Dear Editor 

“A lie doesn’t become truth, wrong doing doesn’t become right and evil doesn’t become good just because it is accepted by a majority,” Booker T Washington. 

THE most recent interview with the former attorney general Mr. A nil Nandlall with Travis Chase, where he did not appear to be intoxicated and sleepy as was the case with the CCJ’s live Zoom meeting, blatantly attempted to hoodwink and bamboozle the viewership whom he apparently believes are not of his ilk. 

He posited that, the law can only mean valid votes; the law can never contemplate a government being elected, or a President being elected by the utilisation of invalid votes. 

“So if the law says a party that wins the most votes at an election shall form the next government, obviously my brother it can’t mean more invalid votes, it must only mean more valid votes.”

His utterances in this regard were to give the impression that the final tabulation of the national recount with showed the PPP/C with the majority of votes is a reflection of only valid votes. 

This was absolutely not the case here, when the tabulation process was stopped because the votes ( 11600-plus votes) in the 47 boxes,; that were discovered with no statutory documents to give legitimacy and validity to the ballots being tabulated in the final count, was a matter of concern for the coalition.

The commission, despite the coalition’s objections, made a decision to incorporate those said invalid votes into the tabulation to complete the process, along with other questionable ballots. 

It was upon the written instructions by the Chairman of GECOM to the Chief Elections Officer (CEO), the coalition not giving any explanation to its concerns to the questionable tabulation of those ballots, went to the correct court, the Court of 

Appeal, for an “interpreta­tion” of what the constitution meant, when it said “more votes.” 

In interpreting the constitution, the court agreed with the position articulated by the former attorney general that the framers of the constitution meant more valid votes as is captured in article 96 of the Representation of the People Act. 

The CEO having knowledge of the questionable tabulation and acting only in accordance with the con­stitution primarily, which explicitly states more valid votes as did the interpretation offered by the majority of judges on the Appeal Court, prepared his report accordingly. 

The matter is now before the CCJ, that clearly has no jurisdiction in this matter for a determination according to Article 177 (4) which grants the Court of Appeal exclusive jurisdiction to interpret the constitution with respect to the determination of the validity of the election of a President, and indicates that such decision is final.

Mr Editor, It is now more clear that ever that Guyana’s elections have the attention of those with a personal and a collective interest, as well for many with curious interest in and out of the Region, to see how this process with know electoral fraud, that can only be corrected with the use of only valid votes, will play out. 

It is quite obvious too that those said judges on the CCJ were as much engaged in the issues concerning our elections, long before and after the matter was put before them. 

The decision to be made by those judges in this matter can be very simple as it should be, given the expressed constitutional provisions of our sovereign and independent constitution, which give exclusive Jurisdiction on matters pertaining to the election of a President, to be dealt with by the country’s indigenous court, the Court of Appeal and its decision is final. Mr Editor, in Article XXV (5) of the agreement establishing the CCJ states: “Nothing in this Article shall apply to matters in relation to which the decision of the Court of Appeal of a Contracting Party is, at the time of the entry into force of the Agreement pursuant to the Constitution or any other law of that Party, declared to be final ” II is crystal clear and pellucid as daylight, that the Court of Appeal has the final jurisdiction in this matter which is before the CCJ.

On the other hand Mr. Editor, it can be “ground-breaking” if the CCJ breached its own act by over- reaching its jurisdiction to squat in areas of explicit and very translucent constitutional provisions of a sovereign state, that they are prohibited from venturing. 

It did seem, that the very nature of questions posed by several of the judges, gave the impression that they were fishing in area; that they should not have concerned themselves with, when the matter before them was very specific and simple. 

Their exercise in asking questions, some of which were in my respectful view unintelligent hypothetical questions, which provided a vague indication that they were looking for a loophole to force themselves in, to say they do have jurisdiction. 

Mr Editor, permit me to reiterate, Guyana’s constitution and the CCJ Act of 2004, enshrined in law, makes it clear that the Guyana Court of Appeal is the final court in matters to the “validity of the election of a President” and Shall have exclusive jurisdiction” which “shall be final.” 

Mr Editor, if the CCJ intrudes and trespasses on our sovereignty of jurisdiction, it , wiII have a diabolical consequence, not only for the respect and reputation of all those judg­es in this case, but on the very foundation of the institution they represent. 

The Caribbean Court of Justice as it stands, enjoys the minute confidence of only four out of the 15 member states of CARICOM. What is very interesting to note, is that the county that houses this court, Trinidad and Tobago, does not repose the confidence in it being ,its final court, even though it also has several of its citizens as judges. 

One is bound lo ask why? Is it the fear of political interference from fellow sister states and those outside of the Region with the aim to influence regime change, outside the realm of the sovereignty of the state? Or is it because of the closeness of those in the Region, where everyone knows someone who can or may exert influence on those said decision-makers? 

All sister states, including those involved, are watching and waiting to see what the court will do. 

This case on trial is not only about Guyana, its people., its constitution and its sovereignty; it’s about the other sister states in CARICOM having confidence in the CCI as their final court it is about the respect or the court on sovereignty or states indigenous court’s decisions, where finality is constitutionally made and is said to be final It’s about restoring the mistrust imposed on CARICOM from statements or interference in mattes of sovereign sister states by both the outgoing and incoming Chain of CARJCOM, whose country man is the President of the CCJ. What is also on trial is the judges’ respect, character, integrity and the. potential longevity of tbt CCJ to stand out as a court that is truly independent and fret from the sbackles of the lingering spirit of imperialist and colonial influence of former colonisers and big corporation with deep pockets and influence. I am confident that this court to the occasion and do what is right and just ; however, against the aforementioned I am also equally aware tba t our former colours and their subjects are actively working on schemes to keep us in chains, along with the proponents who took this case to the CCI, knowing fully of the finality of the ruling of the Court of Appeal Guyana is not a colony or CARICOM, nor is it a subject of any imperialist capitalist interest. Guyana is lor Guyanese and it is not for sale.

