The Opposition has lost a legal bid to change the venue of the polling station for the by-election in Sandys North tomorrow.

The One Bermuda Alliance filed an application for a judicial review before Larry Mussenden, the Chief Justice, yesterday afternoon.

Polling will take place at the Allen Temple African Methodist Episcopal Church Hall in Sandys.

The Progressive Labour Party candidate in the election, the Reverend Emily Gail Dill, is a minister at the church, while her husband is the pastor.

The couple’s registered address is a home on the grounds of the church property.

Opposition leader Jarion Richardson had claimed that the criteria for a free and fair election could not be met when an electoral candidate had a close connection to the polling venue.

He had previously written to the Governor, Rena Lalgie, asking for the venue to be switched. Ms Lalgie replied that she did not have the authority to do so.

In court yesterday, attorney Henry Tucker, representing Mr Richardson and party candidate Carl Neblett, cited legislation that ruled that elections must be held at venues that were neutral and did not sell liquor.

Mr Tucker speculated that voters might be reluctant to vote against their pastor if the vote was being held on church grounds.

He said: “The neutrality argument is not met. There is a link between the location and one of the positions on the ballot.”

He said that it was important for all four candidates that the election process was fair, and appeared to be fair.

In addition to Dr Dill and Mr Neblett, the seat will be contested by Free Democratic Movement leader Marc Bean and independent candidate Cire Bean.

Mr Tucker said: “It is important because whoever prevails will have the benefit of standing without any question mark over the process by which they were elected.”

The venue of the polling station was confirmed by Tenia Woolridge, the Parliamentary Registrar, at the end of August — a week before Dr Dill was unveiled as the ruling party’s candidate.

Mr Tucker requested that Ms Woolridge be asked to find a new location for the polling station to be held, claiming that the task would be difficult but not impossible.

He accepted that this was the first instance where a request had been made to relocate a polling station, but added: “To take the position that it can never be quashed is incompatible with the Constitution.”

For the Attorney-General, Shakira Dill-Francois, the Solicitor-General, argued that the church hall was some distance from the church itself.

She added: “The church has no involvement in the matter.”

Ms Dill-Francois also said it would be difficult for the Parliamentary Registrar to find another suitable location just two days before the poll, and pointed out that all parties had known about the venue for more than a month.

After the two-hour hearing, Mr Mussenden adjourned proceedings for 30 minutes before delivering his ruling.

When he returned, he said: “My decision is I am not satisfied to grant the application for judicial review as filed by the applicants.”

He added that he would issue the reasons for his decision to both counsel in writing later today.

Last night Mr Richardson said: “We note the court’s decision in respect of our application for judicial review concerning the polling station for Sandys North by-election.

“We await the judge’s reasons, which we understand will be handed down at some point tomorrow.”

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