APNU+AFC applies to High Court to file elections petition
The APNU+ AFC coalition has sought leave from the High Court to file an elections petition challenging the results of the 2020 General and Regional Elections.
Stabroek News understands that the application was made on Thursday by Attorney Roysdale Forde on behalf of applicants, Claudette Thorne and Heston Bostwick.
The listed attorneys include Forde, Trinidadian Senior Counsel John Jeremie, Olayne Joseph and Chairman of the Alliance for Change (AFC) Raphael Trotman.
Speaking during a press conference yesterday, Trotman explained that two petitions were to be filed in an attempt to increase the chances of success.
“The law with respect to petitions is very strict and many petitions in fact, have failed…[ in this case] should one fail, there’s another to stand up,” he explained noting that only one elections petition has ever been successful in Guyana’s history.
In fact a petition filed by the AFC to challenge the allocation of the Region 10 seat was dismissed on a procedural flaw three years later. According to then Chief Justice Ian Chang the party had breached a mandatory procedure by not filing the affidavit of service in a timely manner.
The record shows the AFC filed the document ten months after the petition and according to the Chief Justice, the period which elapsed was simply too long.
This time the party is taking no chances. Trotman explained that the
notice of intent to file has been made within the 28 days allowed for a petition.
He stressed that since the “official declaration” was not published until Friday August 21, 2020 his party could not file before that time.
Trotman further voiced the expectation that the application will be speedily considered and approved.
“The process is unfolding. We expect that it will be dealt with and the formal proceedings will proceed on Monday. And thereafter, the High Court will set a very early date because this is a matter of national, regional and international import. The speedier we have this resolved the better,” he said.
Asked what evidence his party will be including in the petition, the politician noted that all the allegations of procedural errors and fraudulent acts made during the National Recount will be revisited within the Court.
“We have the actual observation reports, we have eyewitness reports for persons who were present…it is expected that we would have covered most of the ground in terms of where the discrepancies and illegalities lie and the question would then be for the court, whether these are sufficient… on both a qualitative and quantitative basis to overturn the elections…these are all matters that will form part of the petition,” he explained.