Options open in deadlock over Metn poll
Series of legal errors continues saga Zeina Abu Rizk
Daily Star staff
In the wake of the Metn by-elections, it is still unclear
what direction the results will bring the country, while attempts are currently under way
to work out a judicial exit strategy from the prevailing status quo sparked by a series
of legal errors committed in recent days.
But in any case, a final solution is likely to take several days before being brought to
the fore, as all options remain on the table.
If no conclusion is immediately forthcoming, the issue is expected to be ironed out once
and for all during Cabinets session next week.
But Fridays polemic focused on the difficulty to once and for all proclaim a
decision concerning the elections results, with Gabriel Murr as the battles
political winner and Myrna Murr as the legal victor, according to
official sources.
Meanwhile, as appears to be the case in Damascus, local authorities seem determined to
avoid further turmoil.
The countrys top leaders favored the proclamation of the political
winner, considering this to be the only way out of a dangerous deadlock.
The sources explained that, as submitted to the Interior Ministry last Tuesday, the Higher
Vote Counting Committees report presented Myrna Murr as the official winner.
Regardless of whether or not this committee had previously informed Metn MP Nassib Lahoud
that his candidate, Gabriel Murr, was the actual winner as Lahoud has maintained in
recent days the committees final report, which is irrevocable unless challenged,
came in favor of Myrna Murr.
Subsequently, and in accordance with the law, Interior Minister Elias Murr had no
prerogatives to modify this decision himself, even after finding an inconsistency in
counting ballots in the Qaaqour polling station.
His role as a minister was to announce the committees final decision, leaving the
door open for challenges before the Constitutional Council at a later date.
Therefore, even if the authorities appeared inclined Friday to go along with proclaiming a
final decision in favor of the political winner, a judicial obstacle has thus
far prevented them from doing so.
The Higher Vote Counting Committee is not entitled by law to issue a new decision
contradicting its previous report which is considered final, and ballot counting errors
can only be referred to the Constitutional Council and settled through a challenge.
To end this judicial deadlock, a judicial way out is needed, which is currently being
examined by the relevant authorities.
A political source familiar with the issue said one way to break the vicious circle could
be to consider that Elias Murrs news conference did not cons-
titute an official proclamation of Gabriel Murrs victory.
In his news conference, Murr remained evasive, saying that with the mistake found in the
Qaaqour polling station, the final results would be to Gabriel Murrs advantage.
In the absence of an official announcement of the elections winner, the Higher Vote
Counting Committee is authorized to modify its report, which is only considered final once
proclaimed irrevocably by the minister.
In addition to the judicial difficulty that has surfaced following Elias Murrs news
conference, a series of previous judicial mistakes had reportedly been committed.
According to the opposition, judge Nora Majdalani, who presided over one of the four
sub-committees in charge of the vote counting process, was not entitled to cancel a whole
polling station the Hemalay polling station on the basis of irregularities found in
one or several ballots.
Only these specific votes should have been cancelled, opposition members have argued.
But the authorities have maintained Majdalani asked for the cancellation of the entire
polling station due to several errors, adding that her decision had not been contested
even by the candidates delegates present in the sub-committee.
The authorities claim that regardless of whether or not Majdalanis move was legal,
the Higher Vote Counting Committee presided over by judge Elias Abu Nassif had no
authority to contradict Majdalanis decision and consider valid a polling station
that had been eliminated by one of its sub-committees.
Therefore, and even if Abu Nassif had verbally or officially announced to Nassib
Lahoud the victory of Gabriel Murr, the move of the higher committees president
could not be considered legal.
Amid all these contradictions, the end game in the Metn by-elections remains uncertain.
But whoever prevails in the end will inevitably spark a challenge from the other side, one
which could reverse the situation even after an official proclamation of the Metn results.
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