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Attorneys for Misenga Jones still to decide on approach to CCJ

-as stay of Appeal Court’s ruling expires

Roysdale Forde
Roysdale Forde

The 24-hour stay of the ruling of the Appeal Court, which dismissed a challenge to the use of the results of the national recount to make a final declaration from the March 2nd polls, has expired with no further action being taken as yet.

 

Attorney Roysdale Forde, who represents the appellant Misenga Jones and who requested the stay to β€œconsider the way forward,” told Stabroek News this afternoon that no decision has been made about whether to approach the Caribbean Court of Justice (CCJ).

In a unanimous judgment, Justices of Appeal Dawn Gregory and Rishi Persaud and High Court Judge Priya Sewnarine-Beharry on Thursday dismissed Jones’ appeal as well as the cross appeal identical to hers filed by Attorney General Basil Williams. The granting of the stay, which was done by majority decision, had been objected to by counsel for several respondents, including the lawyer for Guyana Elections Commission (GECOM) Chair Claudette Singh, Kim Kyte-Thomas, who voiced her frustration at the β€œuntenable” moves to frustrate the work of the elections body.

The appellate court affirmed last week Monday’s ruling of acting Chief Justice Roxane George-Wiltshire that it is the results from the recount and nothing else which must be used to make an official declarationThe court also upheld the chief justice’s decision that Chief Election Officer (CEO) Keith Lowenfield is under the direction and control of the Commission and must, therefore, act in accordance with its instructions.

Jones, believed to be a surrogate for the APNU+AFC, had contended that the Commission and its Chairperson could only make a declaration from the report submitted by Lowenfield based on declarations he received from the Returning Officers (ROs) of each of the 10 electoral districts as opposed to the results of the recount.

Following the ruling on Thursday, APNU+AFC campaign manager Joseph Harmon maintained that when the matter goes to GECOM that only valid votes will be counted in the final declaration made by the Chairman of GECOM.

 

Harmon appeared to make thinly veiled accusations against the three members of the bench, claiming he did not expect much given the composition of the panel and that their ruling was not β€œsound in law.”

 
@Ramakant-P posted:

This soap opera has to come to an end and democracy has to prevail. You need to count the votes which were tabulated at the recount- Ralph Gonsalves, CARICOM Chairman.

Rama, do you know where you stand on the stalemate of the 2020 election or you repeating what others are saying? It seems you have joined the Bookman (D_G) to give us lectures that sound good and mean nothing.

@Baseman posted:

For kicks maybe for him. However, people are suffering immensely and some on the brink of starvation. This is not a matter of kicks, but life and death. 

I agree and my guess is that he agrees with you too. But it is quite amusing watching the Coalition lawyers guided by Williams make monumental fools of themselves. I watch a lot of shows of non-Coalition people and they don't seem panicky over the current situation. They seem to understand that there is an endpoint and it is not in the PNC favor. As leader of the PPP Jagdeo seems very focused and firm and all the other party members seem on course. Even the personalities of the other arties understand that the PNC will not get away with their attempt to rig the elections. Mercury seems to be earning their pay more than LL Bean & Co., I mean JJ&B LLC which has been abysmal as a representative. They sould return most of their pay to APNU, I mean the Guyanese Treasury.

Let's see what happens tomorrow. The Chairperson needs to be more assertive and demand a report by noon tomorrow and if not Lowenfield needs to be fired and replaced by someone willing to follow the direction of the Commission. Lowenfield is scheduled back in court on Aug 14 so he shouldn't add more burden to his case.

I have had a slight change of heart. Instead of asking Lowenfield for his report by noon, the PPP Commissioner should table a motion for his dismissal immediately after the commencement of the meeting at 10 AM. He has been given sufficient opportunities to follow instructions. Then the Chairperson should appoint someone else and direct them to present their report by noon to be voted on. This can all be wrapped up by Monday.

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