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Lawyer still to receive $$$ millions for services rendered in Elections Petition

Oct 13, 2015 News

Attorney – at – Law, Sapheir Hussain is demanding payment in taxation cost amounting to $11 million against the Guyana Elections Commission, (GECOM), for services rendered in the 1998 Elections Petition.
In the petition, Hussain had represented Asgar Ally of the Guyana Democratic Party.  Ally was named as one of the respondents in the case which was brought against the GECOM by Georgetown resident, Esther Pereira.
In 1998, Pereira, a supporter of Peoples National Congress Reform, PNC/R went to the High Court to  challenge the outcome of Regional and  General Election, held the previous year.
The petitioner had cited Articles 60, 162 and 163 of the Constitution, the Representation of the People Act Cap. 1:03 and the National Assembly (Validity of Elections) Act Cap. 1:04 claiming that the elections were not free, fair and valid and the results were affected.
Twelve persons were named as respondents, including the then Chief Election Officer; and Chairman of the Elections Commission, Doodnauth Singh, along with the representatives of the ten parties that took part in the elections. The petition was heard by Justice Claudette Singh.
The hearing of evidence took more than two years and concluded on the 22nd May 2000. Addresses to the Court by the lawyers lasted three months. The trial judge thereafter gave a 77 page judgment on the 15th January 2001 and made further oral orders on the 26th January 2001.
Justice Singh in her ruling declared that the elections law amendment act No. 22 of 1997 is ultra vires Articles 59 and 159 of the Guyana Constitution and as a consequence the said act is null and void.
The judge also declared that the elections were not conducted in accordance with the provisions of the Representation of the People Act Chapter 1:03 and articles 59 and 159 of the Constitution of Guyana and are therefore unlawful.
The ruling resulted in fresh elections before the stipulated time.
In the ruling, the court further determined that cost incurred in the petition be taxed and paid by GECOM to counsel for the petitioner and Senior Counsels for the Respondents ,including Attorney -at –law, Hussain for his representation of  Ally, the  8th named Respondent in the case.
However, it has been more than 14 years since the case concluded and the order was made, but the Attorney is yet to collect the payment in taxation cost, which amounts to some $11 million.
Hussain has since made scores of written and oral demands for taxation of cost.
On Thursday, the lawyer issued fresh correspondents demanding payments relative to his involvement in the Elections Petition.
In the letter, addressed to the Registrar of the Supreme Court, the lawyer expressed beliefs of an apparent breach in the rule of law and a conspiracy of the Registrar, Elections Commission and the then  Government, not to  comply  with the order of the court and pay the required taxed cost.
In correspondents addressed to the President, Attorney General and the Chairman of GECOM, an evidently, frustrated Hussain had demanded taxation cost within 48 hours. He warned that failure to do so would result in him seeking further court action, which will compel the parties involved to carry out the statutory order.

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