( L - R ) Duncan, Gray

WESTERN BUREAU:

The Magisterial recount to determine the winner for the Eastern Hanover constituency was thrown into further confusion yesterday, when the judge granted a second count at the request of lawyers representing the Jamaica Labour Party (JLP) candidate.

Dr. D. K. Duncan of the People's National Party (PNP) was earlier yesterday declared the winner of the seat by 12 votes at the end of the initial recount, which is taking place at the Lucea Resident Magistrate's Court.

Request for adjournment

But when Resident Magistrate George Burton announced the outcome, attorney-at-law Harold Brady - head of the legal team for the JLP's Barrington Gray - asked for an adjournment in the matter to appeal the outcome.

The judge subsequently denied his motion, and this was when Mr. Brady asked for "a re-examination" of the 85 boxes in the constituency.

This was against the background that RM Burton had rejected ballots, which were reportedly improperly torn and from which the presiding officer's signature was missing. These ballots are in boxes 35, 43 and 81.

Ruling

"Your honour made the ruling, which is different from that of the first day and which in my view affects the others," Mr. Brady commented.

Mr. Gray was declared the winner by nine votes in the official count following the September 3 General Election.

But Dr. Duncan said the move by his opponent was "a delay tactic" and he was confident that he would be sworn in as the Member of Parliament when Parliament reconvenes, perhaps as early as this Thursday. "The JLP is playing for time and trying to obfuscate the issue. They are sore losers," he stated.

The magisterial recount began on September 21.