The court ruled that presiding officer Veronica John, right, was wrong to refuse to take the ballot of voter Deryck Smart, left, amidst and allegation that he took a photo inside the polling station. (iWN photos)

The presiding officer who refused to accept a voter’s ballot on the basis of an allegation that he had taken a photo of it, told the court on Tuesday that she did not see the man take a photograph.

Veronica John, the presiding officer at polling station NWI in North Windward said she heard a click coming “from the camera” and a saw a flash during the Dec. 9, 2015 poll.

She told the court that a police officer was present and asked the voter, Deryck Smart to delete the photo but Smart denied having taken one.

John further told the court that while Smart had denied taking the photos, he had   accepted that there was the flash.

However, Keith Scotland, lead counsel for the petitioner, Lauron “Sharer” Baptiste, noted to John that she did not say in her witness statement that Smart had accepted that there was a flash.

She told the court that she did not say that because she did not remember it at the time.

John said she remembered after hearing Smart testify a few days earlier.

Smart was cross examined last week Wednesday, Feb. 13, and denied taking a photograph. 

Baptiste, the main opposition New Democratic Party’s candidate in North Windward has brought the petition, challenging the announced victory of the Unity Labour Party’s Montgomery Daniel in that constituency.

Acting High Court judge, justice Stanley John said he could give a ruling by the end of March.