…and another step backwards?
If nothing else, with all the PNC’s never-ending series of challenges to the Constitution and laws of Guyana since the NCM of Dec 21, 2018, the citizens of the country are earning a graduate-level degree on civil procedure of our Judiciary. Whether they like it or not. In yesterday’s episode, we learnt that the FULL Court of the High Court (in this case the Chief Justice and another Justice) – could review a decision of a Justice of the High Court (in this case Justice Holder).
With the CJ involved and not Holder holding court, your Eyewitness was able to hear the goings-on inside the courtroom, since she had everything piped outside via loudspeakers. What it boiled down to was the Full Court struck down Justice Holder’s decision last week that GECOM couldn’t proceed with the recount it had agreed to. This was the position of APNU’s candidate Ulita Moore, who “seemingly” disagreed with her party leader David Granger. He’d not only agreed to a recount but had actually invited a Caricom team to witness the said recount!!
So, does this mean that GECOM can now go ahead with the recount?? As we should know by now, the answer is, “it depends”! In the last year, we’ve learnt that the PNC will not take legal defeat lying down – like they showed when the CJ had ruled that 33 was the majority of 65. Everybody thought that was a home run – but we know to Guyana’s cost, the PNC appealed (to the Appellate Court) and found two of the Justices at that elevated level to agree with them!!
So the PNC will appeal to the Appellate Court, right?? Not so fast!! The Full Court “denied leave to appeal” to the PNC candidate – ‘cause they found “no merit” in the arguments presented. Art 162 was pellucid that no court could question a decision of GECOM and that was that! But is it?? Didn’t everyone think that 33 was more than 32, yet the Appellate Court accepted that case on an argument that the CCJ later derided?
But hope beats eternal, and all that. Maybe the looming sanctions will focus the Appellate minds?
…and a second step backward??
But the drama in the Courts weren’t over yesterday. There was the second matter in front of Justice Holder – brought by the Opposition Leader – who’d challenged Mingo’s March 13 declaration of the election results. Mingo, of course, had been bitch-slapped by CJ George for his first declaration from the balcony of Ashmin’s! She’d instructed him in no uncertain terms that any tabulation of Reg 4’s SoPs has to be done with the said SoPs exhibited to the political parties’ reps and other observers.
Mingo blithely proceeded to repeat his sleight of hand – -this time using a blurry projector rather than dodgy spreadsheets. But not surprisingly, Justice Holder – who’d just declared he had jurisdiction to deny a recount – now declared that he didn’t have jurisdiction to slap down Mingo’s numbers!!
But hold it! Hasn’t Claudette Singh committed to a recount and has the casting vote in GECOM??
Stay tuned!!
…and the AFC falls over the cliff!
The AFC, such as it is, insisted its coalition with the PNC won the elections. But it now wants a one-tern unity govt to discuss “power sharing.
Sanctions do focus the mind!!
