Govt. appeals CJ’s no-confidence judgements

Feb 06, 2019 News

Government has appealed the recent judgments of Chief Justice (ag), Roxane George.

The Court of Appeals, Kingston

In filings released yesterday, the Attorney General and Ministry of Legal Affairs, cited dissatisfaction of the Government over the judgments.
It named Dr. Barton Scotland, Speaker of the National Assembly of Guyana and Bharrat Jagdeo, Leader of the Opposition. Also named was Christopher Ram.
The appellant is the Attorney General.
In the Notice of Appeal, it was argued that Government is dissatisfied with the decision of the High Court in judgment of Chief Justice George made on January 31.
The grounds of the appeal are that the CJ “erred and misdirected herself in law when she ruled that on 21st December, 2018 the National Assembly of Guyana

AG Basil Williams

properly, validly and lawfully passed a motion on a vote of confidence provided for by Article 106 (6) of the Constitution in which the Government was defeated.”
The AG said that the Chief Justice erred and misdirected herself in law when she ruled that the passage of the motion of no confidence provided for by Article 106 (6) of the Constitution by the National Assembly on 21st December, 2018 requires that the Cabinet shall resign on 21st December, 2018.
“The Honourable Chief Justice Roxanne George erred in law and fact and the decision of the Honourable Chief Justice Roxanne George- Wiltshire was unreasonable and cannot be supported having regard to the evidence. Further grounds of Appeal will be filed when the judgment of the Honourable Chief Justice Roxanne George-Wiltshire becomes available.”
Government is also asking an order setting aside the decision of the CJ made on the 31st Ja

CJ Roxane George

nuary, 2019 in Action No. 2019- HC-DEM-CIV-FDA-29 and all consequential orders made thereunder.
The judgments of the CJ had come after Government faced an opposition-tabled no-confidence motion.
In a shock vote, Government parliamentarian, Charrandass Persaud sided with the Opposition with his single yes triggering a Constitutional crisis.

Government contended that the 33-32 vote which the Speaker ruled was carried could not have been a majority to have carried the vote.
It also contested the fact that MP Persaud had dual citizenship and therefore could not have sat in the National Assembly.
Government had said that it will appeal those judgments of January 31st and go all the way to the Caribbean Court of Justice.
The Opposition has been upping the pressure for early election with a 90-day period as a result of the no-confidence vote.

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