Director of State Proceedings Nicole Foster-Pusey argued yesterday in the Court of Appeal that Resident Magistrate George Burton did not act outside of his jurisdiction when he rejected certain ballots in the Eastern Hanover Constituency.

Barrington Gray, the Jamaica Labour Party candidate, is appealing against a Supreme Court ruling, which turned down his application to go to the Judicial Review Court.

No signature

The RM had rejected the ballots on the grounds that the presiding officer's signature was not on the ballots, as well as the polling division and constituency.

Gray is seeking to go to the Judicial Review Court to get an order to compel the Resident Magistrate to count those ballots.

Yesterday, Gray's lawyers, Winston Spaulding, Q.C. and John Vassell, Q.C., referred to sections of the Representation of the People Act and said the RM acted outside the powers conferred upon him under the act, when he improperly rejected the ballots.

Lawyers representing Dr. D.K. Duncan, the People's National Party candidate, will make their submissions today.

The magisterial recount has been halted following the legal battle in the courts.