Regards

PNCR Region#1O
Chairman

Jermaine Figueira

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_7-5-2020

FINANCE Minister Winston Jordan has reported that for 2019 the Guyana economy performed “creditably and remained stable.” The economy grew by 5.4 per cent. Gross international reserves rose to US$575.6 million, from US$528.4 million, in 2018.
“Guyana remains among the very few countries that are expected to grow appreciably in 2020,” the minister asserted, as he outlined current challenges such as the COVID-19 pandemic, its negative impact on the oil industry, the on-going electoral crisis and consequently, the absence of a 2020 national budget.

This positive rating, including a World Bank projection of a 54% economic growth in 2020, debunks the PPP’s wicked and evil propaganda that “the country is bankrupt; the treasury is empty,” which it churned out from its lie factory shortly after polling on March 2.

DIRTY DATA
The seditious attack on the country appears to be the left-over from the putrid propaganda poison and the dirty digital data used during the election campaign to undermine confidence not only in the government, but to sow disillusionment among our people.
I know for sure that the PPP’s rump in Robb Street was too unimaginative and clumsy to come up all by itself with such an act. It copied it from old and dusty destabilisation manuals, some dating back many decades.

In 1953, when the British invaded the colony, they failed to find any “reds under the bed.” They then quickly gave as another reason for invasion the blatantly false claim that the Jagan-led government had looted the treasury.

Fast forward the tape to 2020, and it is clear as a mirror under the sun that the copycat PPP took wholesale from their foreign propaganda handlers the “treasury-is-empty” yarn from that colonial era, having been exposed for its nasty attempt at rigging the March 2 elections by means of an invasion of polling places with an army of the dreaded dead and “phantom” migrant voters. That disgraceful act also exposed the downfall of the PPP as captured in a different context by the Nigerian novelist, Chinua Achebe, in “Things Fall Apart.”

ELECTORAL FRAUD
As I had done in the past when elections were “crooked as barbed wire,” I have compiled a new synopsis of electoral fraud, now involving the PPP, based on the tabulation and observations by the elections commission. These include:
– ballots cast in the names of persons who are dead or had migrated;
– ballots cast by persons without proper identification;
– ballots cast exceeding the number of persons on the Official List of Electors;
– ballots for one electoral district cast in another;
– ballots cast by persons outside of their districts without proper documents;
– ballots and counterfoils carrying the same numbers;
– ballot boxes from one polling station containing documents of another;
– ballot boxes without statutory polling documents;
– ballots issued to ranks in the army and police force improperly stamped; and
– poll books which are missing.

While the fraud was being unmasked, a different type of digital warfare was unleashed on the Guyanese people. Terrifying clips emerged on social media of Parliament Buildings on fire, and faked racist footage was posted of a screaming and hostile crowd marching down from Buxton in the direction of named communities to drive division among our Guyanese brothers and sisters.

The dirty digital warfare bears the footprints of foreign hired guns, some of whom have turned into whistleblowers and are now stepping forward to expose both the masterminds and the methods of the multi-million-dollar corruption campaign. It is my strong conviction that many collaborators would eventually be held accountable for their crimes against the Guyanese people.

NEGATIVE HEADLINES
In this crazy conspiracy to grab power, the PPP has tried to weaponise Facebook, sections of the local media and even the courts in what for it is a desperate all-or-nothing war. The focus now is on negative headlines of almost terrorist threats against top elections officials, of sanctions and imprisonment in a cowardly attempt to break their will and to compromise them.

But there is a strong pushback, as the Guyanese people are not without a righteous cause, the outcome of which could severely impact our Caribbean family of nations.

The fight-back is against the spurious opposition appeal to the Caribbean Court of Justice (CCJ) for it to override the jurisdiction of Guyana’s Court of Appeal on the interpretation by the latter of the Guyana Constitution, to the effect that votes cast in an election of a president mean “valid votes” and nothing else.

It was strongly contended that the CCJ cannot oust the power of the Guyana Court of Appeal to make a final decision on a limited or narrow set of issues.

AUTHORITATIVE STATEMENTS
Reference was made during the preliminary hearing to authoritative statements by Mr. Justice Winston Anderson, a member of the CCJ’s panel of judges, but who is not on the Bench in the current matter. His Honour said inter alia:

“If issues cannot be appealed to the CCJ, the CCJ cannot consider them, and if the CCJ cannot consider them, then they cannot be included in the building blocks of the court’s jurisdiction. It is that simple…But there is very little, if anything, that the CCJ can do to change this situation…”

Assuming and accepting that “this situation” of the jurisdiction of the Caribbean Court of Justice emerged from a treaty styled “Agreement Establishing the Caribbean Court of Justice,” Senior Counsel Mr. Reginald Armour submitted that “treaties are entered into as a matter of the sovereignty of nations.”

It appears to me that at stake is the supremacy of the Guyana Constitution and the inviolability of Guyana’s sovereignty. Beyond this I cannot comment on the matter before the CCJ.

