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Top Election Heads To Court Today

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Published: 
Saturday, June 1, 2013
Justice Minister Christlyn Moore, who is also chairman of the TOP’s Constitutional Amendment Committee, said in a letter dated May 21 to party chairman, Lionel Coker, that tomorrow’s election must “be aborted.”

Two members of the Tobago Organisation of the People (TOP) yesterday gave the party leadership a 24-hour ultimatum to postpone tomorrow’s election or face High Court action. Attorney Om Lalla issued a pre-action protocol letter—dated yesterday—to the TOP’s general secretary Alicia Edwards on behalf of members Gladstone Solomon and Trevor Gardiner.

 

 

But TOP leader Ashworth Jack, who said he had not seen the legal letter, said in a telephone interview yesterday that “unless we see anything compelling, we have a conference to take place tomorrow and it will take place as scheduled.” Jack said the two individuals were new members of the party. They are seeking postponement of the election to allow for proper implementation of the one-man, one-vote system. 

 

“Should you fail to accede to our request we will have no alternative but to seek legal redress from the High Court for injunctive relief to stay the said election,” Lalla’s letter said. The injunction is expected to be filed today. Justice Minister Christlyn Moore, who is also chairman of the TOP’s Constitutional Amendment Committee, said in a letter dated May 21 to party chairman, Lionel Coker, that tomorrow’s election must “be aborted.”

 

“Bearing in mind that your principal amendment signals a move to democratise the party structure, it is incongruent that the executive seek to extend its term at this stage and in this way,” Moore said. “That is to say by a vote of delegates at the same time and in the same motion that it is considering to permit it to move away from the delegates system all together. This is a matter that causes a fundamental disquiet.”

 

The letter claimed that since 2008, election of all members of the executive had taken place under the delegate system. The pre-action letter stated that at a TOP Conference of Delegates in May 2012, a motion was passed to allow for voting to be done under the one-man, one-vote system.

 

It further stated that at a TOP meeting on May 26, 2013, amendments were drafted to allow for the one-man, one-vote system but “were not put to the membership and that the wider membership was not notified of the said meeting and the said meeting collapsed because of disagreement.”  The letter said subsequent to that meeting, Jack was intent on holding the election on June 2 under the one-man, one-vote system.

 

 

Lalla’s pre-action protocol letter said that was being done “despite the fact that no amendments to the (party’s) constitution had been made and despite the views expressed by members present.” The letter said the party’s wider members were not aware of what voting system they should vote under if the election was held tomorrow as scheduled. 

 

It further stated that several attempts were made by TOP members “to stop the election.” The members are saying if the election was held tomorrow it would be illegal. Members are claiming the announcement of the one-man, one-vote system was made too close to the deadline for them to regularise their status in the party. Members said they would be prejudiced as a consequence.

 

The letter said many supporters of the TOP would be deprived of an opportunity to participate in the election as the matter has not been determined.


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