CJ throws an election petition case for failing to serve Granger on time
– orders GECOM to transfer SOPs in 2nd issue
Chief Justice (Ag) Roxane George-Wiltshire.
Kaieteur News – Failure to comply with a basic principle of legal procedure has resulted in one of the election petition cases being thrown out of the High Court. Yesterday Chief Justice (Ag) Roxane George-Wiltshire rejected an election petition (99 / P) for procedural non-compliance of service on A Partnership for National Unity + Alliance for Change (APNU + AFC) party leader and former President, David Granger.
Nevertheless, the Chief Justice (CJ) agreed to continue to hear the case of the other election petition (88 / P) filed on behalf of Claudette Thorne and Heston Bostwick to challenge the legality of the elections report which allowed Dr. Irfaan Ali swore an oath. in as President.
In this case, the CJ ordered the Guyana Elections Commission (GECOM) to transfer its Voting Statements and Recount Statements to the High Court for safe custody pending the hearing and determination of the election petition case which is intended to continue in April 7, 2021.
The orders were issued at the request of Senior Counsel Douglas Mendes, solicitor of the Civic leader of the People’s Progressive Party, Dr. Bharrat Jagdeo, and Attorney-in-Law Kashir Khan representing The Change Guyana party.
Mendes had requested an order that the Chief Election Officer produce all the election documents and place them in the custody of the Registrar of the Court for possible later examination by the Court.
The CJ granted the request to allow the documents to be kept secure. He noted that the Statements of Accounts (SORs) will also be retrieved and held by the Registrar.
Meanwhile, in her ruling to dismiss petition 99 / P, Chief Justice George-Wiltshire said that not adhering to a certain timeline would make the petition non-starter. He noted that because Granger was not submitted within the required five-day timeline, and was found to be a necessary party to the case, the petition was declared void and dismissed.
“From the time he was delivered out of time on the requisite party, he was a non-starter,” said Justice George-Wiltshire, adding that election petition filing rules must be strictly adhered to.
Election Petition (99 / P) filed by Monica Thomas and Nurse Brenan who sought to challenge the outcome of the March 2, 2020 Regional and General Elections.
In dismissing that case, the CJ rejected supplemental affidavits filed by the petitioners seeking to explain that Granger made a mistake when he signed September 25, insisting that he signed on September 18.
Referring to their explanations, the CJ described in her decision the arguments as being less than “outspoken” and “absurd.” He therefore noted that the Court had no other option than to throw the matter.
At the last hearing, Senior Counsel John Jeremie, one of the leading attorneys who argued in the election petition case, asked the High Court to ignore Granger’s alleged late delivery of documents.
Jeremie, who represented candidates in both petitions (88 / P) and (99 / P), was at the time responding to claims contained in a preliminary application by Attorney General Anil Nandlall to cancel election petitions based on the faulty service. .
In his submissions before the Court, Jeremie said that the issue of late or faulty service on which Nandlall based his request to cancel the petition should be construed as nothing more than careless blunder on the part of the petitioners.
However, Senior Counsel Douglas Mendes, PPP / C Leader’s lawyer, argued strongly that the evidence at Granger’s submission date and Granger’s recognition date was inconsistent and unreliable. The evidence, which included a document signed by Granger himself, acknowledging its receipt, shows that the documents were not delivered within the legally prescribed period.
“The petitioner contends that the document was prepared on September 15 but all other documents including one signed by Granger itself indicate that it was delivered on September 25,” the lawyer noted.