But as a Caribbean political activist I have lived with a turbulence in my heart over what history has taught us about solidarity and the sanctity of sovereignty. That history showed that in 1953 a couple of prominent voices echoed support for the suspension of the constitution of British Guiana; and 30 years later, in 1983, similar voices applauded the foreign invasion of the tiny, sovereign state of Grenada.
Now, it seems, that Guyana’s sovereignty is on trial.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_7-5-2020

MAGISTRATE Faith McGusty, who sits at the Georgetown Magistrates Court, on Friday morning issued a summons for Chief Elections Officer (CEO) Keith Lowenfield to attend court and answer to the three charges filed against him for alleged fraud and misconduct, based on his Elections Report submitted on June 23.

Initially, two private charges were filed by General Secretary of The New Movement (TNM) Daniel Josh Kanhai and People Progressive Party/Civic (PPP/C) member Desmond Morian. But on Friday, another private charge against Lowenfield was filed by Morian. On Friday, all parties involved were present in court, except Lowenfield. This was due to the fact that Lowenfield was never served in person with any of the charges or necessary documents.
Attorney-at-law Glen Hanoman, who will be prosecuting the case, indicated that he had tried several times to serve the necessary documents on Lowenfield at his Guyana Elections Commission (GECOM) office and also at his private residence.

These attempts, he stressed, were futile, since the security personnel attached to Lowenfield and GECOM did not cooperate in allowing the summonses to be served.

Hanoman then asked the magistrate for a summons to be issued for Lowenfield to attend court and plea to the charges.

The charges were first sworn to in court by the informants in the case of Kanhai and Morian. The Magistrate then issued a summons for Lowenfield and adjourned the case until July 24. Speaking outside of the court, Hanoman explained that one of the charges against Lowenfield attracts a penalty of life imprisonment, since it is also an indictable charge.
He also claimed that more charges are expected to be laid against other key personnel at GECOM. On June 30, the first set of charges was filed by Kanhai and Morian.

Kanhai is alleging that Lowenfield, between March 5 and June 23, 2020, at Georgetown, in the Georgetown Magisterial District, County of Demerara, State of Guyana conspired with person(s) unknown to commit the common law offence of fraud, to wit, by representing to the Guyana Elections Commission, that tables attached to his Election Report dated June 23, 2020 accurately reflected the true results of the said election, in order to materially alter the results of the said election with intent to defraud, knowing the said tabulation to be false.

Morian is also alleging that Lowenfield, between March 5, 2020 and June 29, 2020, while performing his duty as the Chief Elections Officer of GECOM, without lawful excuse or justification, willfully misconducted himself at Georgetown, a county of Demerara, State of Guyana, a place within the Georgetown Magisterial District by ascertaining results of the 2nd March, 2020, General and Regional Elections for Guyana, knowing the said results to be false, the said willfull misconduct amounting to a breach of the public’s trust in the Office of the Chief Elections Officer of the Guyana Elections Commission.

The second charge which was filed by Morian on Friday against Lowenfield claiming that he allegedly conspired with Region Four District Returning Officer Clairmont Mingo to alter results that had been declared in March for that district.

On Tuesday, June 23,2020, Lowenfield, while utilising valid votes as ordered by the Court of Appeal, had submitted his Election Report, which reflected a total of 344,508 valid votes being cast at the March 2 General and Regional Elections. The Report came months after delays brought about by several court cases and a National Recount.

Lowenfield in his report, noted that in coming to the numbers he took guidance of the ruling of the Court of Appeal in the “Eslyn David v Chief Elections Officer”, whereby it was ordered that the words “more votes are cast” be interpreted to mean “more valid votes are cast” in relation to the General and Regional Elections. According to the CEO’s Report, of the 344, 508 valid votes the APNU+AFC secured 171,825 valid votes, while the People’s Progressive Party/Civic (PPP/C) raked in 166, 343 valid votes.

This was in contrast to the National Recount Report Lowenfield had submitted to the Elections Commission on June 13, whereby the Statements of Recount (SORs), showed that the PPP/C secured 233,336 votes, while APNU+AFC raked in 217,920 votes. However, in the Elections Report the CEO was keen on pointing out to the Elections Commission that thousands of votes were compromised as a result of widespread irregularities, and alleged cases of electoral fraud. The declarations of the elections have since been stayed by the Caribbean Court of Justice pending its decision on July 8 ,2020 , on the ground whether or not the Court of Appeal had jurisdiction to interpret Article 177 (2) (b) of the Constitution to mean “more valid votes are cast”. The appeal was filed by People’s Progressive Party/Civic (PPP/C) General Secretary, Bharrat Jagdeo and its Presidential Candidate, Irfaan Ali.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_7-5-2020

IN support of its contention that persons voted for the deceased during the General and Regional Elections, tbt A Partnership for National Unity+ Alliance For Change (APNU+AFC) has made public several death certificates of persons who were marked off on the Official List of Electors as having voted. 

Death certificates were provided for Pearl Moore, Rahman Jakoon, Newton Pearson, Kenyon Thomas, Looknauth Persaud, Mohan Ramawad, Winston Martin, Simone Trotman, Ranganaden Ramsammy, Bibi Khan, Chitnandani Ramdass, Haimwatee Paras ram, Ewert Reynolds and Molchan Sukhram. 

Ramdass was among the first cases of voter impersonation that were detected during the 33-day national recount at the Arthur Chung Conference Centre (ACCC). Though Ramdass died on June 6, 2015, her name was marked on the Official List of Electors as having voted in Electoral District 2 (Pomeroon-Supenaam).

