Challenge hearing set for January

GECOM’s unilateral appointment

…as judge reprimands AG, Nandlall for media discussions on case

Three weeks after being filed in the High Court, the Opposition People’s Progressive Party’s challenge to rescind President David Granger’s appointment of retired Justice James Patterson as Chairman of the Guyana Elections Commission (GECOM) came up for hearing before acting Chief Justice Roxane George on Thursday.
Both the applicant’s attorney, Anil Nandall, and the respondent, Attorney General (AG) Basil Williams, were given dates to make submissions and to reply, before

the matter returns to court on January 5 for clarification and arguments.
In a full courtroom on Thursday, Justice George reprimanded the AG as well as his predecessor, Nandlall, for making public statements ahead of court proceedings. Both were armed with countenances of humility at Thursday’s court appearance, and they were both warned that a gag order could be imposed if the practice continues.
The Acting Chief Justice observed that there were several newspaper headlines in which the two – Williams and Nandlall — were making open statements about the case.
“Both sides have been trying this case in the court of public opinion…I’m cautioning both sides to be very careful of what you say in the media and public,” remarked the Chief Justice in an atmosphere of some tension, as persons present in the courtroom showed eagerness to hear her comments.
Chief Justice George related that while one is “free to comment”, the comment made should not be contemptuous.
Meanwhile, Attorney-at-law Nandlall solicited the court’s leave to reply to the Attorney General’s submissions on the injunction. This was granted, and the judge further set out the timetable for legal submissions.
Speaking outside of court, both Nandall and Williams observed the court’s admonition in regard to public disclosures about the case, and each indicated that

he would limit what he has to say.
Nevertheless, Nandall expressed confidence that the decision to appoint Justice Patterson will be rescinded.
Meantime, a small group of Government-backed protestors gathered at the court’s Charlotte Street entrance, and were heard shouting comments in favour of AG Williams and against Nandlall.
After court was adjourned, the protesters greeted the Attorney General with open arms, as he urged for calm in a bid to ease tensions.
The PPP’s motion, filed in the name of the party’s Executive Secretary and Member of Parliament (MP) Zulfikar Mustapha, is seeking to revoke and quash Justice Patterson’s appointment, and to secure an order to remove him from office. It is also seeking to direct the President to choose a person from the 18 names submitted to him by Leader of the Opposition, or for the

court to make an appropriate order that it deems fit.
Nandlall had said that the PPP is also seeking a declaration that Justice Patterson is not qualified to be appointed, in accordance with the provisions of Article 161-2 of the Constitution of Guyana.
Justice Patterson, who was an advisor attached to the Legal Affairs Ministry, was sworn in a few hours after President Granger had met briefly with the Opposition Leader in October. President Granger has said his decision to select a GECOM Chairman was made in accordance with Article 161 of the Constitution for the

appointment of a GECOM Chairman.
The Head of State’s contention is that all three lists provided by the Opposition Leader were unacceptable. These lists had a total of 18 nominees. The President’s decision was met with much criticism from the Opposition, civil society groups, trade unions, the business community, and other observers, many of whom contend that the retired judge’s appointment could threaten the tenets of democracy.