Wollongong MP Noreen Hay has met her first hurdle in a Supreme Court challenge brought by independent Gordon Bradbery over her narrow state election win.Mr Bradbery launched the bid last month after several unresolved incidents on polling day, including the discovery of 800 fraudulent Liberal how-to-vote cards, the placing of allegedly unauthorised posters and claims of people "double voting".In the Court of Disputed Returns yesterday, Acting Justice Michael Grove ruled Ms Hay be added as a respondent to Mr Bradbery's petition against the March poll result, in line with court rules.
How the vote tampering scandal unfoldedLawyers appearing for Ms Hay had argued against the MP's inclusion on technical grounds.The ruling means Ms Hay is likely to be represented at all future court proceedings.The incumbent, who snatched victory by 682 votes, has sought to distance herself from the controversy and denies any wrongdoing.Yesterday, she told the Mercury: "As far as I'm concerned I was elected fair and square and I'm just getting on with representing the people of Wollongong."The matter has been set down for further directions on Monday.An early hearing date is expected due to the level of public interest in resolving the dispute.Ms Hay is being represented by leading Sydney silk Bruce McClintock, SC, who recently defended the Nine Network in a defamation case involving the latest Underbelly series.Illawarra barrister Jane Healey and Access Law Group's David Swan are working pro bono to assist Mr Bradbery, who is on an overseas holiday.They must prove that a wrongdoing occurred and that it affected the election result.The court has the power to declare that a candidate was not duly elected and that the election result is void.The NSW Electoral Commissioner is the second respondent and is being represented by barrister Michael Izzo. Mr Izzo is also acting for the commission in the case brought by former One Nation leader and failed upper house candidate Pauline Hanson.Mr Bradbery's legal team will demand access to Electoral Commission records to identify any fraudulent voting patterns and seek information on how many voters cast more than one ballot.Around 800 fraudulent how-to-vote cards were found on polling day, allegedly hidden among Labor's campaign material at the Farmborough Rd booth.It is believed some cards were handed out to voters. The cards falsely directed Liberal voters to give their second preferences to incumbent Labor MP Noreen Hay.The Electoral Commission has confirmed ALP workers were instructed to stop handing out the material.The Greens have also lodged a complaint over ALP posters put up on and before polling day telling people to "Just Vote 1".It claimed the posters did not display Labor Party branding and could have been mistaken as an official directive from electoral authorities.The ALP contends that all its material displayed at polling booths carried the Labor logo.