The 14 death certificates represent a percentage of the total number of deceased, whose number percentage of names the deceased, were total crossed off as having voted on March 2, 2020, held when in the IO elections electoral were districts of the county. The Chief Elections Officer (CEO), Keith Lowenfield,in his report to the chair of the Guyana Elections Commission Elections (GECOM), Justice (Ret’d) Claudette Singh on June 13, had said that there were a total of 61 cases of voter impersonation involving dead people.

Based on the CEO’s report recount, on in the Region national One (Barima-Waini) there were IO such cases, 12 in Region Two (Pomeroon-Supenaam), six in Region Three (Essequibo Islands-West Demerara), 16 an Region Four (Demerara-Mahaica), seven in Region Five (Mahaica-Berbice),  (East seven in Berbice-Coren­Region Six two in Region Eighttyne), (Potaro-Siparuni) and one in Region Nine (Upper Takutu-Upperber of Essequibo). 

However, the number of “dead the voters “of no cases match to of the voter number impersonation involving Guyanese who are listed on the official list of Electors but were out of the jurisdiction on Elections Day, Based on the CEO’s national recount report, which included for Observation Reports for each of the IO electoral more districts, than the 4,800 ere cases were of involving voter cases in impersonation which persons who were out of the jurisdiction were marked down as having voted.

One such person is Adler Bynoe of Werken Rust Georgetown. Bynoe was listed among  172 Commissioner persons whom of Police and Chief Immigration had Officer initially Leslie James had initially confirmed were out of the firmed jurisdiction on Elections the Day, and according to the APNU+AFC were marked off on the OLE as having voted. 

In the a letter  chair of the Elections Commission on June3,2020 ,Bynoe confirmed that he had been out of the jurisdiction and therefore could not have voted. “I can confirm that as a citizen of Guyana, GECOM duly registered me as an  elector  and my name appeared on GECOM’s Official List of Electors for the 2020 General and Regional Elections. confirm Further, I can confirm that I am usually resident in Guyana although I was out of the jurisdiction on Elections day Bynoe wrote.

The CEO in his report had said that the total of 4,864  cases voter impersonation (dead and migrant voters) which were unearthed by APNU+AFC  were confirmed by the Election Secretariat based on official reports submitted by the Chief migration Officer Leslie James and the General Registrar’s Office.

Add  to those 4,864 cases of voter impersonation, there were well over 2,000 irregularities that the CEO said compromised the integrity of the electoral process. 

In each of the Observation Reports, Lowenfield established that due to the anomalies and instances of voter impersonation, the General and Regional Elections held on March 2 did not satisfy the criteria of impartiality, fairness and compliance with the Constitution and the Representation of the People Act. Consequently, on the basis of the votes counted and the information furnished from the recount, it cannot be ascertained that the results in this district meet the standard of fair and credible elections, the chief elections officer said in his Observation report for District one (Barima-Waini) a position he iterated for all of the other electoral districts.

According to the CEO’s report, there were 143 instances in which Certificates of Employment were missing, 1,278 missing Oaths of identity and 150 cases in which extra ballots were found in ballot boxes, and other instance of missing poll books and proxies. Notably in district four Demerara Mahaica 47 ballot boxes were void of the statutorily required documents. These anomalies, the chief elections officer said, are breaches of polling procedures outlined in the representation of the people act and the official manual for presiding officers and other polling day officials. On June23,2020, the CEO, in accord with the decision of the Court of Appeal that the President of Guyana must be elected on the basis of valid votes, submitted an Elections report which showed a victory for the APNU+AFC over the People’s Progressive Party/Civic (PPP/C). He has since been accuse of invalidating well over 115,000 votes.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_7-5-2020

…AG Chambers says only High Court can enquire into conduct of GECOM
…calls on DPP to prevent abuse of court by quashing charges

The private criminal charges purportedly filed in the Magistrate’s Court against Keith Lowenfield are unfounded and unsupported in law as questions into whether he has performed his functions validly is prohibited by the Constitution and the Representation of the People Act.

This is the position of the Chambers of the Attorney General, headed by Basil Williams SC. The chambers said: “any enquiry that the law allows must come by way of an election petition to the High Court pursuant to article 163 of the Constitution and the National Assembly (Validity) of Elections Act, Cap. 1:04,” the Chambers said.

Magistrate Faith McGusty, at the Georgetown Magistrates Court, on Friday morning issued a summons for Lowenfield to attend court and answer to the three charges filed against him for alleged fraud and misconduct, based on his Elections Report submitted on June 23. Initially, two private charges were filed by General Secretary of The New Movement (TNM) Daniel Josh Kanhai and People Progressive Party/Civic (PPP/C) member Desmond Morian. But on Friday, another private charge against Lowenfield was filed by Morian.

According to the AG chambers Section 3 of the National Assembly (Validity) of the Elections Act, Cap. 1:04 provides that- (1) Any question referred to in article 163(1) (a), (b) and (c) of the Constitution may, in respect of an election…be referred to the Court and shall thereupon be determined by it in accordance with this Act. (2) Every such reference shall be by a petition…presented to the Court in accordance with this Act.

The chamber pointed out that Article 226 (6) of the Constitution states that a court shall not enquire into whether a Commission or a member of a Commission has validly performed a function. However, article 226 (7) by its proviso states that the Elections Commission is not included under article 226(6). Article 7 states- (7) In this article, except as otherwise provided or required by the context, the expression‚ “Commission” means the Elections Commission, the Judicial Service Commission, the Public Service Commission, the Teaching Service Commission, or the Police Service Commission: “Provided that (without prejudice to the power of Parliament to make provision in relation to the functions of the Elections Commission) in the preceding paragraph that expression does not include the Elections Commission,” the chambers stated.

