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Court case to block Lowenfield’s report adjourned to today – PPP, other parties join action
Justice Brassington Reynolds
Justice of Appeal Rishi Persaud
Justice of Appeal Dawn Gregory
The Court of Appeal yesterday handed down an order which effectively added the names of several political parties to the action filed by Eslyn David to block Guyana Elections Commission (GECOM)’s Chief Elections Officer Keith Lowenfield from submitting a report of the recount results.Among the parties granted permission to join the action as respondents were representatives of the People Progressive Party/Civic, (PPP/C) Change Guyana, The New Movement, (TNM) The Citizenship Initiative, (TCI) A New and United Guyana (ANUG) and the Liberty and Justice Party, (LJP).
On Wednesday, Attorney-at-Law Mayo Robertson, on behalf of his client, Eslyn David, approached the Court of Appeal to prevent the Guyana Elections Commission (GECOM)’s Chief Elections Officer Keith Lowenfield from submitting a report of the recount results to the Chair, Justice Claudette Singh; and in so doing, prevent her from declaring the results of the National Recount. Those results place the People’s Progressive Party Civic (PPP/C) well ahead of the governing coalition, A Partnership for National Unity + Alliance For Change (APNU+AFC).
The case was filed, just as Chief Elections Officer Keith Lowenfield was supposed to submit the report to the Elections Commission. No injunction was granted to halt the submission of that report, but Lowenfield refused to submit it anyway.
During the directions hearing held at the Appeal Court in Kingston, yesterday, Presiding Justices of Appeal Dawn Gregory and Rishi Persaud, along with High Court Judge Brassington Reynolds, delivered case management directions on how at least a dozen lawyers will file their additional submissions and affidavits in support.
Speaking to the attorneys involved in the matter via zoom conference, the judges gave the timelines for filings of submissions by each parties and how the oral arguments in the case will be delivered.
Among those entering appearances are Trinidad-based attorneys, John Jeremie, SC, Keith Scotland and Rondelle Keller: and Mayo Robertson and Roysdale Forde all of whom entered appearances behalf of David, the applicant.
Attorney Kim Kyte-Thomas was on record for the Chairman of the Guyana Elections Commission (GECOM), Justice retired Claudette Singh. The Chief Elections Officer, Keith Lowenfield, who is named as the first respondent, however did not have any legal representation.
Attorney General (AG) Basil Williams who is also listed as fourth respondent in the document entered an appearance on behalf of himself in association with attorney-at-law, Maxwell Edwards. Attorneys Devindra Kissoon, Sanjeev Datadin, and Anil Nandlall led by Trinidad-based Senior Counsel, Douglas Mendes appeared on behalf of PPP/C’s Presidential Candidate Irfaan Ali and Party General Secretary, Bharrat Jagdeo .
Senior Counsel Ralph Ramkarran and Timonthy Jonas appeared on behalf of Mark France of ANUG, Josh Kanhai of TNM, and Lenox Shuman of the LJP. Kashir Khan appeared in association with Mohamed Khan and Mishka Puran for Shazaam Ally of TCI and Ali Kindi of Change Guyana.
During the initial stage of the hearing Jeremie sought to object to the application for parties to be joined on the basis that he was uncertain of what their applications contained since he was not able to see or peruse those applications. He pointed out that it would be necessary part of the proceeding for him to be allowed to see the applications. However Justice Gregory noted that in the interest of time, the court decided to grant the applications.
Toward the end of the proceeding all adjoining parties agreed that their written submissions would be filed with the court by last evening. The Attorney-General however did not give a commitment to filing any response. He told the court that he would only do so if he deems it necessary.
The Judges noted that in keeping with the timeline each attorney would be granted a maximum of thirty minutes to present their oral submissions when the hearing proceeds at the Kingston Appeal Court at 11:00 am today.
The notice of motion purports that the Court is to take up the exclusive jurisdiction conferred upon it by Article 177(4) of the Constitution of Guyana, to determine the question of the validity of the elections.
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