The Belfast High Court has been told that a Co Fermanagh polling station was reopened after closing when Sinn Fein representatives urged the presiding officer to issue ballot papers to waiting voters.
There was a "complete breakdown" of order at St Martin's primary school in Garrison on the night of June 7th, Mr Declan Morgan SC, for Mr James Cooper, claimed yesterday.
Mr Cooper, the UUP chairman, is requesting a by-election for the Fermanagh-South Tyrone Westminster constituency following his defeat by 53 votes and the election of Ms Michelle Gildernew of Sinn Fein.
The court was told Mr John McGovern, presiding officer at the polling station, was unable to attend the hearing due to medical reasons.
One of two polling clerks, Mr Andrew Halliwell, gave evidence the polling station was closed at 10 p.m. and reopened a short time later after Mr McGovern said: "We'll give them their extra 10 minutes." He said Mr McGovern was "quite flustered" and the situation was "tense". Mr Halliwell said he believed 15 to 20 votes were processed during the extra period.
When asked if he was aware it was illegal to issue ballot papers after 10 p.m., Mr Halliwell replied: "Obviously I was aware it was in contradiction of the guidance we had been given in our documentation." Earlier, Mr Morgan told the court that the single line of around 50 people filing into the classroom became "three to four deep" as the 10 p.m. closing time approached.
Two RUC officers present in the polling station gave evidence they were not instructed by Mr McGovern to close the room until 10.05 p.m.
Mr Morgan said that as efforts were made to close the door, Mr Martin McGovern, a Sinn Fein electoral agent, prevented it and people "spilled" into the room until it was "packed". It was a "scene of mayhem and chaos".
According to Mr Morgan, Mr John McGovern, who was "under pressure and under threat", left to telephone the electoral office in Omagh, and an official told him not to issue any more ballot papers.
However, he was then confronted by Mr McGovern, a second Sinn Fein electoral agent, Ms Grainne Timoney and a Sinn Fein council candidate, Mr Stephen Huggat, who told him to reopen the poll. Mr John McGovern subsequently announced to the crowd that the poll would reopen.
"There were shouts and whips and much clapping of hands," said Mr Morgan, who added there was no evidence that any ballots were issued between 10.05 and this announcement. The pressure on Mr McGovern was such that he reopened the poll despite the "clearest of advice that it was unlawful".
The issuing of ballots stopped when an RUC officer called the Omagh office at 10.23 p.m. to advise them of the fact that polling had restarted. An official asked to speak again to Mr McGovern and after this call Mr McGovern announced the poll was closed.
Before Mr McGovern returned, one of the polling clerks, Ms Faith Flanagan, left the table and said she was going home. The only person at the table was Mr Halliwell, "who was trying to keep an eye on everything," said Mr Morgan.
Two Sinn Fein representatives spoke to the Omagh official on the phone before one relayed to the crowd that the poll was closed and the crowd dispersed.
The hearing continues.