A court challenge against the election of Sinn Féin MP Michelle Gildernew in the Fermanagh and South Tyrone constituency was rejected today.
Defeated Unionist unity candidate Rodney Connor disputed the republican’s four vote win which was declared after three recounts.
But Northern Ireland’s Lord Chief Justice Declan Morgan, ruling in Belfast’s high court, today found that while there were some issues with how the counts were conducted none would have produced a different result.
Outside the court an emotional Mrs Gildernew welcomed the outcome.
“I am very pleased and delighted at the result this morning,” she said.
“I’m glad it’s over, I have to say. And while I’ve been carrying on my work as MP for Fermanagh and South Tyrone it’s good to have this out of the way.”
The action was the second time Mrs Gildernew, who along with her Sinn Féin colleagues abstains from taking her seat at Westminster, faced a legal challenge over an election win.
A High Court bid by defeated Ulster Unionist candidate James Cooper in the 2001 general election was also dismissed.
Mr Connor, who ran as an independent unionist with the backing of the Democratic Unionists and Ulster Unionists, said he was disappointed by the result but claimed the verdict vindicated his decision to take the challenge.
“It identified clearly that we were right to take the action that we have taken, the judge was very clear to identify the extremely inappropriate actions of the Electoral Office.
“I must say as well, for all the people who voted for me and supported me all through the election campaign, it’s most unfortunate that they will still be unrepresented at a time like this at Westminster when we really need to be represented.”
While overjoyed at the judgment, Mrs Gildernew expressed anger that court costs were not awarded to her.
She added: “It is high time that political unionism accepted the democratic will of the people.
“They have elected me as their MP at the last three elections and I am immensely proud and honoured to represent all the people of the constituency.
“Today’s verdict is an endorsement of my election victory and I am sorry that, due to the intransigence of unionism in the constituency and beyond, it had to come to this case being brought before the court.
“It is now time to move on, it is time that they accepted the political realities of 2010 — they no longer operate within an orange state, it is gone.”
PA