It added that Article 226 (7) by its proviso excluded the Elections Commission from article 226 (6) because of the exclusive jurisdiction given to the High Court under article 163 to inter alia determine the lawful conduct of an election and membership of the national assembly. Section 140(1) of the Representation of the People Act, Cap 1:03 states that the Court can enquire into whether any function of the Elections Commission or a member of the Commission has performed validly or at all. However, this enquiry of the Court is limited to questions on the membership of the National Assembly and elections pursuant to article 163 and any law made under article 163. Section 140(1) of the RPA states-
Except to the extent that jurisdiction in that behalf has been conferred, and the exercise thereof is required, by the Constitution or any law made under article 163 thereof (which provides for the determination by the Supreme Court of Judicature of questions as to membership of the National Assembly and elections thereto) and save as hereinbefore provided to the contrary, no question whether any function of the Elections Commission or of any of its members has been performed validly or at all shall be enquired into in any court. “Based on the foregoing, the actions of Mr. Lowenfield cannot be enquired into by the Magistrates Court as Article 163 has given the High Court the exclusive jurisdiction to deal with these matters. Accordingly, the Director of Public Prosecutions should intervene and prevent an abuse of the court by entering a nolle prosequi for this outrageous prosecution,” the chambers stated.

Summoned
On Friday, all parties involved were present in court, except Lowenfield. This was due to the fact that Lowenfield was never served in person with any of the charges or necessary documents. The charges were first sworn to in court by the informants in the case of Kanhai and Morian. The Magistrate then issued a summons for Lowenfield and adjourned the case until July 24. Speaking outside of the court, Hanoman explained that one of the charges against Lowenfield attracts a penalty of life imprisonment, since it is also an indictable charge. He also claimed that more charges are expected to be laid against other key personnel at GECOM. On June 30, the first set of charges was filed by Kanhai and Morian.

Kanhai is alleging that Lowenfield, between March 5 and June 23, 2020, at Georgetown, in the Georgetown Magisterial District, County of Demerara, State of Guyana conspired with person(s) unknown to commit the common law offence of fraud, to wit, by representing to the Guyana Elections Commission, that tables attached to his Election Report dated June 23, 2020 accurately reflected the true results of the said election, in order to materially alter the results of the said election with intent to defraud, knowing the said tabulation to be false.

Morian is also alleging that Lowenfield, between March 5, 2020 and June 29, 2020, while performing his duty as the Chief Elections Officer of GECOM, without lawful excuse or justification, willfully misconducted himself at Georgetown, a county of Demerara, State of Guyana, a place within the Georgetown Magisterial District by ascertaining results of the 2nd March, 2020, General and Regional Elections for Guyana, knowing the said results to be false, the said willfull misconduct amounting to a breach of the public’s trust in the Office of the Chief Elections Officer of the Guyana Elections Commission. The second charge which was filed by Morian on Friday against Lowenfield claiming that he allegedly conspired with Region Four District Returning Officer Clairmont Mingo to alter results that had been declared in March for that district.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_7-5-2020

Dear editor,

I AM at my wits end with Bharrat. I am at the end of my tether with this man. No matter what we do, how we bend backwards or how much we compromise, it never seems to satisfy him. You think I am confabulating? Then just have a read of a few of the frustrating experiences we have had over the past few months.

Before the elections Bharrat was complaining more than the rescued Israelites did to God, even though he saved their lives from brutish slavery under the Egyptians and provided them daily manna, miraculously falling from the skies. Bharrat moaned and groaned about the elections date. He moaned and groaned about the government’s status. He moaned and groaned about H2H registration. He moaned and groaned about the list being sanitised. He moaned and groaned about polling stations at private residences. He moaned and groaned about everything apart from his 19 criminal charges choice of a puppet.

Then the election came and the moaning and groaning intensified. Twelve hours after the elections he was moaning and groaning about the results, when it is a known fact that never happened in Guyana. Then he was moaning and groaning about the spreadsheets being used by the Region Four RO, despite the fact that eight out of nine regions had used them. He moaned that the spreadsheets were fraudulent since he personally saw the RO adding 100 votes to APNU+AFC on every spreadsheet. Anyway, before the tabulation of Region Four was completed, Bharrat supervised an invasion and intimidation of GECOM staff, along with a demolition of the chairperson’s office door.

As a result of the above the chief justice became involved. Bharrat was asked what he wanted and in tears he said he wanted SoPs to be used by the Region Four RO. As a result the CJ “instructed” GECOM to use SoPs. As Bharrat was flounced down the court stairs, the CJ “shouted” out to him that he should not disturb the Region Four RO as he does his counting since she cannot deal with another Nigel Hughes-type mathematical “error.” So now the RO started to use his SoPs and Bharrat moaned and groaned. He wanted the RO to use SoPs that he manufactured on the 29th of February. The RO rightfully refused, since the election was on March 2nd. As a compromise the SoPs were projected onto a screen, since Bharrat was moaning and groaning about the RO not reading the correct number. That was done and despite Bharrat being able to see the vote tabulation, he moaned and groaned that he could not see the small serial numbers. He abruptly walked out of the process and APNU+AFC were declared the winners.

