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Will CARICOM, Carter Centre, OAS, Commonwealth and other International observers be involved/present and would they be free from intimidation? Is Mingo involved in the counting? Would the PNC/APNU/AFC thugs be present before, during and after the count? Do they anticipate any more interruptions in counting/court cases? When would the count start? When is it projected to be completed? What assurances has GECOM provided that the Containers were not tampered with prior to the start of counting? Who would supervise the security of the Containers while the counting is taking place? Would the count be televised? 

FM

BREAKING: GECOM agrees for recount of ballots cast in all regions

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The Guyana Elections Commission (GECOM) on Friday agreed for a recount of the ballots cast in all ten administrative regions at the March 2, 2020 Regional and General elections.

The recount will be done in a chronological order, GECOM Public Relations Officer Yolanda Ward noted.

GECOM’s Public Relations Officer (PRO), Yolanda Ward

When the Commission met on Thursday at its High and Cowan Streets Office, Chair of GECOM, Retired Justice Claudette Singh reiterated her commitment made to the High Court to have a National Recount facilitated but this was met with recommendations, from the Government nominated-Commissioners, that legal guidance be sought ahead of any decision. Commissioner Charles Corbin was expected to submit a report on legal guidance received on the topic of a national recount at this stage of the elections.

Thursday’s meeting was the first since the Full Court ruled on March 31 that a Judicial Review of the decisions of the Elections Commission is not possible at this stage of the electoral process, and any challenge must be brought by way of an Elections Petition following the declaration of the results. A private citizen, Ulita Moore, had filed legal proceedings to block GECOM’s decision to facilitate a national recount, on the grounds that the Chief Elections Officer, Keith Lowenfield has already compiled his report, and a President of Guyana should be declared.

During the meeting, Justice (Ret’d) Singh reminded the Commissioners of the legal ramifications that currently face the Commission. “â€ĶChairperson of the Guyana Elections Commission, Justice Claudette Singh provided a brief background on the Court proceedings and explained that the contempt matter brought against her has not concluded but has been shelved due to her giving an undertaking to conduct a full national recount of all votes cast in the March 2, 2020 General and Regional Elections at the level of the Commission,”  Yolanda Ward explained in a statement on Thursday.

 

K

GECOM to put brake on recount after Court of Appeal’s decision on recount case

 

Justice of Appeal, Dawn Gregory.

The Guyana Elections Commission (GECOM) will not activate plans for a recount of votes cast in last month’s general and regional elections until the Court of Appeal on Sunday rules on whether the High Court can legally hear a judicial review of the commission’s decision to recount votes cast in last month’s general elections.

Attorney-at-Law, Kim Kyte for GECOM Chairman Retired Justice Claudette Singh told the court that GECOM Friday morning decided on a recount but would not go ahead until after the court’s decision on Sunday at 11 AM.

Appellate Court Judge, Dawn Gregory told lawyers representing the appellant, A Partnership for National Unity+Alliance For Change (APNU+AFC) candidate Ulita Moore, People’s Progressive Party (PPP) Representative of the List, Bharrat Jagdeo and GECOM Chairman, Retired Justice Claudette Singh that the decision would be handed down on Sunday at 11 AM.

Moore’s lawyer, Roysdale Forde, failed to secure an order prohibiting GECOM from deciding on a recount. After Singh’s lawyer, Kim Kyte said she was caught by surprise by the application as she was only learning of it for the first time in the courtroom. Kyte said she would need to consult with the GECOM Chairman before taking a position before the court.

Justice Gregory earlier in the proceedings tasked Kyte with informing the court of any developments that might render the Court of Appeal’s merely academic and nugatory.

Another of Moore’s lawyer, Keith Scotland of Trinidad and Tobago, argued that the need for a judicial review should be considered. “We have more than crossed the threshold of important and weighty issues,” he said. He added that the Full Court erred in law as evidence had been led to show that there was exceptional circumstance. “It was not whether the court was plainly wrong or erred in law. The Full Court just got it plainly wrong,” he said, adding that the Court has jurisdiction to hear the constitutional point.

Attorney-at-Law, Dr. Francis Alexis of Grenada, who is also part of Moore’s high-priced battery of lawyers, said his client’s case was not about affecting the election results. He contended that rule of law requires that the GECOM Chairman and Returning Officer be treated equally.

Dr. Alexis said the constitutional role of the GECOM Chairman and GECOM had been about to be usurped by the Caribbean Community (CARICOM) high-level team which should have supervised the recount. On that point Justice Gregory queried of Dr. Alexis if the Court finds that it has jurisdiction to supervise GECOM, whether it should be to merely point it to Article 162 of the Constitution that its role is to independently manage elections or to direct the commission to perform its functions under Article 177. In that regard, Dr. Alexis pointed to a Caribbean Court of Justice (CCJ) decision in Professor Eddy Ventose’s right to vote in Barbados’ elections.

