The Nationalist Party’s case to be granted two more seats in Parliament, which has already suffered one setback, could be further delayed after the Labour Party yesterday made a new legal move.
The PL claimed its right to a fair hearing had been breached in a recent constitutional ruling and wants its claim to be given precedence over the PN’s case.
Labour’s application was filed before the First Hall of the Civil Court in its constitutional jurisdiction and is due to be appointed before a judge.
The First Hall has already ruled once on the PN’s case, saying the party was deprived of two seats as a result of a procedural error in the counting of votes in the 2013 general election. It ordered the Electoral Commission to award two additional seats to the PN.
The PL claimed its right to a fair hearing had been breached and wants its claim to be given precedence over the PN’s case
But at the end of last month the Constitutional Court annulled this decision, upholding Labour’s argument that it should have been included in the case, and sent the case back to the First Hall.
Yesterday, as the case was starting from scratch, the PL filed its new claim against the Attorney General, the permanent secretary within the Justice Ministry, the PN, the Electoral Commission, the Law Courts’ registrar and the MPs involved in the counting incident.
It objected to that part of the Constitutional Court’s decision finding that the First Hall has jurisdiction over the case. The PL said the Constitutional Court deprived it of making its arguments on that point, in breach of its right to a fair hearing, and called on the First Hall to provide a remedy.
Labour informed the court of its case and asked that it be decided before the PN’s, to safeguard its rights. Lawyers Toni Abela and Lydia Abela signed the application.
The Nationalist Party’s case revolves around a mistake in the counting process on the eighth district when a packet of 50 votes belonging to PN candidate Claudette Buttigieg was mistakenly transferred to PN candidate Michael Asciak.
Dr Asciak was eliminated and Labour’s Edward Scicluna was elected. On the 13th district, 10 votes belonging to PN candidate Frederick Azzopardi went missing and Labour’s Justyne Caruana was elected.
The PN instituted court proceedings against the Electoral Commission and the Attorney General, claiming the mistakes affected the outcome of the election result and requesting to be awarded the two seats.