Then CARICOM told the Mercury-poisoned Americans, international observers and intrusive ambassadors to shut up, since they know Bharrat and they will sort him out. That was not an easy task but now a recount is on the way. Sophisticated words such as “operationalised, legal implications, modalities, legal procedural issues, notwithstanding” and other big words were intentionally used by GECOM to perplex Irfaan. Now that Bharrat has his recount he is now moaning and groaning that it is not enough to have it with a million PPP-friendly international observers, he wants it to be on live television.

Seriously Bharrat? Seriously? Bharrat, are you aware that this process would be for at least three months? Bharrat, you are demanding the impossible, three months without blackouts? Also Bharrat, it will be for 12 hours a day, with no intermission for advertisements or opportunities to blink. Bharrat ,at what point will you pass urine or do that other physiological process, if there are no breaks? Bharrat, you may not be aware that this counting process would have many stations. Let’s say the cameras are on station 1, how can we be assured that you will not later complain that the other stations cheated when the cameras were off them? Bharrat, what about confidentiality of the counting staff? They would rightfully be concerned about reprisals from the supporters of your party when the results are confirmed.

Bharrat, you are impossible, highly impossible. Freddie Kissoon clearly is not helping. One time his very reliable sources informed him that APNU+AFC won by one seat. Then his very reliable sources told him, a few days later, that you won by one seat. Then two days ago, his very reliable sources informed him that the PPP got 34 seats, APNU+AFC 28 and the small parties two. That adds up to 64 seats; not sure if Freddie will take the other seat. I think he should and hopefully shut up. My very reliable sources informed me that the very reliable sources who informed Freddie that David Patterson and Ramjattan were fighting in the middle of the street with sticks and cutlasses, informed Freddie of his changing numbers. And shockingly, Freddie of all people would accuse Mingo of making up things. By the way, the new narrative on his Phd that never was is that he was called to rescue Grenada. Poor chap, after more than 40 years from that infamous rescue, he has never found the time to do his Phd thesis or undertake any original research. LIE.

Regards
Dr.Mark Devonish

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_4-5-2020

-Prime Minister Rowley urges speedy resolution to elections impasse

Trinidad and Tobago’s Prime Minister, Dr Keith Rowley ,one several CARICOM leaders who have been engaging officials here on conclusion of the electoral process , has expressed hope that the situation will come to a finality soon, noting that there is too much at stake for the country.

Rowley along with chair of CARICOM, Prime Minister Mia Mottley of Barbados, Prime Minister of St Vincent and the Grenadines, Ralph Gonsalves , Prime Ministers Roosevelt Skerrit of Dominica, and the Grenadines and Keith Mitchell of Grenada visited Guyana several days after the March 2, 2020 elections with the aim of assisting at the arrival at a resolution to the impasse that resulted from the polls.

The results of the elections have been hooked-up in the courts with a ruling by the Court of Appeal set for today being the latest decision deriving in the month-long post-election wait.
In an interview with the CCN6 of T&T recently, Rowley that while he has an “unsettling feeling” about the ongoing process, he is hopeful that “something will happen” which will put an end to the process.

He said that he is worried that an election which occurred a month ago, is still “still a courthouse matter”, noting that the ending of an elections is usually at the counting of the ballots.

Rowley noted that the high-level team of regional leaders met with the 11 political parties which contested the elections, including the major parties, A Partnership for National Unity + Alliance for Change (APNU+AFC) and the Peoples Progressive Party/ Civic (PPP/C).

After the visit, CARICOM through Prime Minister Mottley, made a commitment to send a team of electoral officials to assist with overseeing the recounting of ballots but Rowley noted that the matter was once again taken to the courts while other legal opinions stalled the process once more. He said he is unsure where the ongoing situation leaves CARICOM, however he expressed hope that the process will soon come to a conclusion.
He said that Trinidad and Tobago is “deeply involved “in the engagement with CARICOM on the electoral issue here , adding that Guyana plays an integral role in the regional body as its headquarters are in Georgetown.

On Friday, GECOM made a decision to proceed with a recount of all the ballots cast at the March 2 General and Regional Elections, but the commission was still working out modalities as to how this would be done.

The decision comes on the heels of a ruling by the Full Court to discharge the injunctions and dismiss the Fixed Date Application for Judicial Review filed by Ulita Moore, a private citizen, on the basis that the challenge ought to have come by way of an Elections Petition within 28 days of the declaration of the results by the Elections Commission.

The matter was subsequently taken to the Court of Appeal by the applicant and Justice Dawn Gregory is expected to make a ruling on the matter today at 11:00hrs.

On Friday GECOM Chair, Justice (Ret’d) Claudette Singh, decided that a recount of the votes cast at the March,2, 2020 polls would be conducted in chronological order, that is, from Region One to Region 10. That decision was taken against the backdrop of Article 162 (1) (b) of the Constitution of Guyana, which mandates the Commission to “take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of the Constitution.”

Ahead of her decision, Justice Singh told the Commissioners that she was in no position to backpedal on her commitment to the High Court during an earlier hearing to facilitate the national recount. The commission also awaits the outcome of the ruling today, before proceeding on its mandate.

Days after a CARICOM High-Level Team travelled to Guyana to supervise the re-counting of ballots from the country’s elections, the team pulled-out of the country after several legal issues stalled its mandate.

Prime Minister Mia Mottley had announced that President David Granger had made a request for CARICOM to field an independent high-level team to supervise a planned national recounting of the ballots cast in the elections.

