Hearing into alleged voting irregularities in Saint John Harbour halted

There was a dramatic twist at a hearing on Wednesday into alleged voting irregularities in the riding of Saint John Harbour during this year’s provincial election.

Elections NB lawyer Fred McElman has called for the lawyer and law firm representing Progressive Conservative candidate Barry Ogden to be removed. Kelly VanBuskirk of the firm Lawson Creamer represents Ogden.

READ MORE: Recounts underway after razor-thin New Brunswick election

The motion revolves around a document VanBuskirk brought to the court’s attention at the beginning of the hearing.

VanBuskirk said portions of the document, details of which were not disclosed, are believed to be “highly probative” and were provided in a “sense of public duty but fear.” VanBuskirk argued the document was of extraordinary importance to the interest of the public and should be a matter of public record.

That said, Van Buskirk agreed with Justice Hugh McLellan, who is overseeing the case, that it’s possible the document is a “forgery meant to distract us.”

McElman argued strongly in favour of the document remaining privileged. He told the court the document was not an official report but nothing more than notes into which a further discussion would be held. He said it was prepared “at my explicit request” for use by the ENB solicitor.

McElman referred to the Code of Professional Conduct in saying VanBuskirk refused to disclose who gave him the document and how he came upon this “privileged information.”

“He sat on it,” McElman told the court and suggested the code of ethics was not followed.

Tweet This Click to share quote on Twitter: "He sat on it," McElman told the court and suggested the code of ethics was not followed.

WATCH: NB Election 2018: Saint John Harbour up for grabs

2:13 NB Election 2018: Saint John Harbour up for grabs

Ogden lost to Liberal Gerry Lowe by 10 votes in the tightest riding in the province. That result was upheld by an official recount in early October. A cloud has remained over the riding. Conservatives continue to challenge the results, alleging voting irregularities, among them that as many as 40 voter ID numbers were recorded twice.

The hearing on Wednesday was to hear from Patti Nason, a long time returning officer for Elections NB, but that has been postponed.

Ogden declined to comment on the current situation. Lowe says he just wants the matter over with, but admits the ongoing affair is weighing on him.

“I’m pretty sure nobody on my team did anything wrong,” Lowe said. “I don’t think it has anything to do with me, but naturally I’m involved because I guess I won the riding.”

Lawyers for both sides declined comment, but VanBuskirk asked the court for more time to respond to the motion to remove him and his firm from the case.

The matter is set to resume Friday at 9 a.m.