Avoid court of public opinion in legal challenge over GECOM chairmanship

Avoid court of public opinion in legal challenge over GECOM chairmanship – CJ

Nov 17, 2017 News

Chief Justice (Ag) Roxane George Wiltshire yesterday cautioned lawyers to avoid the court of public opinion in the matter attracting the legal attention over the appointment of a Chairman for the Guyana Elections Commission (GECOM).

Attorney General Basil Williams following the hearing yesterday.

Justice George Wiltshire was at the time addressing Attorney General Basil Williams, Attorney- at -law, Anil Nandlall and their respective teams at the first hearing into the matter.
Yesterday‘s hearing attracted a public demonstration outside the High Court from what appeared to be a group of pro-government supporters.
Given the commotion surrounding the matter, Justice George Wiltshire urged the lawyers to be careful with any comments related to the case.
“Persons are free to comment, but they must not be contemptuous,” the judge said, expressing concerns over headlines in recent news reports over the matter.
The Chief Justice (CJ) warned that she would not want to issue a gag order in the matter. She then set a timetable for the case to commence, telling attorneys from both sides to be ready with their arguments for January 9, 2018. Justice George-Wiltshire also told the lawyers that all their written submissions should be filed before that date.
Last month, PPP/C Executive Member and Member of Parliament Zulfikar Mustapha, through attorney Anil Nandlall, mounted a legal challenge over the unilateral appointment of retired Justice James Patterson, as Chairman of the Guyana Elections Commission (GECOM).
The PPP MP is seeking to have the appointment quashed. Mustapha is claiming that among other things, Patterson was a pallbearer at the funeral for former President and PNC leader, Desmond Hoyte, and is a member of a social media group affiliated with the PNC.
Mustapha is seeking a declaration that Justice Patterson’s appointment is in violation of and contrary to Article 161(2) of the Constitution and is accordingly unlawful, illegal, unconstitutional, null, void and of no effect.
Further, Mustapha is seeking a declaration that Justice Patterson is not qualified to be appointed as the Chairman of GECOM in accordance with and in pursuance to Article 161(2) of the Constitution; and an order directing the President to choose a person from the eighteen names submitted to him by the Leader of the Opposition, Bharrat Jagdeo.
Jagdeo had presented 18 names in total to President Granger, but none were deemed acceptable by the President, which led to Patterson’s appointment.
Mustapha is contending that Patterson cannot be or appear to be politically impartial and independent in the discharge of the functions of his office on several grounds, including that he is a member of the Advisory Committee on the Prerogative of Mercy appointed by the President; an advisor to the Attorney General and Minister of Legal Affairs appointed by the President, the Attorney General or someone in the President’s Government; was appointed by the President to head a Commission of Inquiry into a prison break at Georgetown, Guyana, during the month of July, 2017; and was appointed by the President to be part of a panel reviewing applications for the positions of Chief Justice and Chancellor of the Judiciary.

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