This was agreed to by Opposition Leader Bharrat Jagdeo, and the two local leaders signed an Aide Memoire for the agreed recount. However, CARICOM requested that this agreement be followed up with an Order and the same gazette, but this was advised against by Guyana’s Chief Parliamentary Counsel, Charles Fung-a-Fat as doing so would supersede electoral laws and infringe on the rights of electors.

This was coupled with an interim injunction and Order granted by the High Court to halt the recount, on the basis that the declarations that have already been made were final, and that GECOM is the only agency authorised to conduct elections. This being the case, the high-level team withdrew themselves from the process.

President Granger subsequently expressed disappointment at the developments even as he appealed for patience by the populace on the outcome of the matter.” I have said repeatedly throughout the electoral process that I will abide by the Constitution of the Co-operative Republic of Guyana, the decisions of the Elections Commission and the ruling of the Supreme Court. I maintain this position. I iterate my commitment to the due completion of all electoral requirements and the conclusion of the process under the auspices of the Commission and in the interest of all Guyanese.

I assure the nation that I remain committed to the electoral process and to the declaration of results by the Elections Commission in accordance with the law,”the President said.

Prior to the withdrawal of the CARICOM team GECOM Commissioner Vincent Alexander told reporters that: “They have not given up on us; they have withdrawn at this point in time; they have indicated that they are still available if the need arises for an intervention to do so.”

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_4-5-2020

THE involvement of our regional partners in settling major elections issues should be welcomed. We are founding members of Caricom and Secretariat is located in our capital city. Above all, Guyana is a signatory to the Caricom Charter on Democracy; it behooves us to be exemplary in our interaction with this regional body. However, it does not matter how magnanimous and well-intentioned initiatives to bring an end to electoral conflict are, if those efforts are not solidly grounded in law, we might be taking several steps backward.

REGIONAL AND NATIONAL ELECTIONS 1997

The regional and national elections of 1997 mirror what occurred on March 2nd, 2020. Guyana’s General elections were held on December 15, 1997. The People’s Progressive Party (PPP) won 29 out of 53 Seats, the People’s National Congress (PNC) garnered 22 Seats, The United Force (TUF) gained 1 Seat and the Working People’s Alliance (WPA) acquired 1 Seat; voter turnout was 88.4%. Following the 15th December 1997 elections, the Opposition protested with vigour through the streets, citing numerous instances of wanton fraud and rigging. These protests were so massive and impactful, the international and regional community took notice and both parties were brought to the negotiating table. Under the aegis of Dr. Kenny Anthony, Prime Minister of St. Lucia and Chairman of Caricom, a deal was brokered between the major parties and several broad measures were agreed. This process provided a clear precedent for Guyana should the need arise, such need manifested in the 2020 regional and national elections.

THE HERMANSTON ACCORD
The disputed 1997 elections resulted in widespread violence through the streets of Georgetown. The People’s National Congress felt the need to forcefully make their case and gain the attention of the region and the world. The sting of People’s Progressive Party’s candidate being sworn in when the count was not complete did not go down well with the residents of Georgetown. This regional body stepped in and the result was the Herdmanston Accord of January 17th, 1998, signed by Desmond Hoyte and President Janet Jagan. The 9-page document outlined its role and provided guidance for an election audit and several important agreements between the two leaders of the major parties. These arrangements considered the fact that Caricom’s role must be enshrined in law, hence there was a need for a President to be sworn in and the party with the majority heading to Parliament to pass legislation to facilitate Caricom’s involvement.

THE ELECTORAL AUDIT (CARICOM AGREEMENT) ACT 1998
Speaking grandiloquently to empty Opposition benches in the Guyana Parliament Monday, 16th of March 1998 at 2:00 PM, Charles Ramson Sr., PPP/C Parliamentarian, stated. ‘I wish to a assure those Members of the House who may not have had the benefit of any legal training that the bill does not seek to tie the hands of the court in any election petition that is filed to challenge the validity of the outcome of those elections.’ The Caricom Audit Bill was debated in a heated environment with cacophonic protesting sounds emerging from the Stabroek Market area. At the end of that debate, Guyana had an Act which laid a clear pathway for disputed elections that required the intervention of the Caribbean Community. Act 1 No. 1 of 1998, Electoral Audit (Caricom Agreement) Act 1998 states ‘An Act to provide for the conduct of the independent electoral audit provided for in the Caricom Agreement..’. It is quite reasonable to conclude that the framers of this legal instrument were cognizant of the fact that the Representation of the People’s Act did not cater for reviews of much consequence outside an election petition, hence the need to codify any such arrangement in law.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_4-5-2020

Dear Editor,

PLEASE permit me space in your daily newspaper to share my thoughts on the Bryan Max saga. You see, people tend to forget the type of government we have had from the year 1992-2015, where dictatorship was the rule of the day. One cannot deny the fact that under the rule of the People’s Progressive Party Civic (PPP/C), Guyanese had experienced the worst kind of governance, including violence at the hands of the Police Force. Civilians were afraid to voice their opinions because members of the Guyana Police Force would carry out retaliatory assassinations by or on behalf of the then government. Such examples can be seen in the death of the Bacchus brothers, Waddell and Crum-e-Wing. Thus, the Joint Services were not there to protect the people; rather, it was used to kill, abuse or frame the innocent.

We must not forget when 15-year-old Twyon Thomas was brutally beaten and burnt with hot water by two police constables. Justice was denied when the case was dismissed, and the guilty persons were not prosecuted.

