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Outgoing CJ to rule on aspects of Elections Petition, Technocrat Ministers matters
Outgoing Chief Justice (Ag) Ian Chang is likely to complete aspects of two critical court cases, before he officially retires in February 2015.
Prior to taking leave, Justice Chang had been presiding over a number of constitutional matters.
Among the cases is a petition challenging the results of May 11 Regional and General Elections and a motion to challenge the selection of two Technocrat Ministers; the outcome of both matters could have significant bearings on the nation.
Justice Chang proceeded on pre- retirement leave on December 15 last, leaving former Court of Appeal Judge Yonette Cummings Edwards to fill the position of Chief Justice (Ag). Kaieteur News understands however, that given the significance of the matters, Chang is likely to complete certain aspects of both matters before his retirement.
With regards to the Elections Petition, Chang was set to make a ruling on the summons filed to strike out the petition. The summons to strike out the Election Petition is among three summonses filed in the case.
The summons was filed by Attorney, Roysdale Forde in his representation of the Chief Elections Officer, Keith Lowenfield, a respondent in the matter.
Outgoing Chief Justice (Ag) Ian Chang
Forde had contended that sufficient material facts have not been provided in the petition challenging the recently concluded elections. The Attorney held that the petition is frivolous and vexatious. He requested that the elections petition be struck out on the grounds that sections of the petition failed to disclose reasonable cause of action. Anil Nandlall, in his representation of the petitioner, Ganga Persaud, also went to court for an 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. The summonses are being dealt as prerequisite to the substantive matter of the Elections Petition.
The Elections Petition was filed on behalf of Opposition MP Ganga Persaud, on June 23, last. In the petition, the applicant (Persaud), who was appointed Elections Agent on 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.
Persaud claimed that unrest, fake Statements of Poll (SOPs) and multiple voting were among several causes cited when the PPP/C filed its Elections Petition.
In regards to the case against the Technocrat Ministers, notices were set to be sent to parties involved regarding Justice Chang’s ruling on the issue of jurisdiction to hear the case.
The matter was filed by PPP member Desmond Morian. Morian questioned the appointment of APNU+AFC members Winston Felix and Keith Scott to Parliament as Technocrat Ministers, since according to him, their names were not extracted from the coalition’s list of candidates. He argued that they did not fit the criteria for the positions.
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