( L - R ) Duncan, Gray - file photos

The Court of Appeal is to hand down its decision today in the dispute involving rejected ballots in the Eastern Hanover constituency.

Jamaica Labour Party candidate Barrington Gray is asking the Court of Appeal to set aside a Supreme Court ruling so he can take the issue to the Judicial Review Court.

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

The ballots were rejected because the presiding officer's signature was improperly torn off.

Attorney-at-law Abe Dabdoub argued that Gray's appeal was an abuse of the process of the court. Mr. Dabdoub, who is representing Dr. D.K. Duncan, the People's National Party candidate, said Gray had taken the issue to the Supreme Court before and lost. He said Gray was now pursuing the application on the same facts and seeking the same remedy.

Mr. Dabdoub said the RM had completed the recount and should be allowed to make his certification as to who was the winner.

He said the only available recourse was for Gray to take the matter to the Election Court.