IF THERE IS ONE LESSON to be learnt from Rommell Marshall's failed election petition it is that candidates should be at their counting centres throughout election night.

This was one of the observations made by Acting Chief Justice Frederick Waterman, who was one of three judges hearing the petition in the Court of Appeal Monday and yesterday.

"This is going to teach a lot of candidates, in the future, that they should be present at the counting centres and mind their own shop because something slipped here," said Acting Chief Justice Waterman.

His comments came as attorneys for winning candidate James Paul and Marshall argued about what time Marshall and his election agent Everton Downes made their request for a recount.

During the counting of ballots at the Lawrence T. Gay counting centre on January 15, 2008, Marshall was absent while Downes was there.

Affidavits sworn by Downes said that after agents for all the candidates agreed that Marshall had the most ballots, he called Marshall on a cellphone and informed him of the result.

However, when "someone" said the result would go the other way, Downes said he immediately asked for a recount.

He then called Marshall when returning officer Leonard Walters was about to declare the constituency and both of them heard Walters declare James Paul to be the duly elected representative.