A dispute over the election results in the riding of Saint John Harbour continued to play out in a Port City courtroom Wednesday.
An injunction was filed on behalf of PC candidate Barry Odgen claiming voting irregularities connected to the September 24th provincial election.
Liberal MLA Gerry Lowe squeaked out a narrow win of only 10 votes over Odgen and that victory was upheld in a recount held in October.
Saint John Harbour MLA Gerry Lowe spoke to reporters outside of the #SaintJohn law courts. pic.twitter.com/aZI9Ywr9oJ
— Tamara Steele (@tamarasteele1) December 19, 2018
Elections New Brunswick lawyer Fred McElman called for the removal of Ogden’s lawyer Kelly VanBuskirk over a privileged document.
VanBuskirk said the document was provided to them “as a sense of duty but, with fear.”
McElman said the document was created at his request and at the bottom of each page it clearly says “for use by ENB solicitor” which he contends makes it privileged material.
Lowe told reporters outside court he was made aware of the upset between the two lawyers over the document.
Saint John Harbour MLA Gerry Lowe says he was a bit surprised that Elections NB lawyer Fred McElman wants Barry Ogden’s lawyer Kelly VanBuskirk removed from the application. pic.twitter.com/PgZCF3FMZV
— Tamara Steele (@tamarasteele1) December 19, 2018
“I didn’t understand it but, I knew something was wrong. Whether he’d been deceived, I don’t really.
I’m not a lawyer, you know, I’m a taxi driver so I don’t understand it all, right?” Lowe said.
Lowe said he wants all of this to be over.
In court, Mr Justice Hugh McLellan made a request of the lawyers asking that any additional briefs relating to this case be sent to him by Thursday afternoon to avoid what he called “hearing by ambush.”
He will hear the motion to remove Vanbuskirk from the case on Friday morning in Saint John.
Barry Ogden was also in court but declined to speak with the media along with Elections New Brunswick lawyer Fred McElman.
