Rex Patrick drops legal challenge to Adelaide Council Council Lord Mayoral vote, but court hears of ‘illegal practises’ in Central Ward vote

A former senator has dropped his legal challenge to the Lord Mayoral vote – but a court has heard “illegal practices” saw a councillor lose his seat.

Former senator Rex Patrick has dropped his challenge to the Adelaide Lord Mayoral election – but a court has heard a “significant majority” of ballot papers affected by “illegal practices” saw a sitting councillor lose his seat.

In the Court of Disputed Returns on Wednesday, counsel for Mr Patrick announced they were withdrawing their petition to have last year’s Lord Mayoral election undergo a recount.

They told the court that decision was based on new information from the Electoral Commissioner – documentation that might serve to bolster former councillor Alex Hyde’s challenge to the vote.

“We have this morning, around 10am, received a report from the commissioner which identifies the contents of the ballot papers that were excluded during the election,” Mr Patrick’s barrister said.

“These are ballots that the commissioner himself felt were affected by illegal practices.

Former councillor Alexander Hyde. Picture: Matt Turner.

“The effect is that those ballots tended, in a significant majority of cases, to favour Jing Li over Mr Hyde in the Central Ward.

“But to the extent that any pattern can be discerned in relation to the Lord Mayoral vote, there is nothing to suggest that the ballots showed any illegal practices systematically favouring Jane Lomax-Smith as against Mr Patrick.

“In those circumstances, I’m instructed that Mr Patrick wishes to discontinue his petition.”

Mr Patrick, a former Senator, and Mr Hyde, a former councillor, filed separate cases with the Court of Disputed Returns but asked their matters be heard together.

Mr Patrick, who lost to Ms Lomax-Smith by 52 votes, has claimed “illegal practices” during the election meant “no one” could be confident its result “reflects the will of the people”.

Mr Hyde, meanwhile, has claimed his loss was due to opponents offering jobs to people who “obtained the most enrolments”, resulting in “illegitimate votes”.

Former SA Senator Rex Patrick has dropped his legal challenge to the Lord Mayoral vote. Picture Matt Turner.

On Wednesday, counsel for Mr Hyde said their client intended to continue with his case

Counsel for Mr Li said they were unaware of the newly-provided information.

“My client has no knowledge of the factual matters raised in the Rex Patrick matter, that is all news to me,” he said.

“I would have thought that information ought to be provided to those instructing me by the commissioner.”

The court permitted Mr Patrick to withdraw his challenge and did not order he pay costs, and adjourned Mr Hyde’s case for two weeks.

Outside court, Mr Patrick told The Advertiser he had called Dr Lomax-Smith immediately after receiving the new information and let her know he was dropping the case.

“I have wished her luck moving forward for the rest of her term,: he said.

“This action was based on dealing with corruption in our local elections, it was never directed at Jane, who was very professional in her approach to the election campaign.

“Of course we need to make sure that our elections reflect the will of the electorate.”

He said the new information had ended his case but “that’s not the case for the Central Ward”, and said Mr Hyde would pursue his application “with a renewed confidence”.