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The Oakville Beaver, Wednesday February 4, 2004 -AS Recount would be binding (C ontinued from page A 1 ) Io w i o l Rust-D'Eye advised that the deadline is imposed under the Municipal Elections Act - a statute over which the court has no authority. Councillors heard such a move would cost a mini mum $10,00() in legal fees, may be complex enough to raise a red flag with Ontario's Attorney-General and would likely be dismissed by the court. Robinson took issue with much of Rust-D'Eye's advice, including that a bid for Council to order a recount, would be a reconsideration of Council's Dec. 1 5 decision. Robinson argued Council had never " It appears he's trying voted publicly not to do a recount. Rust- very hard to find some D'Eye said that by issues on which he can voting to defend itself attack this election." on the deadline to · George Rust-D'Eye order a recount. Council had chosen not to opt for a recount. The only way a recount can now be done is if it is ordered by the court, he said. Town Council voted Monday to broach the idea of settling Burton's court challenge based on an electronic recount.That was done after Rust-D'Eye explained that the latest moves by Burton would serve to escalate legal costs and extend the court hearing. "What's the bill been to date?" asked Adams. Town Manager Joann Chechalk had no definite answer, but admitted, " It would be fair to say they'd be substantial." Rust-D'Eye told Council that Burton's second affi davit filed last week was from a political science pro fessor at MIT in the U.S. who reviewed six unnamed New Hampshire election races in 2000 comparing results of machine-counted and hand-counted votes. Rust-D'Eye said the affidavit concludes the results were different and there were discrepancies. " It's not proper reply evidence. It's as .if Mr. Burton has adopted an entirely new tact," said Rust-D'Eye. calling the affidavit "extremely hearsay." "It purports to answer the very question before the couil." The lawyer also noted that Burton's lawyers intend to cross-examine all witnesses, including assistant Town Clerk Dwight Turner who made allegations about irregularities in vote counting, but did not file an affidavit in Burton's application. "We question the tactics of cross-examining Mr. Turner when Mr. Burton has not filed an affidavit from him. He'll be cross-examining his own witness and we will be there to cross-examine Mr. Turner, too," said Rust-D'Eye." It seems a desperate attempt to shore up the case," said Rust-D'Eye who billed the Town's case as "extremely strong." Burton's latest moves will "muddy the waters" said Rust-D'Eye, telling Council it will serve to lengthen cross-examination, the hearing itself, and legal costs. Council had a report in hand Monday from the company whose electronic optical scanners were used to count votes in Oakville. The report stated the machines were designed to meet the U.S. Federal Elections' Commission Standards requiring all vote tabulator error readings to meet an error rate equal to or less than one error in 1 million. Rust-D'Eye said the new affidavit filed by Burton appears to question the credibility of the optical scanners. " It seems to have shifted from the original attack. It appears he's trying very hard to find some issues on which he can attack this election." said Rust-D'Eye. Ward 3 Councillor Chris Stoate asked Rust-D'Eye if the latest moves were to "create a smell that will linger until the next election." " It appears that way based on the evidence present ed," responded Rust-D'Eye. adding. "We will be taking that up with the judge who will be hearing the matter." Rust-D'Eye told Council, an electronic recount must now be ordered by the court, " it can't be done uni laterally by Council." The lawyer also advised against, and Council voted down a request from Adams, for a manual recount since Rust-D'Eye said, "The court has to be satisfied of sub stantial irregularities before a court would order a man ual recount. That would be good criteria for the Town to follow." Rust-D'Eye called a manual recount, "a fairly extreme solution" and said that if ballots were designed to be counted electronically, a manual recount would change the ground rules of the election, as such would affect the public interest, and could be " an artificial way of bringing about a different count." Ward 6 Councillor Janice Wright asked Rust-D'Eye if moves to have Council seek court's approval to allow the Town to order a recount was " a time-wasting, money-wasting activity." Rust-D'Eye said. "Yes." Lansdown. however, said if he had Monday's infor mation about the voting machine accuracy, he would have voted differently on Dec. 15. Ward 2 Councillor Fred Oliver, who voted against seeking a settlement, said Burton's application has sug gested the election was mishandled, had made allega tions about Town staff and asked if it " There are three sides wouldn't be best for to every Story, the both sides to present court. "There are three · Ward 2 Councillor sides to every story, Fred Oliver the accuser's, the accused's, and the facts," said Oliver. Ward 5 Councillor Jeff Knoll asked if Burton had ever approached the Town to request a recount. He heard that Burton's only communication on the subject was the court application. Rust-D'Eye suggested the Town could attempt to seek substantial costs against Burton. Burton's applica tion seeks the Town pay his legal costs. Council agreed to ask for a settlement and if all par ties agree, all parties would waive blame of legal costs. Ward 3 Councillor Keith Bird said there was a court of public opinion and a judicial court and said Burton's allegations have meant "some people have been tried through the court of public opinion." "This brings us back together where we haven't always been since the election," said Robinson. Wright agreed, saying, " From where we entered into this, we've come a long way and we've come together." O oo-La-La! CHARLES A U STIN ·S H O E S * 232 Lakcshore Road East, Oakville 905-845-5582 50%off Laser Hair Removal* We also offer Multiple Laser & IPL Systems for: · Photo-rejuvenation · Removal of age/liver spots · Facial Flushing (Rosacea) · Broken Capillaries · Hemangiomas · Skin Tags, Freckles · Minor Sun Dam age · Port Wine Stains · Fine Wrinkles · Flat Birth Marks · Hyper-Pigmentation D r. Sharif T adros, M .D , Director of Medical Services · V jMo c lyo nl« irtJlw! ton < w ctrtea re* b o d yto toeslin gdels tip fti 2 9W accuser's, the accused's their case ,n open and the facts. 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