DUP wins latest battle in election challenge

The High Court in Belfast has granted permission to the DUP to launch a legal challenge to the election of First Minister David Trimble last week.

DUP members Peter Robinson and Nigel Dodds are seeking a restraining order on Mr Trimble, a judicial declaration that his election was illegal and a ruling that all the decisions he is currently taking are unlawful.

The DUP has argued that Mr Trimble’s re-election last Tuesday was illegal because the deadline for the dissolution of the Assembly had passed three days previously.

The High Court has already granted permission for the DUP to seek a judicial review of Northern Secretary John Reid’s decision not to call fresh Assembly elections, even though the deadline for doing so passed at midnight on November 3.

Dr Reid has argued that the re-election of Mr Trimble annulled the need for early elections. He added that they will go ahead in May 2003 when the term of the current Executive expires.

November 3 was the legal deadline for the election of a new First Minister because it was exactly six weeks after the Assembly was reinstated following a 24-hour suspension.

Once this six-week period expired, Dr Reid was under a legal obligation to call fresh elections so the public could choose a new administration.

However, the existing Assembly continued to conduct business and Mr Trimble was re-elected on November 6.

Because this is three days after the deadline, the DUP believes Mr Trimble is unlawfully presiding over the Assembly.

The High Court in Belfast has now told the DUP that if it wants to challenge Mr Trimble’s re-election, it must combine the challenge with the action it has already instigated against Dr Reid.