Barbara Gayle, Staff Reporter

( L - R ) GRAY, DUNCAN

The re-examination of the magisterial recount for the Eastern Hanover constituency which was scheduled to continue yesterday, has been halted by a Supreme Court order.

It was the second time within a week that Resident Magistrate George Burton was prevented from continuing the process.

Senior Puisne Judge Marva McIntosh granted a stay yesterday of the re-examination to allow Jamaica Labour Party candidate Barrington Gray to make an application today for leave to go to the Judicial Review Court.

The RM had ruled that he was not going to include in his final tally of votes, the ballots on which the presiding officer's signature was absent. Gray's lawyers are seeking to go to the Judicial Review Court to get orders to compel the RM to include those ballots.

Improperly rejected

Gray, who had won the final count by nine votes, is contending that the RM improperly rejected 84 ballots to the detriment of the candidates. He said 58 of those votes were for him, while 26 were for Dr. D.K. Duncan, the People's National Party candidate.

After the magisterial recount last week Monday, Dr. Duncan was reported to be the winner by 12 votes. Last week Tuesday, Gray brought an application in the Supreme Court to stop the re-examination but Mrs. Justice Marva McIntosh said she did not have the jurisdiction to hear it.

Gray took the matter to the Court of Appeal on Tuesday and got a stay until the appeal was heard on Thursday. The Court of Appeal upheld the judge's ruling.

Attorney-at-law Harold Brady, who is representing Gray, had asked for an adjournment to appeal the outcome after the RM had completed the recount. The RM denied his application and Mr. Brady then asked for a re-examination of the 85 boxes in the constituency.

Mr. Brady made the application for a re-examination after the RM rejected a number of ballots, which were reportedly improperly torn and the presiding officer's signature missing.

barbara.gayle@gleanerjm.com