Judges Denis Mootoo and Aruna Narain dismissed Jenny Adebiro’s motion on Tuesday 12th October. This decision concerns the election petition initiated by the defeated candidate of the MMM in Constituency No 19 (Stanley/Rose Hill) before the Supreme Court. Jenny Adebiro wanted to question the Electoral Commissioner, Irfan Rahman and the Returning Officer, Kevin Moorghen prior to the case being heard on its merits. The judges ruled that there is no need to call the Election Commissioner and the Returning Officer as both will be called to the stand and give evidence. As a result, the petitioner will be able to cross-examine them through her lawyer.
The judges also accepted the point made by the counsel for the Electoral Commissioner and the Returning Officer that “nor should the exceptional procedure for calling parties on personal matters be used for pre-trial discovery”. They were of the opinion that the “burden of proof rests on the petitioner to prove her case on a balance of probalities”.
Jenny Adebiro was elected at the fourth place in the last general elections, behind the three elected members of the constituency, namely Paul Berenger (MMM), Deven Nagalingum (MMM) and Ivan Collendavelloo (Alliance Morisyen). She is asking for a recount.
Jenny Adebiro is requesting a recount of the votes in District No. 19 (Stanley/Rose Hill).
The case had to be adjourned to a later date because the petitioner’s attorney, Senior Counsel Gavin Glover, is in self-isolation.
