The decision was made today in the Appeals court before Chief Justice Ivor Archie and Justices Allan Mendonca and Peter Jamadhar who dismissed the appeal made against the UNC by The Election and Boundaries Commission.
The constituencies being challenged by the UNC are San Fernando West, La Horquetta/Talparo, Toco/Sangre Grande, Tunapuna, St Joseph and Moruga/Tableland.
In a 2-1 majority decision, the Appeal Court found that High Court Justice Mira Dean-Armorer was fair when she granted the UNC permission to present the petitions to challenge the election results on September 18.
Today, Chief Justice Ivor Archie, who voted against the decision, argued that that the EBC is the sole body responsible for governing the voting process and as such, it had the authority to extend the voting hours on September 7, should there have been good enough reason for doing so.
Archie said that the evidence presented in the Appeal did not show that the process was unfair or that the election result would have been different, if there was no one-hour extension of voting in the September 7 general election. Justices Jamadhar and Mendonca however argued that the voting process had to be seen as free and fair, and that justice must not only be done, but seen to be done.