Legal challenges to H2H Registration
….gives GECOM, AG until Friday to submit additional documents
If anyone expected that the filing of new applications would cause delays, they were left disappointed on Tuesday when Chief Justice Roxane George ordered applicants introducing new affidavits in the House-to-House legal challenge to get it done by Friday.
Attorney General Basil Williams, on behalf of the State, and Trinidadian Senior Counsel Stanley Marcus, on behalf of Guyana Elections Commission (GECOM) Chief Elections Officer Keith Lowenfield, were both given this strict deadline.
In the case of Williams, he is seeking to have the High Court dismiss attorney Christopher Ram’s challenge to GECOM’s House-to-House Registration exercise. When it comes to Marcus, he is seeking the recusal of Justice George from hearing the case.
Prior to handing down her timelines, Justice George had raised questions with Marcus regarding Lowenfield’s role. Lowenfield is named as a respondent in Ram’s challenge to House-to-House Registration. At the same time, Lowenfield signed the affidavit submitted by Marcus alongside his application seeking her recusal.
Former Attorney General Anil Nandlall, a leading member of the legal team representing Ram, contended in an interview afterwards that these applications were meant to frustrate the court. He lauded the court for ensuring that these applications fell in line with the original Friday timeline to hear Ram’s challenge.
“It is clear that [efforts are being made] to delay this matter,” Nandlall said. “And what you are seeing before the court are attempts to carry out that plan. Fortunately, from the timelines that the court has given, it is clear that the courts are not going to allow themselves to be manipulated in this time-wasting, procrastinating exercise.”
“The court has not shifted its timelines but has given more rigid timelines for them to do what they have to do. They want to file a whole set of affidavits. The court said no problem, but you will file it without shifting the timelines already fixed by the court.”
Nandlall maintained that the applications made by the Attorney General and GECOM are completely without merit. In the case of Marcus’ application on Lowenfield’s behalf, he noted that the Trinidad-based lawyer should not even be involved.
“The one filed by Lowenfield, he’s not authorised to file. Lowenfield is not GECOM. GECOM is made up of the Chairman and six Commissioners. GECOM is not bound by GECOM. GECOM [is in charge], not the other way around,” Nandlall asserted.
“And the attempt by the AG to argue that these matters have already been dealt with by the Caribbean Court of Justice is also a very frivolous argument. These matters have not been dealt with. We are questioning the legality of House-to-House Registration, relative to the CCJ rulings. These are new matters. We are trying to protect the CCJ judgement and the Constitution.”
Last week, the High Court had denied an application for an interim conservatory order to block GECOM from continuing its House-to-House exercise that began just days before. At the time, the order was not granted since the Chief Justice required more evidence as to the unconstitutionality of the exercise.
Attorney-at-Law Neil Boston’s request for 14 days to present his written arguments was denied by the CJ, who gave him until July 29 to submit his affidavits. Boston is representing Lowenfield, as a named respondent, in this matter.
Nandlall and team filed an affidavit with the additional evidence for the CJ that very afternoon and were given until July 31 to respond to the other filings, with the Chief Justice ordering that all relevant submissions be laid over with the court by July 31.
The Guyana Bar Association, which is being represented by its President, Teni Housty, and prominent attorney, Sanjeev Datadin was also given leave to join the proceedings as a party and make written submissions. The case will, meanwhile, be heard on August 2.
