Nationalist MP demands correction to vote-counting error

A Nationalist MP contesting the result of the electoral count insisted in court today that some 50 votes incorrectly attributed to another candidate had to be redressed.

"The fact I am elected in Parliament is irrelevant - 50 people who chose me to represent them are locked somewhere in a drawer and considered as 'dubious' votes," Claudette Buttigieg said this morning.

Madam Justice Jacqueline Padovani Grima continued hearing the case filed by the PN on an alleged mistake in the counting of votes in the March 2013 election.

Buttigieg contested the general elections on the 8th and 12th districts on the PN ballot. She told the court that during the vote-counting, she had focused on the eighth district counting where she had a better chance of being elected.

"Around 10 people were handling the votes. When Michael Axiaq (former MP) was dropped from the run, I was told that I could be expected to be elected with some 60 votes. Axiaq himself came up to me and congratulated me. However when Axiaq's votes were reopened I noticed a mistake. A lot of slamming against the perspex wall ensued, when the party agents started saying that the votes were invalid. It transpired that the first-preference votes were not Axiaq's but mine," the MP said.

The Electoral Commission approached the candidate and informed her of the possibility of a mistake. "I assumed that every mistake would be rectified. I personally saw 50 'number one' votes in my name placed in the 'dubious' pigeon-hole. So I filed a court writ. Although I was still elected, I should be there on my own steam and not due to an act of law," she said, referring to the Constitutional clause that added MPs for the Opposition. "I still have the votes of 50 people who chose me to represent them, forgotten."

Cross-examined by Labour Party lawyer Paul Lia, Buttigieg confirmed she was 300 votes away from reaching her district quota to be elected. She said that the recount was requested during the 14 count, but that the mistake had been done during the first count. "I didn't notice the mistake when it happened because my attention was elsewhere."

On his part, Lia reiterated that there was no need for this civil suit as Buttigieg was an MP.

Lia, appearing for Labour MPs Justyne Caruana and Joe Debono Grech, and Minister Edward Scicluna, asked the court to decide as to whether it had jurisdiction on this case. "This request is of a constitutional nature. If this court has no jurisdiction to hear this case, then the court should stop hearing witnesses," Lia said, adding that Buttigieg herself had already given her own evidence in the Constitutional Court, which evidence was included in these proceedings.

Dr Susan Sciberras, on behalf of the Attorney General and Dr Ian Refalo, on behalf of the Electoral Commission, agreed with Lia.

The plaintiff's lawyer, Dr Therese Commodini Cachia, countered that Buttigieg's evidence was highly relevant to both the case at hand and the application regarding on court's jurisdiction to hear the case.

"The decision was taken by the Electoral Commission itself. The request is nothing but an attempt to silence a witness from divulging details about the way events actually unfolded," she said, requesting a week's time to reply to the statement that the court had no jurisdiction on the case.

Madam Justice Jacqueline Padovani rejected Lia's request not to hear further evidence and ordered the court to proceed with the evidence of Claudette Buttigieg. The case is postponed to 27 November.