Jul 16, 2020 News
– AG’s request for Order to stay GECOM’s proceedings denied
Chief Justice (Ag) Roxane George –Wiltshire is scheduled to hear on Friday, oral arguments in a case filed to compel the Guyana Elections Commission (GECOM) to set aside the recount figures in relation to the March 2, 2020 General and Regional Elections.
The case was filed by Misenga Jones, a registered voter and supporter of the Granger administration. Jones is seeking orders from the High Court for the declaration of the elections results to be made based on the disputed figures of Chief Elections Officer (CEO), Keith Lowenfield.
On more than three occasions, Lowenfield refused to comply with the instruction of Justice (retired) Claudette Singh, the Chair of GECOM, to present the Commission with the report based on the recount figures. The outcome of the national recount shows a victory for the PPP/C over the incumbent A Partnership for National Unity +Alliance For Change (APNU+AFC). More recently, a ruling by the Caribbean Court of Justice (CCJ) categorically stated that the Chief Elections Officer should submit a report in accordance with a June 16 order made by Singh, for the recount figures to be submitted. That ruling by the CCJ was not honoured by Lowenfield.
In a 40-page application filed in the High Court on Tuesday, Jones is asking the Court, inter alia, for several declarations to force GECOM to rely on nothing but a report based on the March 13 district declarations as the basis on which a final election declaration is made. That report includes the fraudulent March 13 declarations made by Region Four Returning Officer, Clairmont Mingo.
Trinidadian Senior Counsel, John Jeremie; Attorneys- at –law, Mayo Roberston and Roysdale Forde appeared for Jones in the matter.
During the Case Management Conference hearing for the matter held yesterday, Justice George -Wiltshire told the parties that several issues are to be considered. Chief among them she said is for consideration to be made on the issue of whether the High Court has jurisdiction to hear the case.
The CJ also gave several undertakings for all submissions to be in by Friday morning. She said that each submission should be no more than 10 pages.
For the oral presentation of the hearing set for 2:00 pm on Friday afternoon, the Judge said the lawyer representing each party will be granted 15 minutes to address the Court. She noted that the time restrictions are given for all parties in the case to have an opportunity to address the Court “in the interest of justice and fairness.”
With no objection to political parties being named as respondents, the CJ added to the matter, Trinidadian Senior Counsel, Douglas Mendes; Guyanese lawyers, Devindra Kissoon and Anil Nandlall for the PPP/C; Senior Counsel, Ralph Ramkarran for the Liberty and Justice Party, (LJP); Kamal Ramkarran for A New United Guyana (ANUG); Lawyers Sanjeev Datadin, Stephen Singh and Jameela Alli for the United Republican Party (URP); Attorney Kashir Khan who will appear in association with Mohamed Khan for The Citizen Initiative and Change Guyana; and Attorney, Timothy Jonas for The New Movement (TNM).
Also on record for the respondents in the matter are Attorney, Neil Boston S.C for the Chief Elections Officer, Keith Lowenfield; Attorney -at -law, Kim Kyte-Thomas who is appearing for GECOM’s Chairperson, retired Justice Claudette Singh; and Attorney General, Basil Williams S.C who will appear for himself alongside Attorney, Maxwell Edwards .
At one point of the hearing, Edwards sought for an order from the Court to have GECOM maintain its status quo until the matter is heard.
However, Attorneys Jonas and Mendes raised concerns over the request for orders by the lawyer for the Attorney General given that he is listed as a respondent in the case.
Mendes noted that it is improper for Williams’ lawyer to make such a request since as Attorney General, he should be neutral party in the matter.
“It is improper for the Attorney General to be seeking that relief as a respondent in the application when the actual applicant has not made any such request whatsoever,” Mendes pointed out.
In attempt to defend his position, Williams told the Court that he is acting in his capacity as a custodian of Guyana’s constitution- the nation’s Supreme law.
He noted the Attorney General didn’t apply to enter to this case but was added in the proceeding as a respondent hence he is allowed to make the request.
However, Attorney for the GECOM Chair, Kyte-Thomas told the court that there is no need for the order since her client has always and will always be mindful of maintaining the status quo of GECOM in light of any ongoing court proceeding.
Kyte -Thomas said that Justice Singh will wait for the hearing and determination of the matter before any action is taken towards making the final elections declarations.
With the foregoing in mind, the CJ noted that there was no need for the Court to give any orders. She said too that the Court will resume hearing the matter at 2:00 pm on Friday. The hearing is expected to be live streamed via Supreme Court’s channel.
This is now the third court case filed to stop the election declaration based on the recount figures.