Paul Borg Olivier, who is legal counsel to the Nationalist party in a court case over the distribution of votes in last year's general election, this morning formally requested one of the Labour Party's delegates on the Electoral Commission to work out the distribution of parliamentary seats in terms of first count votes case.
The PN is insisting that in terms of the law, the difference in parliamentary seats between it and the Labour Party after the last election should be seven, and not nine seats.
However mistakes had been made in the allocation of votes in the eighth and 13th districts, benefiting Labour's Edward Scicluna and Justyne Caruana. The PN subsequently instituted a case before the Constitutional court.
Frederick Azzopardi, one of the Labour Party's two delegates on the Electoral Commission, was called to testify today.
He explained that he was present at the counting hall and he recalled that during the eighth count of the 13th district, Gozo, the commission was called to the counting table. It was found that during the transfer of votes of Paul Buttigieg, 10 votes were missing. Instead of 678 votes, there were 668 votes.
The votes were counted three times but the figures did not change. The parties' delegates and the commission then both decided to increase the non-transferable votes by 10 as the total of each count had to remain the same throughout, he explained.
Once a count was closed, then it could not be re-opened again, Mr Azzopardi said.
Then in the 10th count, Labour's Justyne Caruana was found to have nine votes more than Nationalist Party candidate Frederick Azzopardi and the Nationalist Party filed an official complaint. This was eventually followed up in court.
Mr Azzopardi said there was no turning back to the counting of the votes once a count was declared closed. The result would have been different if the votes were counted again.
Lawyer Paul Borg Olivier asked whether the Nationalist Party had filed a complaint in the eighth count and presented a document.
However, lawyer Pawlu Lia, representing the Labour Party, argued that it had been presented on the 10th count on the final number.
Questioned on the transfer of votes in the eighth district, Mr Azzopardi said a packet of 50 votes for Nationalist Party candidate Claudette Buttigieg had been placed with those of Nationalist candidate Michael Asciak. These were found when Dr Axiaq was eliminated and his votes transferred to other candidates (Ms Buttigieg's votes could thus not be transferred).
Dr Borg Olivier asked whether the number one votes of the Nationalist Party would work out into a seven seat majority for the Labour Government instead of the present nine seats. He presented a set of formulae, found in the law, and asked Mr Azzopardi to carry out the workings.
Dr Lia and Prof. Ian Refalo (representing the Electoral Commission) both objected. Mr Azzopardi said he was able to work out the formula but the decision of the Electoral Commission was final.
Dr Lia objected because the result had to be based on several assumptions and it would not reflect the facts. Prof. Refalo pointed out that the witness had already said he could not give an answer because there were too many assumptions that he had to base himself on.
Madam Justice Padovani said she would rule on Dr Borg Olivier's request in another sitting.