Tonight there's another loss for UDP Leader Shyne Barrow - but this one is in the High Court. In March of this year, Barrow and his Deputy Party Chairman Alberto August challenged the decision of the Elections and Boundaries Commission to permit more than one candidate to identify with the color red on the ballots. That's the color requested by Tracy Panton's faction of the party - and the elections and boundaries permitted it.
Barrow and August challenged the validity of that decision requesting leave for judicial review - and today the decision was handed down by justice Tawanda Hondora. He dismissed the application for judicial review on the grounds of unreasonable and unexplained delay in prosecuting the matter on the part of Barrow's attorneys.
The attorney for Elections and Boundaries, Hector Guerra outlined his successful argument of the E&B office operating within its powers by assigning the colors:
Hector Guerra, Attorney - Elections and Boundaries Commission
"The Elections and Boundaries Commission under the representation of the People's Act is allowed before elections are held, is granted the power to allocate colours to various parties. The legislation is plain. It doesn't refer to factions within a party. It refers to political parties. And that is where we say Mr. Barrow was plainly wrong in his argument that the elections and boundaries lack the power to in fact issue the colours."
Jules Vasquez
"And what was the judge's finding in the end?"
Hector Guerra
"So the judge's finding focused on two primary points. The first had to do with the mootness of the challenge. The challenge by the time it came up for hearing was already moot."
"So the decision was handed down by the Elections and Boundaries Department on the 25th of February. Mr. Barrow and Mr. August filed a claim for judicial review early March, 3rd of March. They filed the claim, but did not prosecute it, did not push it."
"Of course, elections were held on the 12th of March. The results were that the People's United Party came out victorious winning 26 of the 31 seats. Despite filing the claim on the 3rd of March, they did not serve it on the Elections and Boundaries Commission and the Attorney General's Ministry until early April."
"So more than a month had elapsed since the filing of the claim. And of course, a significant amount of time had already passed since the general elections were held. But it didn't end there. They then, after being prompted by the judge whether they would continued to push pursued a claim in light of the fact that elections were already held, decided that they would then amend the claim in July."
"So the judge held that in view of those circumstances and the fact that what was being challenged was the use of a color in an election which had already been held in an election for which results had already been declared, it meant that the claim was entirely moot."
"That's point number one. And point number two was that the court held that in the circumstances which I just outlined, the claimants were entirely delayed in prosecuting their claim."
But while the application was dismissed - basically on a technicality - what about the substantial matter of whether the Elections and Boundaries can give two candidates the same color on one ballot? Guerra says the case was argued in court:
Hector Guerra, Attorney - Elections and Boundaries Commission
"Arguments were advanced in court that dealt specifically with the point which you just raised that you're leading, you're not making it clear in terms of which political parties individuals are voting for. But at the end of the day it's not disputed, certainly by miss Panton side that she is a part of the united democratic party."
Barrow was represented by Matthew Morris while Samantha Matute, and Imani Burgess appeared for the attorney general.