Jagdeo’s lawyer, Mendes, said under Guyana’s constitution it is an election court, through an elections petition, that hears issues concerning  unlawful acts and omissions instead of being dealt with at an intermediate stage. He has continued to rely on Section 140 of the Representation of the People Act that prohibits any court from enquiring into deliberations and decisions of the commission.

The other judges hearing the appeal are  High Court Judge, Brassington Reynolds and Appellate Judge, Rishi Persaud.

K
Sheik101 posted:
cain posted:

Oh raaassss Siggy know good chune too.

Fifth dimension age of Aquarius. Remember this from guyana.

Oh My Goodness,  Aquarius. Thanks Sheik.

Sometime I find some of the songs from the 60s and  70s are difficult to hear again, like those from The Graduate.  Because they stir so much emotions during my early years in Canada. Lots of beautiful friends who went their different and unknown paths. Recently Barbara in Toronto who died from cancer.    

Tola
Dondadda posted:

Will CARICOM, Carter Centre, OAS, Commonwealth and other International observers be involved/present and would they be free from intimidation? Is Mingo involved in the counting? Would the PNC/APNU/AFC thugs be present before, during and after the count? Do they anticipate any more interruptions in counting/court cases? When would the count start? When is it projected to be completed? What assurances has GECOM provided that the Containers were not tampered with prior to the start of counting? Who would supervise the security of the Containers while the counting is taking place? Would the count be televised? 

As the 1972 Johnny Nash song says, "there are more questions than answers...."

Refresh your memory, Don: https://youtu.be/DDTvLldOgZs

FM
Gilbakka posted:
Dondadda posted:

Will CARICOM, Carter Centre, OAS, Commonwealth and other International observers be involved/present and would they be free from intimidation? Is Mingo involved in the counting? Would the PNC/APNU/AFC thugs be present before, during and after the count? Do they anticipate any more interruptions in counting/court cases? When would the count start? When is it projected to be completed? What assurances has GECOM provided that the Containers were not tampered with prior to the start of counting? Who would supervise the security of the Containers while the counting is taking place? Would the count be televised? 

As the 1972 Johnny Nash song says, "there are more questions than answers...."

Refresh your memory, Don: https://youtu.be/DDTvLldOgZs

Johnny Cash was right with 'There are more questions than answers ...'  Its no wonda we are confused most of the time.

There is guy in town name Johnny Johnny,  We are  still waiting to hear his last name.  

Tola
Tola posted:
Gilbakka posted:
Dondadda posted:

Will CARICOM, Carter Centre, OAS, Commonwealth and other International observers be involved/present and would they be free from intimidation? Is Mingo involved in the counting? Would the PNC/APNU/AFC thugs be present before, during and after the count? Do they anticipate any more interruptions in counting/court cases? When would the count start? When is it projected to be completed? What assurances has GECOM provided that the Containers were not tampered with prior to the start of counting? Who would supervise the security of the Containers while the counting is taking place? Would the count be televised? 

As the 1972 Johnny Nash song says, "there are more questions than answers...."

Refresh your memory, Don: https://youtu.be/DDTvLldOgZs

Johnny Nash was right with 'There are more questions than answers ...'  Its no wonda we are confused most of the time.

There is guy in town name Johnny Johnny,  We are  still waiting to hear his last name.  

 

Tola

One of the fundamental issues of the proceedings ....

"-- prohibit a court to obstruct or otherwise into the deliberations and decisions of GECOM --."

Section 140, subsections 1 & 2 ... Guyana Constitution ---

140.

  1. Except to the extent that jurisdiction in that behalf has been conferred, and the exercise thereof is required, by the Constitution or any law made under article~ÂĻ3 thereof (which provides for the determination by the Supreme Court of Judicature of questions as to membership of the National Assembly and elections thereto) and save as hereinbefore provided to the contrary, no question whether any function of the Elections Commission or of any of its members has been performed validly or at all shall be enquired into in any court.

 2. No evidence of any deliberations of the Elections Commission or communications between members of the Commission regarding its business shall be admissible in any court.

REPRESENTATION OF THE PEOPLE ACT

An Act to make provision for the election of members of the National Assembly under a system of Proportional Representation and for purposes connected therewith.

25TH, SEPTEMBER, 1964

Source -- http://pdba.georgetown.edu/Ele...Guyana/guyrep01.html

FM

@kp

So GECOM puts the brake on the recount pending the Court of Appeal decision on Sunday at 11am. If Ulita Moore wins the matter will be appealed to the CCJ. If she loses here is the shakedown after that. APNU Commissioners will ask the GECOM CHAIR to give them time to STUDY THE DECISION before they meet. GECOM CHAIR will agree as she always have, to their request. Then when they meet, it will be to decide the way forward. This Claudette Singh is a thug, the head of the rigging operations ably helped by her CEO and others.

By the way DAWN GREGORY is an incompetent brain dead APNU Judge who has connections in the Party.

FM
Last edited by Former Member

Don. For a little known MP Moore she has a lot of high priced lawyers. Sunday hearing is to see whether the case can be taken to the Highl court, this is embarrassing because Chairman Singh constantly depending on the courts decisions.  The courts are all biased politically , this saga will go on and on for awhile.

