Final arguments are being made in the matter of alleged voter irregularities in the riding of Saint John Harbour on Wednesday.
Lawyers for PC Candidate Barry Ogden say there were 71 irregularities in the September 24th election and are asking the court to set aside the results.
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Liberal Gerry Lowe took the riding by a mere ten votes which was confirmed in a recount. Lowe’s lawyer Tom O’Neil told the court there is no evidence to support procedures not being followed.
The court did hear Wednesday that eight non-residents of Saint John Harbour voted in the riding, but Lowe’s team argued there was no evidence procedures weren’t followed, suggesting it was an honest mistake.
Lawyers for Elections New Brunswick made a brief submission during final arguments. Lawyer Fred McElman said ENB was not staking an opinion on whether the application to set aside the election results should be granted or not.
WATCH: Investigation into alleged Saint John Harbour voter irregularities drags on
McElman said it must be determined on the balance of probability that there was an irregularity and whether it impacted the outcome.
The case has been ongoing for nine months, with Justice Hugh McLellan to make the decision.