Skip to main content

Vote recount order collides with election law- Caribbean Court judge, ANUG lawyer

 

Justice Jacob Wit

A Caribbean Court of Justice (CCJ) judge and a lawyer representing A New and United Guyana (ANUG) political party say the gazetted national vote order conflicts with one of key election laws.

The CCJ will next Wednesday decide whether it has jurisdiction to hear an appeal by the People’s Progressive Party (PPP). That appeal is against  a decision by the Guyana Court of Appeal that the reference to more votes in Guyana’s constitution votes means more valid votes and should be read along with the recount order, number 60 that deals with the reconciliation of ballots with voters’ lists, counterfoils and stubs.

But already Justice Jacob Wit has frowned on the decision by the Guyana Court of Appeal, saying it changes the meaning of the word “valid” in the Representation of the People Act and the Constitution.

He says that forms the basis for the Chief Elections Officer to arrive at different figures for the outcome of the general and regional elections.

“Now if you give a different meaning to the word “valid” in the constitution in Article 177(2), then you would change the Representation of the People Act in the same swoop because, as I understand the Chief Elections Officer changed, came up with a very different tabulation  which is not in accordance with the Representation of the People Act,” said Justice  Wit.

Justice Wit cautions against the Guyana Court of Appeal decision. “So, once you change the meaning of a word , then I think we all agree that it should be valid votes but once you change that meaning then it has repercussions on other legislation and it would seem to me that that would not be within the jurisdiction of the Court of Appeal and it will be very dangerous if that could  be done in this way; seems to me,” he said.

Senior Counsel, Ralph Ramkarran, who is representing ANUG, says the Recount Order cannot go against any law such as the Representation of the People Act. He has told the panel of CCJ judges that valid votes can only mean what it says in the Representation of the People Act not in the order of recount which A Partnership for National Unity+Alliance For Change (APNU+AFC) supporter Eslyn David is relying on.

Ramkarran disagreed with David that the “quality of the vote” must be in keeping with the Recount Order which refers to “final and credible” and “final credible” vote. “Your Honour, but the Order of Recount is subsidiary legislation  and in our Interpretation and General Clauses Act, it provides that no subsidiary legislation shall be inconsistent with the provisions of any Act.

Ramkarran says more valid votes can only mean what the Representation of the People Act states. “Final and credible cannot be interpreted to mean anything else than valid. Final and credible cannot add an additional layer of credibility on the meaning of “valid” that Ms. David seeks that we apply. At the end of the day, the interpretation of the Court of Appeal of more votes meaning more valid votes can only mean valid votes in terms of the Representation of the People Act,” he said.

Justice Wit asked whether the Chief Elections Officer, Keith Lowenfield interpreted the decision of the Guyana Court of Appeal or his decision “fantasy.” Lowenfield, based on the advice of the local Court of Appeal’s decision, has already provided a tabulated report of the results based on his subtraction of 115,000 votes from the 460,352 votes that had been recounted. Based on his calculation, APNU+AFC won the election by one seat. However, if all of the votes are used,   the People’s Progressive Party (PPP) can be declared the winner by 15,000 votes ahead of APNU+AFC.

Ramkarran urged the CCJ to order that Lowenfield’s letter is “null and void” and state what are the “valid results” of the elections are to end the now four-month long battle over what should be the official declaration. “Unless this court takes the position on what the valid results iof the elections are; if this court seeks to kick the election can down the road, and not go down that road itself , we will be here very shortly…for this court to once again to pronounce on the elections in Guyana,”

hhttp://demerarawaves.com/2020/07/02/vote-recount-order-collides-with-election-lae said.

Original Post

“Now if you give a different meaning to the word “valid” in the constitution in Article 177(2), then you would change the Representation of the People Act in the same swoop because, as I understand the Chief Elections Officer changed, came up with a very different tabulation  which is not in accordance with the Representation of the People Act,” said Justice  Wit.

Justice Wit cautions against the Guyana Court of Appeal decision. “So, once you change the meaning of a word , then I think we all agree that it should be valid votes but once you change that meaning then it has repercussions on other legislation and it would seem to me that that would not be within the jurisdiction of the Court of Appeal and it will be very dangerous if that could  be done in this way; seems to me,” he said.

PNC cork duck.

Lolofiled illegal declaration cork dead.

Last edited by Sean
@Django posted:

How about ballot box stuffing ?

Yeah, mercury was inside the steel container stuffing the boxes. 

The polling station: not a single Gecom staff, observers, polling agents from APNU and the smaller parties can provide a single evidence of stuff boxes. So it had to be in the steel container that APNU put their locks on. 

We very very smart. 

@Django posted:

That's easy in Guyana , think out side the box.

Oh Rass, this response reminds me of APNU lawyers as they answer question to CCJ judges... no wonder Saunders take a break immediately after Basil presentation... 

Anyhow, you wasn’t thinking outside the box before the election and when Mingo declare APNU win on both occasions  ... I thought so. 

Last edited by Former Member
@Django posted:

Why the person have to use a middle man to post on the forum ?

Can't make up their mind instantly after few minutes there are additions to post.

I make the addition, the system allows me to. how foolish are you. Grow up big man and act as a responsible adult... your own words. 

It’s your forum, you are insulting members who uses the features you as the owner provide. Oh, I forget... this form was already developed for you ... you may not know its available. 

But then again, YOU Django edit your own response. Unless someone was posting for you. But what the heck, who cares. 

