A retired teacher who worked in a polling station at the centre of an election petition has said 15 or 16 extra ballot papers were issued after the official closing time on June 7th.
The Ulster Unionist Party chairman, Mr James Cooper, is requesting a by-election in the Westminster constituency of Fermanagh-South Tyrone, following his defeat by 53 votes and the election of Ms Michelle Gildernew of Sinn Fein.
Judgment was reserved yesterday by the Lord Chief Justice, Sir Robert Carswell, and Mr Justice McCollom in the Belfast High Court. They wished to study the evidence "carefully".
In evidence, Ms Fay Flanagan said a crowd in St Martin's polling station, Garrison, appeared "disgruntled" when the poll closed at 10 p.m. and they were unable to vote. There was a "tension" in the room.
She disagreed with the decision of presiding officer, Mr John McGovern, to give an extra 10 minutes voting, which drew a "delighted" response from the crowd.
"I was just exhausted and tired and anxious." She described Mr McGovern as being in "a worse state". He did not give evidence during the hearings for medical reasons.
Ms Flanagan estimated voting resumed at about 10.10 p.m. and lasted for seven or eight minutes. Asked to estimate the number of ballots issued during this period, she said: "Not very many, anyhow - I'd say 15 or 16."
Responding to Mr Arthur Harvey QC, counsel for Ms Gildernew, she agreed it was the busiest poll she had ever worked at due to two elections being held on the same day and the need to collect statistics.
"It all became too much for me and I couldn't deal with it any more." She left for home before the ballot boxes were closed.
Mr Declan Morgan QC, counsel for Mr Cooper, asked Ms Flanagan if she could score off several names a minute on the register, if working as fast as possible. She responded: "I don't know."
In final submissions, Mr Morgan said there was a "reasonable possibility" that ballot papers were issued over a cumulative 18 minutes after the official closing time. He stressed the evidence of two RUC officers that the issuing of ballots continued until 10.05 p.m. was reliable. The poll was then reopened for up to 13 minutes. "If the lordships are satisfied that Ms Flanagan could score out three names a minute, then in my respectful submission we succeed." Mr Nicholas Hanna QC, representing the Chief Electoral Officer, said the court could not be "remotely satisfied" that a substantial breach of electoral rules had occurred.
He said the RUC officers had looked at their wrist watches, not at the official clock on the wall. The extra period given by Mr McGovern amounted to no more than 10 minutes.
He stressed a large proportion of the estimated 40-50 people in the room were left without ballots at 10.23 when the poll closed.
The irregularities, "though much regretted", had not resulted in anything near to 53 ballots being cast.