ST. GEORGE'S, GRENADA: - A PETITION by a Grenadian opposition parliamentarian, which if upheld could have even influenced a change in government, has been thrown out.

But it is not the end of the matter.

Lawyers for opposition National Democratic Congress candidate George Prime say they will appeal the ruling.

Prime had filed a petition to declare the result in last November’s elections in the Carriacou seat null and void because he said more than a dozen of his supporters were not allowed to vote.

If the court had ruled in his favor, they would have been another election within 90 days, and with the Keith Mitchell administration hold a mere one-seat majority in parliament, it was conceivable that an NDC victory would have forced a change in government.

High Court Judge Justice Charmaine Pemberton dismissed the petition today on more technical issues rather than on the merits of the case itself.

The Judge upheld the objections by lawyers for Representative Elvin Nimrod on the grounds the petition was filed outside of the time stated in law and that a $1200 deposit which Prime was required to lodge with the registry was not done in keeping with the provisions of the Law, having been paid by cheque and not cash.

Justice Pemberton ruled that the UK Election Rules apply in the absence of Judge’s Rules regarding the time frame within which an election petition is to be filed -- in this instance five days.
In her decision Pemberton said the petitioner did not, within five days after giving security, serve the respondents with a notice of Presentation of Petition.

Prime’s legal team included two Queen’s Counsels, Elliot Motley of Barbados and Carol Bristol of Grenada, lead attorney Lloyd Noel and Ruggles Ferguson.

Karl Hudson-Phillips QC and Attorney General Raymond Anthony led for the respondents.

NEWS BREAK, the sister syndicated radio news show of CARIBUPDATE.COM quoted lawyer Lloyd Noel as saying that the opposition NDC will appeal the decision.


SOURCE: CARIBUPDATE.COM