K
Last edited by kp
kp posted:

This thread was started by Sachin regarding  GECOM votes to__. 

You guys know how to derail a good thread , why not start one on music.  Django you deleted one of my post today why don't you correct this one. 

Sorry KP. Dondadda asked many questions that reminded me of that song. As it was popular since early 1970s I posted it to let members know what I meant. I WAS NOT derailing this thread.

FM
Gilbakka posted:
kp posted:

This thread was started by Sachin regarding  GECOM votes to__. 

You guys know how to derail a good thread , why not start one on music.  Django you deleted one of my post today why don't you correct this one. 

Sorry KP. Dondadda asked many questions that reminded me of that song. As it was popular since early 1970s I posted it to let members know what I meant. I WAS NOT derailing this thread.

Don't take worries, you are respected.

K
kp posted:

This thread was started by Sachin regarding  GECOM votes to__. 

You guys know how to derail a good thread , why not start one on music.  Django you deleted one of my post today why don't you correct this one. 

Sorry KP, me did not pay attention to the heading and was led astray  by a nameless posta. Where do me send de half bottle ah El Dorado 15  fa you inconvenience ? 

Tola

At least the government is consistent in its approach, they used the courts to stretch out their stay for  more than a year. The question is, what if the court now rules in favor of Moore and blocks the recount, validating Mingo's numbers. The next steps would be for the opposition parties to petition the CCJ to hear the matter. At that point, there may be no legal barriers to swearing in Granger, notwithstanding the CCJ hearing the case.  I believe that the govt has factored in sanctions and agreed among themselves that they would risk this inconvenience to the nation to continue their rule and enjoy all the perks that come with being in power. 

FM

Recount does not mean automatic declaration of winner- GECOM Commissioner, Vincent Alexander

 

Pro-coalition elections commissioners Desmond Trotman, Vincent Alexander and Charles Corbin.

Pro-coalition Elections Commissioner, Vincent Alexander on Friday said the results of a national recount of votes cast in the March 2, 2020 general elections would not necessarily be used to declare winner but he could not say whether that could mean fresh elections.

“That matter of what will happen at the end of the recount has not been addressed,” he told News-Talk Radio Guyana 103.1 FM/ Demerara Waves Online News when asked whether the results of the recount would be legal to declare a winner. He added that the talks so far have not focussed on the end of the process as yet. “That’s a question up in the air,” Alexander remarked.

Earlier Friday pro-People’s Progressive Party (PPP) Elections Commissioner, Sase Gunraj saw no need for GECOM to make it explicit that the results of the recount would be the basis for declaring a winner because that would be an automatic expectation.

Alexander told reporters that the the seven-member commission on Friday decided that the recount would be made in accordance with Guyana’s constitution ,” which says that GECOM can deal with its difficulties as it deems fit” in addition to Section 22 of the Representation of the People Act rather than provisions in that law dealing with a recount.

On the question of what would be the purpose of a recount if it would not be to arrive at a result, Alexander questioned, “if you have a corrupt elections and the recount bears that out, what’s the purpose of the recount?.”

He said “you would  have no choice” to declare a winner if the recount shows that the results are credible. “The recount is clearly to determine the final  count and the credibility of the process,” he said. Alexander said he was unprepared to state what would be so grave that results of the elections would be deemed “corrupt.”

“An election has to be premised on a free and fair process and if there is anything that questions the freeness and fairness, then it brings the election into question,” he said. Alexander said he has not addressed his mind to whether there should be  fresh elections as it seems to be more a “one day at a time process.”

But Gunraj said he expects that the results from the recount would be used as the basis for the final declaration. “That is implied in our decision for the recountâ€ĶThe method of the declaration is what has to be decided on but obviously the results of the recount shall be the results of the elections,” he said. He said the need for the recount emerged because of the currently “flawed process” that Guyana is faced with.

PPP GECOM Commissioners: (left to right) Sase Gunraj, Robeson Benn and Bibi Safora Shadick

He said the effect of a recount now means that the 10 regional/ district declarations would be set aside. “Those will not form the basis for the results of the elections,” said Gunraj.

Due to the fact that GECOM would use the constitution, Alexander said GECOM’s administration headed by the Chief Elections Officer, Keith Lowenfield required “clear instructions on what we mean by a recount and how we will proceed with a recount.”

Issues to be dealt with include the fact that it would be a GECOM-supervised recount, an order to  be issued to the administration, and whether the recount would mean a recount of the votes or whether all the material in the ballot boxes such as the proxies and people who voted without identification cards would be considered.

“I think there is a fair consensus that that has to happen so in a sense, while we have agreed to a recount, we are still considering the modalities under which the recount will be done and it is clear it will not be a mere numerical recount. It will be an examination of all that took place based on what’s now in those boxes,” Alexander said.

Against the background of deep-seated and wide-ranging concerns about the credibility and transparency of the results that  have been declared for Region/ District Four by Returning Officer, Clairmont Mingo, commissioner Alexander said the GECOM-supervised recount does not include the Returning Officers.

K

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