Disputed votes hearing is set

By Melissa Meehan
LOCAL residents are closer to a result of who will hold the seat of McEwen after Justice Richard Tracey set aside Wednesday 21 and Thursday 22 May as hearing dates.
The court, sitting as the Court of Disputed Claims, is charged with ruling on a small number of disputed votes following a recount in December last year.
Labor’s Robert Mitchell originally won the seat by seven votes but following a recount the seat was declared for the Liberal Party with sitting member Fran Bailey returning by 12 votes.
The ALP then appealed the result claiming some 40 of the 643 ballot papers at the heart of the appeal had been incorrectly ruled invalid on the basis of “handwriting discrepancies”.
Former Greens candidate and political observer Steve Meacher was at the court on Friday and said lawyers for both sides were asked to make further submissions on preliminary matters before 14 May.
Mr Meacher said that Justice Tracey said he was “minded” for the legal representatives of the parties to examine the ballot papers, in a court, under supervision.
While not a final decision, Justice Tracey said that if examination of the papers was allowed time would need to be scheduled for it to take place.
He said half a day would be set aside for both the petitioner, Rob Mitchell, and the respondent, Fran Bailey.
He said the 643 reserved ballot papers would be numbered and lists compiled of those in question.
It is believed that the hearing would then be limited to those papers.