Disputed election was legal

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Wednesday, January 27, 2010
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This is Staffordshire

DEFEATED ward candidate Eve Maley wants to be an MP after losing an 18-month battle to get an election result overturned.

A public inquiry at Hanley Town Hall yesterday ruled the hotly-contested Northwood and Birches Head election in 2008 was held lawfully by Stoke-on-Trent City Council.

Independent candidate Mrs Maley came second to Liberal Democrat Dave Sutton by just one vote and he has been serving as ward councillor ever since.

Mrs Maley has spent £7,000 of her money and visited the High Court several times after alleging voting information was not recorded correctly by city council returning officer and head of legal services Paul Hackney.

The public inquiry, which began on Monday, looked into why 742 postal vote envelopes were counted before election night, of which 26 were rejected, leaving 716, but only 715 were accounted for after the official count.

The petition was rejected by electoral commissioner Richard Mawrey, who said it had led to cumulative costs of six figures for both parties.

He said the "missing" vote could be explained by mistakes in the recording of information on the records.

"They seem to be no more than the result of the miscasting of figures which were themselves correct or the misrecording of a rejected postal voting statement which has been discovered and rectified.

"It seems to me that we have eliminated the discrepancies.

"If the discrepancies are eliminated, there is nothing from which a court could draw the inference that a vote might have gone astray.

"In my judgment it has now been established that no vote did go or could have gone astray."

In giving his verdict on the inquiry yesterday, Mr Mawrey told how allegations had originally been made by Mrs Maley about "misconduct" in the counting of votes immediately after the election.

He said this led to a re-examination of the ballots admitted to the count, of the rejected and spoilt forms and to a full recounting of the votes.

But that showed the correct number of ballots had been given to the count officials and no voting papers had been improperly admitted or wrongly rejected.

Mr Mawrey added: "The ballots admitted to the count were then recounted and the result tallied exactly with the result announced at the original count."

But Mr Mawrey rejected an application for Mrs Maley to pay all of the legal costs of the authority's returning officer.

Instead, he said she would have to pay £2,500, which is the minimum figure paid by all people who petition against the results of a local election.

Speaking after the hearing, Mrs Maley, of Eaton Street, Northwood, said she was now looking to become an MP.

She wants to claim Stoke-on-Trent Central MP Mark Fisher's seat in the forthcoming General Election.

Mrs Maley said: "I don't regret doing this at all.

"The inquiry has shown that dozens of mistakes have been made, but they have still come down in the council's favour.

"I'm not just going to give up. This council needs to be challenged and that is why I am going to stand as an MP."

The city council declined to say how much the legal proceedings cost the authority.

A spokesman said: "It has all been covered by our insurance. It has not cost us anything.

"The council is pleased the court has returned a verdict that has validated the result of the election.

"The council is confident that the counting procedures used at elections are robust."

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6 Comments

  • Profile image for This is Staffordshire

    by Guy Brookes-Smyth, Bradeley

    Wednesday, January 27 2010, 6:02PM

    “Yes, of course the comments below bear no relation to reality, it is another tirade of paranoia from the BNP and their friends. We get quite used to it 'round here!”

  • Profile image for This is Staffordshire

    by James Gilmour, Edinburgh

    Wednesday, January 27 2010, 5:56PM

    “T Cope wrote:
    ""Dozens of misstakes made and still they find in the councils favour"?
    Well they would, who connected to the Electoral Commission would admit fault for this debacle? "

    This pejorative comment is incorrect and should be withdrawn.

    Richard Mawrey QC is a Deputy High Court Judge and is not a member of the Electoral Commission. When a judge presides in a court hearing an Election Petition, the judge is described as an "Electoral Commissioner", but all such judges are completely independent of the Electoral Commission. Given his record of past judgements on electoral petitions and allegations of electoral malpractice, it would safe to say that Richard Mawrey QC shows favour to none but the truth when presiding at an election petition hearing.

    The Electoral Commission had no part in the administration of the disputed election and all Local Government Returning Officers are independent of the Electoral Commission.

    I have no connection to the Electoral Commission or to any official body involved in UK public elections.”

  • Profile image for This is Staffordshire

    by Guy Brookes-Smyth, Bradeley

    Wednesday, January 27 2010, 11:11AM

    “I have some sympathy for Mrs Maley, losing the election by 1 vote, and with mistakes being made in the course of the Count. I am not sure that the 'mistakes' have actually affected the outcome? What the article doesn't address is the central point made at the time is what was the status of the two votes that were found after the third re-count that put Mr Sutton in the lead? Presumably these were, in fact valid if the result has been found to stand? I can see that the running of the Count could have been better, but I'm not sure where the alleged 'injustice' comes into this now? Good luck with the parliamentary campaign, but I think Mrs Maley will find it a completely different ball game from a council ward campaign. She also needs to think about what basis she is asking people to vote for her, because I can see that there is going to be a fair bit of competition from other candidates puporting to be 'people's champion. And some of their claims to this might be perceived to be stronger too.”

  • Profile image for This is Staffordshire

    by ell, Biddulph

    Wednesday, January 27 2010, 10:42AM

    “I am saddened by this result. Having read the evidence I really thought she had a good chance to win. I hope you are successful in your hope of becoming a M.P we need people to stand up to injustice.”

  • Profile image for This is Staffordshire

    by T COPE, TUNSTALL

    Wednesday, January 27 2010, 10:02AM

    “"Dozens of misstakes made and still they find in the councils favour"?
    Well they would, who connected to the Electoral Commission would admit fault for this debacle?”

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