BNP lose election court battle

1:43pm Friday 8th February 2008

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FOUR voters in Burnley have been left with a £30,000 legal bill after a tied' ballot was resolved in favour of a victorious Labour candidate by High Court judges.

Four British National Party supporters who challenged the Burnley Council election win for Labour's Paul Reynolds, in the Rosegrove with Lower-house ward, last May, left London empty-handed last night.

Coun Reynolds had triumphed over the BNP's John Rowe after they received an equal number of votes following a recount - and the Labour man won when lots were then drawn.

The decision was taken to the High Court by Rosegrove voters Michelle Pilling, Scott Atkinson, Susan McDevitt, and Ian Smith, with a petition claiming the result should be reviewed.

Mr Justice Tugendhat and Mr Justice Blake ruled that a disputed ballot paper - showing a diagonal mark in the wrong column of the ballot paper beside Coun Reynold's name - should be able to stand.

Coun Reynolds keeps his seat under the ruling, which also questioned the judge-ment of returning officer and Burnley Council chief executive Steve Rumbelow.

The judges ordered the quartet to pay £10,000 in legal costs run up by Coun Reynolds, and a further £20,000 incurred by Mr Rumbelow.

Outside court beaten BNP candidate Mr Rowe said: "I'm not sorry that we brought this case. I think it is good because it establishes what the law is. I don't want to be on bad terms with Mr Reynolds because a time may come when we will both be councillors, and that may be quite soon."

Mr Rowe would not comment on the prospects of an appeal until he had seen the detailed reasons for the judgement. The judges will give their reasons at a later date in writing.

Mr Rumbelow said after the case that the result had shown that his elections team was committed to ensure that "fair and transparent" processes were employed.

"In terms of the result, we're very pleased. It is a regret that this has taken nine months to resolve," he added.

Labour Party solicitor Gerald Shamash said the costs order would be enforced against the petitioners.

Simon Darby, BNP national media spokesman, said: "It is disappointing, but we have to accept the result.

"We think we won the seat. We have taken it as far as we can and we will be back campaigning in this ward again in May."

Earlier, Adrian Davies, barrister for the four petitioners, said the disputed vote was "void for uncertainty" and Mr Rowe should be declared the election winner.

He said the voter had not only failed to mark his ballot paper with a cross, but had put the diagonal line he did use in the wrong place.

But Guy Vassall-Adams, for Mr Reynolds, said the mark on the ballot paper showed "a clear intention" to vote for the Labour candidate.

John Cavanagh QC, for Mr Rumbelow, said his client's handling of the election could not be faulted.

Resolving the dispute, Mr Justice Tugendhat said: "This ballot paper is not void for uncertainty and it should be counted."

If the four petitioners do not pay the costs within a given period of time, they could run the risk of a county court action being launched against them.