AG, Mendes want Appeal Court to set date for ruling on Elections petition appeal

Oct 27, 2021 News

Kaieteur News – Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, SC, and Trinidadian Senior Counsel, Douglas Mendes, yesterday suggested to the Court of Appeal (CoA) judges to set a date for the ruling on the Elections petition matter.

From left: Trinidadian Attorney, Douglas Mendes and Attorney General, Anil Nandlall SC.

The matter was heard virtually and the presiding judges are Chancellor of the Judiciary (Ag), Yonette Cummings-Edwards, and Justices Dawn Gregory and Rishi Persaud.
The first election petition #99 challenging the outcome of the March 2, 2020 elections was dismissed by Chief Justice (Ag) Roxane George-Wiltshire, SC, on January 18, last, while the remaining election petition #88 was thrown out on April 26, 2021, by the same judge. As such, both matters were appealed by Monica Thomas and Brenan Nurse, who on behalf of the A Partnership for Nation Unity + Alliance For Change (APNU+AFC) Coalition are seeking to challenge the validity of the March 02, 2020, national elections.
During a previous hearing of the matter, the issue was raised as to whether or not the Full Court of the High Court has jurisdiction to preside over the elections petition case. This resulted in the matter being adjourned to facilitate the lawyers laying over submissions in relation to the aforementioned.
Yesterday in his address, Senior Counsel Mendes said, “Your Honour, can I suggest that we adjourn at this stage for your decision, I do not know if the other parties will agree that you have heard enough from us already, and that you are in a position to make a decision without us saying anything further.”
He said this after Opposition Parliamentarian and attorney-at-law Roysdale Forde stated that he would like to make further submission to respond to the submission made to the court by Mendes.
The Chancellor granted Forde’s request to do same and stated that he has seven days to lay over his response, and the other parties have seven days after Forde’s additional submission is made to respond. As such, the matter was adjourned to November 26, 2021 for report.
The AG’s address mirrored Mendes’ suggestion to set a date for the Court’s decision on the appeal.
Nandlall first asked the court for a brief oral intervention and noted that this would be his last participation in the hearing of this matter.
“Your Honor, respectfully I believe that we are going around in circles,” he noted.
Moreover, the AG stated that he disagrees that the Full Court has the jurisdiction to hear the elections mitigation and outlined reasons for his opinion. After doing this, the AG noted that he will refrain from putting more papers before the court.
The Chancellor noted that the Court is duty bound to enquire whether or not another court may have jurisdiction. She also stated that the matter is of national importance and, as such, all parties needed to be heard.

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