It took three judges of the Constitutional Court less than an hour to dismiss a case filed by the PN against the Electoral Commission over an irregular prison vote, ruling that the Constitutional Court - Malta's highest court - did not have legal jurisdiction to decide the case.

The commission had turned down the PN’s request to annul an early vote taken by prisoners last Saturday.

PN secretary-general Michael Piccinino late last night filed an injunction after noting that some ineligible prisoners had been allowed to vote.

The Electoral Commission’s lawyer, Prof. Ian Refalo told the court that the PN were “trying to stop the electoral process.”

“If the injunction is upheld this means that the election cannot be concluded as the counting of votes cannot be concluded before the opening of this ballot box,” he said.

Lawyer Paul Borg Olivier, representing the PN in the proceedings, rejected the assertion that the party was trying to stop or delay the election. “There are three stages in every election and voting is currently underway. The voting closes on Saturday. We are saying that early voting was carried out incorrectly and we are asking the court to correct the shortcomings.”

Borg Olivier suggested that for practicality’s sake, the ballot boxes affected should be opened and the votes inside them verified and sorted, with a view of counting them on Sunday.

It was not true that they would be dragging out the election by doing this, he said, pointing out that many more people would also be voting on Saturday.

The law disqualifies certain people from voting a priori, he said, adding that it was the duty of the Prisons Director and the Registrar of Courts to inform the electoral commission of court sentences which affect certain inmates’ eligibility to vote.

“The director of prisons is obliged, by the third day from the publication of the electoral register, to give the list of persons residing at Corradino Correctional Facility and this list must be continuously updated as stipulated in the law,” he said. “If the Electoral Commission is not receiving the information, it had the obligation - and only it can do this -to check the list and eliminate ineligible voters. Did the commission fulfil this obligation? Was the Registrar of Courts aware of this?”

In his submissions, Prof Refalo insisted that the law stated that every registered voter is eligible to vote. “So good or bad, they have a vote.”

He argued that if the PN wanted to change the electoral register, it had filed the case too late and should have done so at a much earlier stage.

“Let us imagine my learned colleague is right. The vote remains the same. I cannot change the electoral register. Rather the law precludes any authority from touching it,” Refalo submitted.

The Electoral Commission is claiming that the court did not have jurisdiction over it. “There is no law which gives this court the jurisdiction that he is expecting it to have,” Refalo said.

Today’s proceedings also placed the Electoral Commission at a disadvantage, he said, as it deprives it of the right to appeal. “How can I declare the election closed if I cannot open this packet [of votes]?”

After the court invited the lawyers of the parties to make their arguments on the issue of jurisdiction raised by the defendant, it ruled that a decision on this point should be given before proceedings continue. The sitting was temporarily suspended for the court to rule on the issue.

When the sitting resumed some 30 minutes later, the court issued a ruling, stating that it lacked the necessary jurisdiction to hear the case and dismissed it. The injunction, which had been provisionally upheld, was also revoked. The plaintiff was ordered to bear the legal costs of both the case and the injunction.

 

PN respects decision but expresses reservations

Reacting, the PN said it would respect the court’s decision but said it still has reservations because the “serious shortcomings” by the electoral commission were not addressed in the interest of a just and transparent electoral process.

It said it remains committed to use all legal means at its disposal to ensure that the electoral process is transparent, just and free.

“Today’s action shows that the PN will not allow the electoral commission to abide by its duty at law.”

It said that, in view of what happened, it is more important than ever that people acknowledge the need to support the PN during Saturday’s election.