So, as you've heard, a significant element in the PUP's complaint against the San Pedro Municipal Election results is the manner in which Chief Elections Officer Josephine Tamai handled the San Pedro ballots after they were transferred to her from the public officers who oversaw the polling in the island town.
You'll remember attorney Eamon Courtenay saying that Tamai violated the law when she unsealed the ballots. They are supposed to remain under lock and key after they are sealed, and are only to be touched by an order of the court.
Well, Courtenay says that in her testimony, during cross-examination, she admitted that she unsealed the ballot documents and counted them in the presence of another public officer, which she wasn't supposed to do. You'll remember that a few days later, the Chief Elections Officer granted an interview to 7News stating that this claim is false.
So, since a determination on her actions could drastically swing the outcome of this case, we have her comments, as well as those of Courtenay responding to her today:
File: May 18, 2018
Josephine Tamai - Chief Elections Officer
"The information that is being circulated in the media in terms of myself Josephine Tamai as the chief elections officer counting ballots after San Pedro elections is totally false. It's a lie. I have never opened any envelope to count any ballots that were used in the San Pedro elections and I just want the persons to know that because like I said you keep hearing different side of the stories and I believe that I must clear my name. I have been the chief elections officer for some time now and I have conducted several elections and I know what is my duty and what is my role."
Eamon Courtenay, SC - Attorney for the PUP
"I saw what she is supposed to have said, and I think she- one of two things happened there. 1, either she forgot what she said on the witness stand, and we have the transcript to prove it, or secondly, she has been told that she needs to change her tune. You see, it's interesting when you go back to the 8th of March - and I encourage the press and go to look at her press release. Right there is where it is all revealed. She issued a press release and says, listen, the official results are not out, and they won't become official until Miss Cumberbatch brings them to me, and the Chief Elections Officer will verify the results. That is exactly what she testified to here. She testified that when Miss Cumberbatch brought the things to her, she and Mr. Zuniga counted. Later on in her cross examination, she tried to change, and said, oh, well I only counted the unused ballots. It's irrelevant. She should never, ever, have opened those envelopes. It is a violation of law. It undermines the integrity of the elections, and we are asking the Chief Justice to condemn it, reject it, and to say that the election should be voided."
We've also seen a copy of the court transcript, which we will quote from for you to decide how this one actually played out 2 weeks ago in court, under oath.
Tamai was asked, "The returning Officer is required to account for every ballot, used or unused?"
She answered, "Yes."
She was asked, "You told the court you counted the ballots?"
She responded, "I didn't count each one. Myself and Mr. Zuniga counted the ballots."
She was then asked, "Who from the PUP was present?"
She responded, "Nobody was present. Those were checked when Ms. Cumberbatch brought them. No one from PUP or UDP was Present. It was internal."
She was then asked, "When you received the envelope with the ballots, you and Mr. Zuniga counted them where?"
She responded, "At my office. What was checked was the unused ballots, not the used ballots, which are used to determine the outcome of the election."
These comments were mentioned in today's closing arguments, and the Chief Justice will determine what to make of them, and how they impact the case.
He has reserved judgment for a date to be announced, sometime within 2 weeks.
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