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Editorial - Protracted election petitions ON Friday, Justice Basil H. Reid declared lawyer Abe Dabdoub (JLP), the winner by 23 votes of the December 18, 1997 election in the constituency of St. Catherine North East which had been won originally by teacher Phyllis Mitchell (PNP), by 30 votes. In the election Mitchell had polled 4,750 votes to 4,713 for Dabdoub and 117 for Bancroft Anglin of the NDM. But Justice Reid granted Dabdoub's election petition on the grounds of several irregularities. His decision has come three and a half years after Election Day. Bear in mind that hearing of the election petition did not begin until two and one half years after the election and that the hearing itself lasted for almost a year, conducted over 45 days. According to the Judge, in the ordinary course the successful petitioner should be awarded costs "but because of the protracted conduct of the proceedings involving calling witnesses superfluously" Dabdoub and Mitchell will bear their own costs without further award. Under amendments made to the Election Petitions Act in 1997 the Constituted Authority can apply to the Election Court to have an election voided speedily in a constituency if the number of ballots counted exceeds the number on the voters' list; if ballots are stolen or destroyed; if the Presiding Officer acts under duress; if the persons who voted are not on the list for that constituency; or if the elections were affected by violence. In the case of Andrew Holness and Dr. Warren Blake in the St. Andrew West Central constituency where a by-election was held on June 30 1998, following the December 18, 1997 general election the Constituted Authority did take the requisite action before the Election Court. However it seems that the excessive delay being complained of will always be experienced when an aggrieved candidate takes out an election petition in a case where the Constituted Authority does not make an application to void the poll. The system for the hearing of election petitions must be speeded up.
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