Full court set to rule in elections petition appeal

Nov 18, 2017 News

Chief Elections Officer: Keith Lowenfield

The Full Court presided over by Chief Justice (ag) Roxanne George-Wiltshire and Justice Franklin Holder, has reviewed written submissions. It will soon announce a date for decision in an appeal that was filed in relation to a previous ruling in the election petition case levied by PPP/C Parliamentarian, Ganga Persaud.

Yesterday, the Chief Justice announced that the court needed no clarification after reviewing the submissions laid over by the parties; attorney-at-law, Judy Stuart-Adonis for Attorney General, Basil Williams SC; attorney-at-law, Roysdale Forde for Chief Elections Officer, Keith Lowenfield; and attorney-at-law, Rajendra Jaigobin for Persaud.

Kaieteur News understands that notices will be sent to the parties involved informing them of the date for ruling in the matter.

The petition filed on behalf of the PPP/C seeks to challenge the validity of the outcome of the 2015 General and Regional Elections.

Following the outcome of May 2015 elections, Persaud underscored that the elections were not held in conformity with the Constitution of Guyana and the representation of the Peoples’ Act, Chapter 1:03. He essentially requested a recount of all ballot boxes for the last elections and fresh elections were also called for.

The Chief Elections Officer had described the petition as frivolous and vexatious; embarrassing and oppressive and an abuse of the process of the Court. He said too that the petition discloses no reasonable cause of the action and asked for it to be struck out.

But before demitting office last year, Former Chief Justice (ag), Ian Chang overruled Lowenfield’s summons to have the petition struck out.

Justice Chang had ruled that the summons to strike out the petition was premature and therefore the court should proceed in hearing it.

Forde filed an appeal and further disclosed that Chang erred in law when he failed to direct his mind to the summons and to apply the proper principles applicable to the striking out of the petition. Forde outlined that the learned Judge erred in law when he made a finding and determination with respect to Article 163 (1) of the Constitution of Guyana and its relationship with Section 42 of the National Assembly Validity of Election Act, Cap. 1:04 without affording the Appellant an opportunity of responding to the said finding.

Persaud, who was appointed Elections agent on the list of candidates for the PPP/C had claimed that the elections were “unlawfully conducted” and that the results of the elections were affected or might have been affected by unlawful acts or omissions.
Following the outcome of May 2015 elections, the Parliamentarian underscored 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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