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 APNU+AFC complains of slot in hearing of elections petitions appeal case

Sep 08, 2022 News

Kaieteur News – The Guyana Court of Appeal is yet to set the date for the hearing of the Motion which was filed for the 2nd election petition case which was filed on behalf of A Partnership for National Unity +Alliance For Change (APNU+AFC) supporters Claudette Thorne and Heston Bostwick.
Since the Chief Justice delivered her ruling in April of last year, the appellants have been calling for their appeal to be heard.

Thorne and Bostwick said that their lawyer, Roysdale Forde wrote the Registrar of the appellate court earlier this year requesting that given its national importance, their appeal be urgently heard.

The appellants raised issue again this week claiming that it is ‘a failure of the judicial system’ to have an appeal pending for 16 months. Last April, the Coalition filed a notice of appeal against Chief Justice (Ag) Roxane George -Wiltshire‘s decision to dismiss the second elections petition case.

Both, Thorne and Bostwick had argued that Section 22 of the Election Laws (Amendment) Act (ELA) and Order #60 of 2020, otherwise known as ‘the Recount Order’, are unconstitutional, and thus resulted in breaches and violations by GECOM in its conduct of the elections.

As such, the lawyers contend in their appeal, among other things, that the trial judge erred in law when she ruled that, “Section 22 of the Elections Law (Amendment) Act 2000 and Order 60 made thereunder were not in violation of the Constitution of Guyana…”

In their request for the Court of Appeal to set aside the CJ’s ruling , the lawyers noted that Justice George-Wiltshire, SC erred in law when she ruled that the said Order 60 was intra vires of the said Constitution of Guyana by virtue of conferment of powers under Article 162 (1) (b) and said Section 22 [of the ELA]…”

“The Learned Judge erred in law when she ruled that the Appellants did not produce evidence in the said Petition, in that, being a Petition which claimed that the said March 2 Elections was not lawfully conducted, there was no need for production of any evidence except what was presented, namely, the Declarations as per Regional Returning Officers’ 1 to 10 and the Recount,” the appeal document also pointed out.

Further it noted that the judge erred in law when she ordered that the Statements of Poll (SoPs) and Statements of Recount (SoRs) from the March 2020 General and Regional Elections remain in the custody of the Registrar of the Supreme Court of Judicature until all the cases have been completed.

The Chief Justice (CJ) had previously dismissed Petition #99 filed on behalf of Monica Thomas and Brenan Nurse in January 2021, for non-compliance in relation to effecting of service on former President David Granger. The petitioners had served Granger with the documents too late. An appeal of that decision comes up on June 14, 2021, at the Guyana Court of Appeal, following a notice filed in February of this year.

 

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