Fermanagh/South Tyrone election result challenge fails
A legal challenge against the election of Sinn Fein MP Michelle Gildernew in the Fermanagh and South Tyrone constituency has been rejected.
The case was brought by the unionist unity candidate Rodney Connor who lost by four votes after three recounts.
The Lord Chief Justice found that while there were some issues with how the counts were conducted, none would have produced a different result.
Mr Connor argued there had been breaches of election rules.
Following a three-day hearing in Dungannon last month, the number of disputed ballots was found to be three.
Delivering judgement at the High Court in Belfast on Friday Lord Chief Justice Sir Declan Morgan pointed out that three extra votes remained unaccounted for.
However, he said: “Even if those votes were introduced in breach of the rules and if they had all been counted in favour of the first respondent their exclusion would still have given the first respondent (Ms Gildernew) a majority of one vote and the result would not have been affected.
“We therefore determine that Michelle Gildernew was duly elected as Member of Parliament for the constituency of Fermanagh and South Tyrone and shall certify our determination to the Speaker of the House of Commons accordingly.”
The election in May was the first time in Northern Ireland that counting of the votes took place overnight immediately after the close of polls.
