Connor's legal challenge due September

Published Friday, 11 June 2010
Comments
Toggle font size
Print

Unionist unity candidate Rodney Connor's legal challenge to losing his General Election battle with Sinn Fein will be heard in September, judges confirmed on Friday.

The hearing into the Fermanagh and South Tyrone result will take place at a court within the constituency, and is expected to last for up to three days.

Mr Connor has lodged a petition for a review of the outcome which saw Sinn Fein's Michelle Gildnernew beat him by four votes after three recounts.

He is claiming there were breaches of the statutory rules and is seeking a scrutiny of the votes, a recount and a determination that Ms Gildernew was not duly elected.

The victorious Sinn Fein candidate insists, however, that she was properly returned last month by the people of Fermanagh and South Tyrone as their MP.

During a review hearing at the Election Court in Belfast, which is constituted under the Representation of the People Act 1983, lawyers Mr Connor were given a week to lodge a discovery application for any material being sought.

Barrister Patrick Good told the judges that, on a preliminary view, four witnesses may be required.

A legal representative for the returning officer suggested calling a similar number to give evidence.

Bara McGrory QC, appearing for Ms Gildernew, told the court: "There's an onus on the elected member to defend this matter."

Lord Chief Justice Sir Declan Morgan, sitting in the case with Mr Justice Gillen, stressed the "urgency in pressing these matters on".

Sir Declan then confirmed: "Having regard to the representations of the parties we are going to fix this petition for hearing on Monday September 13 at a venue within the constituency.

"If there is an issue arising which might give rise to any difficulty in relation to the trial date the petition can be reviewed on the request of any party, as long as sufficient notice is given to the others involved."

Once the hearing is concluded the Election Court will then make a determination to the Speaker of the House of Commons on the matters set out in the petition.

That determination is deemed to be final.

© UTV News
Comments Comments
0 Comments
No comments. Be the first to comment.
POST A COMMENT:
Name:  
Email address*:    
Location:  
Validation:
House Rules:  
Your Comment:  
[All comments are moderated and will not appear immediately. Your name, location and comment will be displayed on this page if your post passes moderation.]