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Three Labour councillors accused of benefiting from "widespread" corruption of postal ballots during last year’s local elections walked out of a High Court inquiry into the allegations today.
The unexpected exit of Shafaq Ahmed, Shah Jahan and Ayaz Khan came seconds before the start of the two-week hearing at the Birmingham and Midlands Institute.
The court is examining claims that the Labour candidates and their agents in Birmingham’s Bordesley Green ward were involved in "grossly improper" fraud at the June 10 poll.
Richard Mawrey QC, the deputy High Court judge who is presiding over the hearing in the institute's Lyttelton Theatre, said he regretted that the respondents had decided to walk out, but acknowledged that they could not be compelled to attend or to give evidence.
The councillors left the building with their solicitor after the judge rejected an application for an adjournment to allow them further time to prepare their case.
Dismissing their plea, the judge stressed that it was vital to establish as quickly as possible whether or not any fraud had been perpetrated. The judge said: "If the allegations are correct, then there are serious problems with the current system of postal voting.
"If they are correct then the current system is wide open to massive and serious fraud. If that’s the case then it’s clearly essential that that is known well before any General Election... so that steps can be taken to safeguard against such fraud."
Graham Brodie, a barrister representing members of the public who have made the allegations of fraud, said that every democracy relied upon a fair electoral process.
The lawyer continued: "The principal allegation made by the petitioners is that the three Labour Party candidates are, together with their agents, responsible for widespread corruption and illegal conduct in relation to the election.
"It was so extensive that it may reasonably be supposed to have affected the result."
Mr Brodie estimated that up to 1,500 postal votes in Bordesley Green had been cast with signatures on the ballot paper which differed from those on the original application form.
"They (those involved in the alleged fraud) procured large numbers of unused postal ballot documents, which they then completed in the names of persons who were entitled to a vote, but had no idea that postal votes were being cast by others in their names," Mr Brodie said.
The petitioners, all members of the People’s Justice Party, also claim that the city’s Returning Officer failed to discharge her duties under electoral law.
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