Appeal Court rulings clear way for recount

The Court of Appeal Sunday handed down a ruling which effectively clears the way for the Guyana Elections Commission (GECOM) to proceed with the nationwide recount of votes cast at the March 2, 2020 Regional and General Elections. In her ruling Sunday, President of the Appeal Court Justice Dawn Gregory made it clear that “The Guyana Court of Appeal on Sunday ruled that GECOM cannot farm out its responsibilities such as the management and supervision of general elections to anyone else.” The appeals had stemmed from a decision by President David Granger to ask CARICOM to supervise the counting of ballots for Region Four, after the tabulating process was halted several times amid accusations of fraud and interference.

Both the Coalition and Opposition parties have been accusing each other of interfering with the process with today making it five weeks since the elections. The delays have been characterised by one court case after the next. Justice Gregory, in the emergency ruling yesterday at the Appeals Court, Kingston, said GECOM’s decision to act on an agreement by President David Granger and Opposition Leader, Bharrat Jagdeo for the Caribbean Community (CARICOM) to supervise the recount was illegal. “Any agreement in which supervision is removed from GECOM will be unlawful,” she said. The court relied on a GECOM press statement that spoke of the team’s intention to “supervise” the counting process. The decision of the Appeal Court deemed the recount by GECOM in itself lawful. As such, the injunctions granted by High Court Judge, Franklyn Holder, barring GECOM from carrying such functions remains overturned. The Court therefore decided against sending the case back to the High Court. Based on requests made by attorneys involved in the case, the Court is expected to issue consequential orders on the way forward by 1:30 p.m. this afternoon. The matters stems from an application filed on behalf of APNU– AFC candidate supporter, Ulita Moore. Moore, through her attorneys, had approached the Appeals Court in a bid to overturn a decision of the Full Court not to have her case heard by the High Court. Moore’s request was for the Court to inquire into the constitutionality of a decision made by GECOM to have a high-level CARICOM team supervise a national recount of the votes cast in the March 2 elections. The Full Court had, however, ruled that the High Court could not hear the application by Moore after a team of attorneys for the Opposition Leader Bharrat Jagdeo raised objections. Jagdeo’s lawyers held that such matters should have been outlined in an elections petition.

(Kaieteur News)