Because of this and many other police brutality cases, the Guyana Human Rights Association (GHRA) made an unusual plea. “The GHRA is therefore, now calling on the international agencies currently investing hundreds of millions in reform of the GPF and justice system to condition continued funding on improved performance with respect to torture, conditions of detention and deaths in custody.” (GHRA, September 28, 2008)

However in 2015, when President Granger and his administration were elected, Guyanese started to experience a new and refreshing beginning: police officers have started to take their jobs more seriously: their swift response to reports, paying more attention to cybercrimes, security has tightened, brutality against prisoners have decreased and police bribery is taken seriously.

Since taking office the Police Force has undergone several structural changes which have improved the overall morality of the force. The coalition government spent $1.7B on the construction, refurbishment and renovation of 12 police stations to improve services to citizens and increase crime-prevention capabilities and an additional 28 have been identified for further upgrading. The court system received much-needed boosts in staff and facility upgrades to allow for more convictions and prosecutions of criminals. The coalition has facilitated the expansion of the Police Force and ensured that they have the resources they need to fight crime. The Community Policing Groups increased their membership to over 4,255 active members and relations between police and communities have improved significantly, through new citizen policing groups.

No longer are citizens afraid of the Phantom Squad which was known to practise waterboarding to get people to reveal state secrets or to accept being framed for a crime they did not commit. No longer would staff of news entities have to fear for their lives if a few articles criticised or exposed wrongdoing. No longer would mothers have to bewail the mistreatment or disappearance of their sons.

Bryan Max on the other hand, threatened the lives of James Bond, Mark Benschop, Joseph Harmon and Basil Williams on his Facebook page which has resulted in the police having to arrest him. As a citizen he was allowed to advocate his human right to criticise the government, but this did not in any way cause the police to brutalise or ill-treat Max.

Notwithstanding the denial of freedom of speech during the PPP/C’s era, Bryan Max did not suffer the same; instead, he was only humiliated and disappointed by the fact that his buddy-friend the commissioner did not intervene to help him get away with his own wrongdoing. And, instead of a five-star hotel treatment, he spent hours behind bars on a makeshift cardboard bed. On the flip side, Bryan Max gained more content for his Facebook Live, a colossal failure of an attempt to mimic another media personality who is well known for criticising everything under the sun.

Moreover, freedom of speech was restored and Guyanese can freely voice their opinions without the thought of being victimised. Contrarily, this opportunity was not given under the PPP/C regime.

Regards
R. Chung-A- On

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_4-5-2020

CONSIDERING the existing restrictions in place to guard against the spread of the Novel Coronavirus (COVID-19), the Guyana Elections Commission (GECOM) will have to approach government to discuss the facilitation of a possible recount of the ballots from the March 2, General and Regional Election.

The Court of Appeal today will hand down its ruling on whether the court has jurisdiction to hear an application challenging GECOM’s decision to facilitate a national recount against the background that, declarations have already been made in all 10 electoral districts. Though GECOM on Friday voted to conduct a national recount, it has assured the Appellate Court that the recount will not commence before its ruling.

“I have been instructed that a decision was made to conduct a recount; however, the execution of that decision and the process will not commence before Sunday,” Legal Counsel Kim Kyte-Thomas –- the attorney representing GECOM Chairperson Justice (Ret’d) Claudette Singh–- told the Appellate Court.

Justice of Appeal Dawn Gregory, one of three judges who took the bench on Friday, announced the date for the ruling and sought clarity on GECOM’s decision after the court was approached by Senior Counsel Roysdale Forde for interim orders to stay the decision of GECOM until a final determination is made.

“We do not know if there will be a recount and when…it has nothing to do with the merit of the application for the recount, it has to do with whatever happens [if it is decided],” said Prime Minister Moses Nagamootoo during a virtual press briefing, on Saturday.
Government on Friday had extended its emergency measures to combat the dreaded coronavirus with the implementation of a 12-hour curfew on citizens. These emergency measures are made pursuant to the paragraphs (1) and (2)(b) of the directive by the President, given under the Public Health Ordinance, Cap. 145, and published in the Official Gazette, Legal Supplement B, 16th March 2020, government said in a notice Friday evening.

The measures took effect from the 3rd April, 2020 and will last for one month unless earlier terminated, extended or amended by notice of the Minister of Public Health after an assessment of the prevailing public health conditions.

Prime Minister Nagamootoo, who is Chairman of the National COVID-19 Task Force– the body which compiled and decided on the measures– said GECOM is a constitutional body and they regulate their own procedures, but in light of the COVID-19 pandemic, the elections body will have to approach the executive arm of the state to discuss the facilitation of a recount.

Also on the topic of GECOM and the elections, the prime minister was asked how the restrictions will apply to the Guardians of Democracy, a group of individuals who have been gathering in front of GECOM to “guard” the containers which hold the ballot boxes.
Citing the measures in place, Prime Minister Nagamootoo said there are strict restrictions in place as it pertains to large clusters of people, considering international advice that social distancing is a method of preventing the spread of COVID-19.

He said there are limitations to the number of people that should be in congregated at one place and even so, those persons must practise social distancing and stay a certain distance apart.

Prime Minister Nagamootoo said, considering the restrictions in place, the enforcement agencies such as the Guyana Police Force will have to look at the issue carefully and see how it could be managed without another lawsuit, given that there is already a plethora of legal suits. “We will hear it is their constitutional right to guard…I am prepared to face those challenges for the safety of the people, because it would be worse to die because of the carelessness or recklessness of one group which feels that their rights are more important than the lives of others,” he said.

In this regard, he said the “right” decision has to be made now, rather than later. The measures in place have to be enforced.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_4-5-2020