SENIOR Counsel Neil Boston said Sunday that come Tuesday, he will defend the Guyana Elections Commission (GECOM)’s position that the declaration of the votes for Region Four in the General and Regional Elections is valid.
Though disappointed in the High Court’s decision that it has jurisdiction to hear an application challenging the procedure through which the Returning Officer for Region Four Clairmont Mingo arrived at the total number of votes for the District, he will file his Affidavit in Defence on Tuesday, March 10 at 10:30hrs.
On Sunday, Chief Justice (ag) Roxane George-Wiltshire ruled that the High Court has jurisdiction to hear the case brought against Mingo; Chief Elections Officer Keith Lowenfield; and GECOM by Reeaz Holladar, a private citizen, on behalf of the People’s Progressive Party/Civic (PPP/C).
The Chief Justice said there is sufficient evidence to prove that there was non-compliance with Section 84 of the Representation of the People Act.
Section 84 (1) of said Act states: “As soon as practicable, after the receipt of all the ballot boxes and the envelopes and packets delivered to him in pursuance of Section 83 (10), the Returning Officer shall, in the presence of such of the persons entitled under Section 86 (1) to be present as attend, ascertain the total votes cast in favour of the list in accordance with the Statements of Poll, and thereupon publicly declare the votes recorded for each list of Candidates.”
Holladar, through his lawyers, has asked the Court to block the declaration of the results for the March 2, 2020 General and Regional Elections until and unless the process of verifying the Statements of Poll for Region 4 (Demerara-Mahaica) is completed.
Meanwhile, Senior Counsel Roysdale Forde said that though disappointed, he respects the decision of the High Court. “Obviously, we will have to comply with the Order, and at the same time we will have to take the opportunity to review what are the options available to us,” he said. “But we remain resolute in our position that the declaration of the returning Officer is a valid declaration made, and we will return to court,” Forde told journalists shortly after exiting the courtroom on Sunday.
Justifying his position, Senior Counsel Boston explained that following the declaration of the votes for District Four by the Returning Officer, the PPP/C applied for a recount but the application was denied. He said that according to the electoral laws of the country, once an application of a recount is rejected, the declaration is final. He said declarations by all 10 Returning Officers, as obtained on Thursday March 5, paved the way for the declaration of the final results for the General and Regional Elections by the Chief Elections Officer.
He said that while the High Court relied on the case Joseph Hamilton v Guyana Elections Commission, the facts and circumstances are completely different from the current matter before the Court. He explained that in Hamilton’s Case, the application was filed AFTER the declaration of the final results for the General and Regional Elections in 2001.
“We are in a completely different stage of the process, and in that Hamilton Case, we also asked the Court for a number of declarations, including stopping the swearing in of Bharrat Jagdeo… And the Chief Justice at the time, Justice Desiree Bernard, refused to grant any of the declarations,” he reasoned.
He said that the Court, in the Hamilton Case, also noted that Section 84 of the Representation of the People Act is directory and not mandatory. “It means that it does not have to happen,” the Senior Counsel emphasised. Nonetheless, he said that GECOM will return to the Court to defend its position on the declaration of the results.
Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_3-9-2020