No-Confidence Motion appeal… CCJ petitioned to hear new evidence on Charrandass Persaud

Jun 08, 2019 News

The Caribbean Court of Justice (CCJ) has concluded hearing arguments in the consolidated appeals in the no-confidence motion cases. However, the CCJ in an order granted on Wednesday indicated that the matter will be opened to take new evidence which was recently made availableto Attorney General Basil William. The CCJ says that the evidence is credible and may have an important influence on the outcome of the appeals.

Charrandass Persaud

The evidence has to do with a programme titled ‘Conflict of Interest of Guyana’ posted on YouTube in which expelled Alliance for Change (AFC) Parliamentarian, Charrandass Persaud, was reportedly heard admitting that he was fully aware that people with dual citizenship were not allowed to sit in the National Assembly.
In an affidavit sworn to by State Solicitor Jennifer McCalman, she said that during the programme Persaud was asked by the moderator, “Did you know that you could not sit in Parliament because of dual citizenship or whatever reason?”
According to McCalman, Persaud responded, “I knew that people with dual citizenship could not hold a seat in parliament. That was a given; that’s a constitutional article that we can’t get away from. What I did in fact argue, and when I told Khemraj, I said ‘I have a Canadian passport.’ Khemraj said, ‘Rass with you; a lot of people have Canadian passports. Look at Gail Teixeira and that’s what he said.”
Further, the State Solicitor said that she recognized Persaud from the video because she has known him for over 19 years since they studied together at the University of Guyana. She said that she was informed by Williams that he is familiar with Persaud’s voice having heard him speak in the National Assembly.
According to McCalman she was also informed by Williams and verily believes that he was unaware of the programmes until June 3, 2019 when it was brought to his attention by one Sean Ramdeholl.
She pointed out that in order to make out its case at the CCJ, Williams relied on circumstantial evidence to infer that Persaud knew he could not vote in the National Assembly on December 21, 2018.
Nevertheless, she stated that Williams shared the link to the video with Belizean Senior Counsel, Eamon Courtenay, who advised that an application should be made to the court for consideration of the new evidence.
Describing the programme, McCalman said, “The programme was styled a town hall meeting and persons were allowed to call into the programme. Mr Persaud called into the programme and when he did his picture and name were placed on the screen and his voice could be heard.
“From what I heard and observed Mr Persaud spoke freely and appeared to be relaxed and open in his responses to the issues raised with him.”
Thus far, Joseph Harmon, Carl Greenidge, Rupert Roopnaraine and Dominica Gaskin held ministerial positions in the government. They all resigned because they were dual citizens.
Opposition Parliamentarians Odinga Lumumba, Adrian Anamayah and Gail Teixeira, were also dual citizens.
In a split decision, Chancellor of the Judiciary Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory held that 34 votes, which constitute an “absolute majority” of all members of the National Assembly, were needed for a motion to be successfully passed.
The Appellate Judges held that in calculating the “absolute majority”, the 65 members of the National Assembly had to be divided by two, which would result in 32.5, but since the .5 represents half and there is no half-member, that number needs to be rounded off to 33, and add one more, making the majority 34—an absolute majority—which is needed to topple a government.
The Court of Appeal essentially reversed a ruling made by Chief Justice Roxane George who held that 33 votes were needed for the motion to be successfully passed. The Chief Justice had ruled that its passage should have triggered the immediate resignation of the President and Cabinet.
On May 9 and May 10, the CCJ heard arguments in the appeal. Thereafter, President of the Court Adrian Saunders said that the court will take some time to deliberate on a judgment and notices will be sent for decision.

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