Dazzell under more fire at GECOM
…accused of misleading CCJ on the commission’s representation
GUYANA Elections Commission (GECOM) Legal Officer, Attorney-at-Law, Excellence Dazzell, reportedly misinformed the Caribbean Court of Justice (CCJ), on the commission’s position in the consolidated appeals to the Court of Appeal’s decision to invalidate the no-confidence motion brought against government last December.
This new claim was made public at a time when the government-nominated GECOM commissioners are calling for Dazzell to be investigated for providing a legal opinion on the state of Official List of Voters without sanctioning from the commission. One commissioner has described it as an “act of deceit.”
On Tuesday, moments after GECOM’s statutory meeting ended, Government-nominated Commissioner, Vincent Alexander, said the commission is dissatisfied with Dazzell’s handling of the CCJ matter. The President of the CCJ, Justice Adrian Saunders, had instructed that GECOM be added as a party in the appeals.
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In April, during the pre-trial hearing of the consolidated appeals, Dazzell informed the CCJ that the Elections Commission will respect its decision, and as such, no submissions would be made. But according to Alexander, this was not the instruction that was given to Dazzell.
According to him, GECOM’s attorney in the matter, Senior Counsel Stanley Marcus, had advised Dazzell to inform the CCJ that a lawyer was appointed on the commission’s behalf and submissions would be made. But Dazzell did the opposite.
“She claimed that there was a misinterpretation in the communication and she advised the CCJ that we are not making a submission,” Alexander told reporters.
In Trinidad and Tobago, during the hearing of the consolidated appeals at the CCJ, Senior Counsel Marcus told the Guyana Chronicle that he had subsequently written to the CCJ requesting permission to make oral submissions. It was on that basis that GECOM was given an opportunity to state its position on its preparedness for General and Regional Elections, in the event the no-confidence motion is validated by the CCJ.
Marcus informed the court that the Elections Commission could only facilitate General and Regional Elections after October, 2019. The attorney informed the court that the Elections Commission unanimously voted to revise the Official List of Voters through the conduct of national registration. With the Official List of Voters reaching its expiration on April 30, 2019, the process of House-to-House registration becomes even more critical.
CONCERNS GROW
Alexander told reporters that Dazzell’s recent actions came up for discussion during the statutory meeting. “It has two elements to it, the substantive element and the procedural element, but I think the greater concern coming out this meeting was the procedural elements,” he explained.
The government-nominated commissioners have remained strong in their position that Dazzell needed the approval of the commission and not on the request of a single commissioner, to offer legal advice on the now-expired List of Voters.
Opposition People’s Progressive Party Civic (PPPC)-nominated commissioner, Bibi Shadick, had requested legal advice on the matter. On May 13, 2019 the legal officer, in offering her legal advice during a statutory meeting, indicated that there could be an alternative to House-to-House Registration for the generation of a new List of Voters in an effort to have earlier elections. However, she had made a written submission to the Chairman of GECOM, Justice (Ret’d) James Patterson prior.
“We have a problem with the fact that this opinion was lying around apparently and came at a very conspicuous time to our attention. Procedurally, there are some concerns which have remained unaddressed,” Alexander said. The legal officer is reportedly contending the advice was given to the chairman before the Official List of Voters expired on April 30, but the chairman said he cannot recall the date of the submission.
Asked whether the commission would consider Dazzell’s advice, Alexander said the matter is now sub judice. “I don’t think that the legal opinion is before us for consideration at this time. Because these are matters which are being determined in the court at this time,” Alexander said. He further added, “for all intents and purposes, we are not discussing the substance of that opinion at this time,” noting that the matter is now “water under the bridge.” House-to-House Registration continues in keeping with the Elections Commission’s 2019 work programme.