The Court of Appeal will on Saturday hear arguments in the new legal proceedings filed to challenge Chief Justice (ag) Roxane George’s recent decision that results from the national recount must be used as the basis for a final declaration of the March 2 elections.
Appellate Judges Justice Rishi Persaud and Justice Dawn Gregory, and High Court Judge, Justice Priya Sewnarine-Beharry at Wednesday’s virtual case management hearing
This decision was handed down in the case brought by A Partnership for National Unity/Alliance For Change (APNU/AFC) coalition agent Misenga Jones, who is seeking to block the Guyana Elections Commission (GECOM) from declaring the results of the General and Regional Elections using the recount figures.
However, Justice George on Monday ruled that the recount results were valid and hence, must be used as the basis of a final declaration by GECOM. As such, the coalition supporter is appealing the judgement.
The Appeal Court – which is being presided over by Appellate Judges, Justice Dawn Gregory and Justice Rishi Persaud, and High Court Judge, Justice Priya Sewnarine-Beharry – held a case management hearing on Wednesday, where the timelines for submissions were outlined.
The parties were given up to Friday midday to file all written submissions and responses before the marathon hearing of arguments set for Saturday, commencing at 10:00h.
Justice Gregory has asked the parties in the matter to condense their submissions so that the hearing of the matter, which is of national interest, can be expedited. Following’s Saturday’s virtual hearing, the Court will indicate a date for ruling.
While Jones has appealed the CJ’s ruling, a cross appeal was also filed by People’s Progressive Party/Civic (PPP/C) Presidential Candidate Irfaan Ali and General Secretary Bharrat Jagdeo; and Attorney General Basil Williams has also indicated his intention to file a cross appeal as well.
Meanwhile, during Wednesday’s case management hearing, embattled Chief Elections Officer (CEO) Keith Lowenfield indicated that he would not be participating in the proceedings.
“I wish to inform the Court that the [CEO] does not intend to participate in this appellate process,” Senior Counsel Neil Boston, who is representing Lowenfield – the third named respondent, stated.
Despite being directed on several occasions to present his final elections report based on the certified results from the recount process, the CEO has failed to do so and his last report to the Elections Commission included the fraudulent figures from the declaration of embattled Region Four Returning Officer Clairmont Mingo, who was found to have heavily inflated the votes in the largest voting District in favour of the caretaker coalition.
However, the figures from the 33-day recount exercise show the People’s Progressive Party/Civic (PPP/C) with a landslide victory having secured 233,336 votes while the APNU/AFC obtained 217,920 votes – a difference of some 15,416 votes.
In her ruling on Monday, the acting Chief Justice dismissed Jones’ application and ruled that the only data that could be used for the declarations of the elections would have to be the recount results.
Justice George further contended that the CEO “cannot act on his own”: he has to act based on the direction of the Commission.
She also decided that the declarations made by the 10 Returning Officers have been set aside and overtaken by the recount results.
However, the APNU/AFC supporter in her appeal is contending that the acting Chief Justice erred in law when she ruled that the issues raised by the applicant were res judicata, that is, these were matters already adjudicated by the courts.
Justice George had also admonished the lawyers, who were involved in those previous cases, to stop wasting the Judiciary’s time.
This is not the first the APNU/AFC has come under fire for wasting the court’s time by filing a series of litigations. Many have seen this move to the Court of Appeal as one by the APNU/AFC to further prolong the election impasse and signal its determination to not leave office.
Only on Tuesday, Organisation of American States (OAS) General Secretary Luis Almagro had urged that the Judiciary stop being the refuge of those who want to do nothing more than delay the declaration of the results of the General and Regional Elections.
During a special meeting of the OAS Permanent Council that was convened to discuss the political situation in Guyana, the General Secretary said: “The current situation serves no purpose in Guyana. We call to stop using the Judiciary branch to avoid bringing a solution to the country. It’s time to make decisions and protect democracy and the will of the people expressed in the elections”.
