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AG to join appellant in matter – Lowenfield withdraws from active participation
Elections declarations case set for Saturday…
Although he is listed as a respondent, Attorney General, (AG) Basil Williams S.C, has indicated an intention to join appellant, Misenga Jones in the matter filed to overturn the decision of the Acting Chief Justice (CJ) Roxane George-Wiltshire in the election declaration case.
High Court Justice, Priya Sewnarine –Beharry
Justice of Appeal, Dawn Gregory
Justice of Appeal, Rishi Persaud
Jones, an A Partnership for National Unity +Alliance For Change (APNU+AFC) Counting Agent, had filed an appeal after the CJ ruled that the figures derived from the recount of the March 2, 2020 Regional and General Elections are valid and unless overturned by a Court in an election petition, it is the only data that could be used for the final declaration.
That data shows a victory for the People’s Progressive Party/Civic (PPP/C). Jones is asking the Appeal Court to overturn the CJ’s decision.
During the Case Management Conference (CMC) held via zoom yesterday, presiding Appellate Court Justices Rishi Persaud, Dawn Gregory along with High Court Judge, Priya Sewnarine- Beharry gave directions to a number of legal teams involved in the case.
Attorneys on record for the case include Trinidadian Senior Counsel, Douglas Mendes; Guyanese lawyers, Devindra Kissoon and Anil Nandlall for the PPP/C; Senior Counsel from Trinidad John Jeremie along with Attorneys, Mayo Robertson and Roysdale Forde for Jones; Senior Counsel, Ralph Ramkarran for the Liberty and Justice Party, (LJP); Kamal Ramkarran for A New United Guyana (ANUG); Sanjeev Datadin, Stephen Singh and Jameela Alli for the United Republican Party (URP); Attorney Kashir Khan who will appear in association with Mohamed Khan for The Citizen Initiative (TCI) and Change Guyana; and Timothy Jonas for The New Movement (TNM).
APNU+AFC Counting Agent, Misenga Jones
AG Basil Williams S.C
Attorney-at-law, Kim Kyte-Thomas is appearing for GECOM’s Chairperson, Justice (Ret’d) Claudette Singh and the Attorney General, Basil Williamsn, S.C is appearing for state alongside attorney-at-law, Maxwell Edwards.
Also on record for Chief Elections Officer, (CEO) Keith Lowenfield, the third named respondents in the matter, is, Neil Boston S.C.
Boston indicated, however, he will not be actively participating in the appeal and as such will not be filing any submissions.
The judges ordered that the representatives of each party to file their submission with the court electronically by 3:00pm today.
The lawyers were instructed that their submissions should not be more than 10 pages and they will granted at least 20 minutes each to present their oral arguments .
Of note, the AG is also expected to file the grounds of his cross -appeal and submissions by today as well.
The Appeal Court set the hearing of the oral presentations to commence on 10:00hrs on Saturday.
Jones’ matter is the third case filed on behalf of supporters of the government to prevent GECOM from making the declarations which would have placed Dr. Irfaan Ali, as the next president of Guyana.
In this case, the APNU+AFC Counting Agent wants the court to make a declaration that the CEO could instead use nothing but a report based on the March 13 district declarations as the basis on which a final election declaration would be made.
That report with the fraudulent March 13 declarations made by Region Four Returning Officer, Clairmont Mingo, has been rejected by the Guyana Elections Commission (GECOM) Chairperson, retired Justice Claudette Singh.
Jones’ appeal follows two previous cases filed on behalf of Ulita Moore and Eslyn David, both supporters of the Government.
And though, the APNU +AFC is not listed as a respondent in the appeal, it is evident that the coalition government is in support of the proceedings from statements made to the public.
Of note, was the most recent admission by Government spokesperson, Joseph Harmon that the coalition will be appealing the CJ’s decision and the expected cross- appeal to be filed by Williams, who is also a representative of the Coalition.
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