…says Justice Singh erred, misdirected himself in law
The People’s Progressive Party (PPP) will be taking its case of “fraudulent” names found on the Guyana Elections Commission list to Guyana’s Court of Appeal.
This move comes days after Berbice High Court Judge, Justice Navindra Singh ruled that there was no evidence of fraud, trickery or threat and noted that there was no basis to ask the Chief Elections Officer to strike out the names of the nominators from the Alliance For Change’s (AFC) Lists of Candidates at Whim/Bloomfield Local Authority Area, Berbice.
In the Notice of Appeal, the Party contended that Justice Singh erred and misdirected himself in law.
“The learned hearing Judge erred and misdirected himself in law by predicating his decision on a Police report which consisted of inadmissible evidence, incredible assertions and unsolicited conclusions rather than be guided by the relevant legal
Court of Appeal
principles and the sworn Affidavit evidence of over fifty persons which were before the court,” Attorney Anil Nandlall stated in his Notice of Appeal. The lawyer in his appeal is contending that the document stated that persons whose signatures appeared as nominators of candidates for the AFC in the Whim/Bloomfield Local Authority Area did not understand the nature and purport of the documents which they signed.
It added too that “those who procured these signatures did so by misrepresenting themselves as representatives of the Guyana Elections Commission or persons associate with the People’s Progressive Party Civic” while “those who procured these signatures did so by misrepresenting the nature and purport of the documents for which they were soliciting the signatures.”
Following the decision by Justice Singh on Monday, Opposition Leader Bharrat Jagdeo on Thursday stated that the Police report, which was submitted to the court, contained several pieces of inaccurate information and misrepresentation of testimony from residents of Whim/Bloomfield.
According to Jagdeo, the case could have been dismissed due to the Police’s report in the matter being “heavily doctored”.
“We are fighting for the rights of all Guyanese; this is a test case to us. Whether it is concluded before the elections or not, it is not important for us but we have to get a ruling on this matter all the way maybe to the [Caribbean Court of Justice] CCJ,” Jagdeo stated.
He also questioned why the Police did not interview the alleged perpetrators though they were seen on television denying the alleged forgery. Jagdeo, reading from the Police report on Thursday, said one of Prime Minister Moses Nagamootoo’s family members tricked Hemraj Mohadeo, Anita Mohadeo and Parvattie Thomas into backing the AFC.
Questioning the dismissal of the case, the Opposition Leader queried whether there is a new parameter for forgery: “So now trickery, forgery, misleading people and deception is not really deception unless you hold the person’s hand and force him to sign the paper… Nagamootoo through trickery said that the document had nothing to do with elections and got Ryan Mohadeo to sign the document… that’s a new parameter for forgery, if you do not hold the persons hand and force him to sign the document then you cannot be committed or charged for forgery any longer,” Jagdeo said.
Shafraz Beekham, of Letter Kenny Village, Corentyne, and 49 other persons from the Bloomfield/Whim, Corentyne area, filed affidavits saying they were misled into believing that they were supporting a party of their choice when in reality, they actually were “misled” into signing AFC’s nominator lists. The PPP’s legal suit was filed on behalf of Beekham.
