An awkward position

It must rank as an extraordinary moment in the short, checkered history of the Caribbean Court of Justice (CCJ). Visibly exasperated, the normally poised President, Justice Adrian Saunders interjected during last Monday’s post judgement hearing.

“No. No. We are not imposing anything,” he rebuked the lawyer for the Guyana Elections Commission (GECOM), Stanley Marcus during an exchange on what consequential orders would be appropriate in relation to Article 106 of the country’s Constitution.

“We are not involved in politics” Saunders stressed, shaking his head and gesticulating with his right hand. “Our remit is to uphold this document” as he leaned across to retrieve and hold up a multi-tagged copy of the 1980 Constitution, “and then if it has a clear provision,” looking straight ahead at the Senior Counsel and leaning forward, Saunders declared passionately, “What you want us to do? To ignore it, to reject it, to rewrite it?” Marcus replied, “No my Lord, but I ask you to give effect to what it says…”