 

@Former Member posted:

It’s your forum, you are insulting members who uses the features you as the owner provide. Oh, I forget... this form was already developed for you ... you may not know its available. 

But then again, YOU Django edit your own response. Unless someone was posting for you. But what the heck, who cares. 

That's your response ,to my post .Looks like the cap fits.

@Django posted:

Why the person have to use a middle man to post on the forum ?

Can't make up their mind instantly after few minutes there are additions to post.

@Former Member posted:

It’s your forum, you are insulting members who uses the features you as the owner provide.

Oh, I forget... this form was already developed for you ... you may not know its available. 

But then again, YOU Django edit your own response. Unless someone was posting for you. But what the heck, who cares.

That's your response ,to my post .Looks like the cap fits.

The second sentence tells the mindset ,sounds like bitterness.

@Former Member posted:

I make the addition, the system allows me to. how foolish are you. Grow up big man and act as a responsible adult... your own words.

@Django posted:

That's your response ,to my post .Looks like the cap fits.

The second sentence tells the mindset ,sounds like bitterness.

@Former Member posted:

You en make sense big man. 

Yep I know !!

@Django posted:

That's easy in Guyana , think out side the box.

You have not fulfilled my request. The only outside of the box I can think of is what both Mingo and Lowenfield were trying to do, add or subtract numbers. Since you know how to stuff ballot boxes, again, please share this information.

Long Live Democracy.

@Former Member posted:

You reminds me of Lampy and Pampy. Tek it easy big man. 

I know them bhais ,in your mindset have no brains ,is it something to do with  the outer feature of wood ants nest ?

@BGMAN posted:

You have not fulfilled my request. The only outside of the box I can think of is what both Mingo and Lowenfield were trying to do, add or subtract numbers. Since you know how to stuff ballot boxes, again, please share this information.

Long Live Democracy.

No matter what explanation given ,it will never be believed that it can be done ,only one Political Party in Guyana are branded the masters in the art of voting manipulation. Bhai , BGMAN ,there are ordained righteous  and ordained wrongdoers.

@Django posted:

Why the person have to use a middle man to post on the forum ?

Can't make up their mind instantly after few minutes there are additions to post.

Django, why would you make such an allegation about a poster, when you would not want other to accuse you of doing. If you have the proof, show it. But don't be Willie, Nellie with your words.

 

@kp posted:

Django, why would you make such an allegation about a poster, when you would not want other to accuse you of doing. If you have the proof, show it. But don't be Willie, Nellie with your words.

 

Noticeably always comes to defend ,it's factual just read the post.

If, as the caption suggests ,"vote recount order collides with election law" does it mean the recount was unlawful.  Wasn't it James Bond who said that and people accused him of trying to stop the recount?  Now that supposedly Ramkarran and a CCJ judge are saying the same thing it is earth shattering wizardry. 

Last edited by Django

It is a travesty of natural justice to write off the votes of 15,844 innocent citizens with the stroke of a pen or deliberate omission as Lowenfield has done.

I can imagine how those 15,844 folks are feeling to know that after making time and taking effort on March 2 to present themselves at their respective polling stations and casting their ballots with very high hopes, everything has been discarded and counted for ZERO by Lowenfield.

Massive injustice that will not succeed ultimately.

@Former Member posted:

It is a travesty of natural justice to write off the votes of 15,844 innocent citizens with the stroke of a pen or deliberate omission as Lowenfield has done.

I can imagine how those 15,844 folks are feeling to know that after making time and taking effort on March 2 to present themselves at their respective polling stations and casting their ballots with very high hopes, everything has been discarded and counted for ZERO by Lowenfield.

Massive injustice that will not succeed ultimately.

Gill, I think you meant 115,000 VOTES.

@Django posted:

No matter what explanation given ,it will never be believed that it can be done ,only one Political Party in Guyana are branded the masters in the art of voting manipulation. Bhai , BGMAN ,there are ordained righteous  and ordained wrongdoers.

The only party I can think of is the PNC. From 1968 to 1985 , they took out the opposition ballots and stuffed the boxes with PNC votes. There is still an outstanding election petition for the 2015 election. Come 2020, the PNC is attempting to rig again. The PNC has never won an election on its own. I am still hoping that you will give an explanation.

Long Live Democracy.

@Former Member posted:

It is a travesty of natural justice to write off the votes of 15,844 innocent citizens with the stroke of a pen or deliberate omission as Lowenfield has done.

I can imagine how those 15,844 folks are feeling to know that after making time and taking effort on March 2 to present themselves at their respective polling stations and casting their ballots with very high hopes, everything has been discarded and counted for ZERO by Lowenfield.

Massive injustice that will not succeed ultimately.

Correction: I mean 115,844 voters. 

@BGMAN posted:

The only party I can think of is the PNC. From 1968 to 1985 , they took out the opposition ballots and stuffed the boxes with PNC votes. There is still an outstanding election petition for the 2015 election. Come 2020, the PNC is attempting to rig again.

The PNC has never won an election on its own.

I am still hoping that you will give an explanation.

Long Live Democracy.

Actually before elections the numbers was fixed for Elections between 1968 and 1985 , no need to stuff ballot boxes.

Everyone knows the PNC can't win elections without coalition with other Political parties.

If you have the time ,check on GECOM website for Election Day Manual ,then view the reports of the live video recount tabulation ,you will get an idea how irregularities can be done. I have 2011 and 2015 Elections Results for each polling station through out the country ,they are PDF files which i converted to spreadsheet, it gives an idea of voting patterns. If you are interested i can PM the files.

Last edited by Django