Lawyer continues arguments to strike out elections petition

Sep 29, 2015 News

Attorney-at- law, Roysdale Forde continued arguments yesterday contending that sufficient material facts have not been provided in the petition challenging the recently held General and Regional elections.
Forde had requested that the elections petition be struck out on the grounds that sections of the petition failed to disclose reasonable cause of action. He also argued that the petition is frivolous and vexatious.
The elections petition was filed on behalf of PPP/C member, Ganga Persaud, on June 23, last. According to the document, Persaud and members of the former government are questioning the validity of the May 11, 2015 polls which declared the APNU+AFC Government winners.
Persaud named the Chief Elections Officer, Keith Lowenfield, and leaders of the eight political parties, which contested the last elections as respondents, in the matter. The petitioner is being represented by Attorney-at-Law, Anil Nandlall.
Forde is representing the Chief Elections Officer in the matter.
Following an in Chamber proceeding before Chief Justice Ian Chang at the High Court, both Attorneys briefly spoke with the media.
While Forde essentially noted that he continued arguments to have the petition dismissed, Nandlall explained that the court is in the process of hearing the interlocutory applications (summons) before proceeding into the substantive matters of the petition.
Three summonses have been filed in relation to the elections. Among them is a request by Nandlall for a court order directing the Chief Elections Officer to produce the parcels of all elections papers and documents, including those he received from the Returning Officer of each electoral division under section 102 of the Representation of the People Act for inspection and examination for the purpose of the Elections Petition.
These would include all the electoral lists containing the names of the persons entitled to vote, all issued ballots, all unused ballots, all votes cast by electors, all Statements of Poll issued at specified polling divisions; all certificates of counting issued in respect to the votes cast at each and every polling division, and all polling books used at each and every polling station.
The matter is slated for continuation on October 6.
In the petition, the applicant (Persaud), who was appointed Elections Agent of the List of Candidates for the PPP/C, claimed that the elections were “unlawfully conducted” and the result of the elections was affected or might have been affected by unlawful acts or omissions.
He underscored that the elections were not held in conformity with the Constitution of Guyana and the Representation of the People Act, Chapter 1:03.
As such, the opposition essentially requested a recount of all ballot boxes for the last elections and fresh elections were also called for. The PPP/C had claimed that the entire electoral process was flawed; that it contained many procedural errors and instances of fraudulent and/or suspicious actions.
“Unrest, fake Statements of Poll (SOPs) and multiple voting were among several causes cited when the PPP/C filed its elections petition.”
The presence of “huge mobs” at several polling stations and other strategic places, particularly in Region Four, were also cited by the party as another cause for intimidation and fear which in turn “rendered it impossible for polling, counting agents and duly appointed candidates to carry out their duties and functions properly.

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Lawyer continues arguments to strike out elections petition

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