following the day’s count on Thursday.
This, as during Thursday’s recount, a number of ballots cast in the February 25 general election, which had no authorizing marks were accepted by the presiding Resident Magistrate, Ann-Marie Lawrence Granger despite opposition from Wildman.
The ballots in question from polling division 31 had neither the signature of the presiding officer nor a date.
During the proceeding, Wildman had argued that without the initials of the presiding officer and the date of the election, the integrity of the ballots in question was compromised.
However, Gordon Brown, lead Attorney for the People’s National Party’s (PNP) incumbent, Derrick Kellier, pointed out that although the initials and date of the election held were missing, the voters should not be disenfranchised, and therefore should be accepted.
The Magistrate, in her ruling after taking a break, stated that she was satisfied that the ballots in question were legitimate.
She added that the ballots had the polling division number, the names of the constituency along with the names and symbols of the four candidates who contested the elections.
However, following the count, Wildman told reporters that the magistrate had erred in her decision.
He said there was a similar case in Hanover Eastern (in the 2007 general election) contested by the JLP’s Barrington Grey and the PNP’s Dr DK Duncan, which supports his argument for the ballots to be rejected.
Anthony Lewis
