Politics
CCJ dubs gov’t ‘caretaker’ but elections date a no-go: The Caribbean Court of Justice (CCJ) on Friday, July 12th, declined to fix timelines for general elections, which it says should be held in accordance with the Constitution following the December 21st, 2018 passage of a motion of no-confidence against the APNU+AFC government and it has also established that a “caretaker” administration now exists.
Delivering the eagerly awaited unanimous judgment of the Trinidad-based court of last resort for Guyana, CCJ President Justice Adrian Saunders expressed the court’s hope that political actors on both sides would exercise their responsibilities “with integrity,” and in accordance with the Constitution.
Justice Saunders said effect has to now be given to Article 106 (6) and (7) of the Constitution, which states that Cabinet, including the President, shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence and that notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly.
Following the CCJ’s judgment on Friday, President David Granger, in an address to the nation, acknowledged that it is clear that elections have to be held in the shortest possible time, making the appointment of a chairman of the Guyana Elections Commission (GECOM) crucial. “This could be done as early as Monday if the Opposition is prepared to act in a consensual manner and in good faith,” he said.
The CCJ also said that Granger and Leader of the Opposition Bharrat Jagdeo should, as soon as possible, embark upon and conclude the process of appointing a new GECOM Chairman. “This imperative is now of the utmost urgency in light of our decision in the no confidence motion cases that the motion was validly passed thereby triggering the need for fresh general elections,” the court noted.
Granger also reiterated the need for the integrity of the voters’ list, upon which he said the credibility of the elections is partly dependent. The governing coalition has been maintaining that a national house-to-house registration exercise is needed in order to produce a credible voters’ list and GECOM’s indicated in June, when that activity that tentatively slated to begin, that it would mean that polls could not be held before December 25th.
For his part, Jagdeo welcomed the court’s ruling and maintained that his party will not be returning to the National Assembly to grant an extension to the three-month election deadline outlined in the Constitution. As a result, elections, Jagdeo said, must be held in three months.
No agreement on nominees for GECOM Chair: One day before the CCJ hearing, representatives of Granger and Jagdeo failed to come to a consensus on six names that could be submitted by Jagdeo to Granger and they concluded that “the two principals should meet.”
As reported in our July 8th edition, Jagdeo submitted 11 names for the GECOM post from previous lists he had submitted after the nominees agreed to have their names resubmitted. They were: Annette Arjoon-Martins, B S Roy (retired Justice of Appeal), Gerry Gouveia, Joseph Singh (Retired Major General and former GECOM Chairman), Kashir Khan (attorney), Krisndatt Persaud (former Senior Magistrate), Lawrence Lachmansingh, Norman McLean (Retired Major General), Onesi La Fleur, and Ramesh Dookhoo.
Granger subsequently suggested eight names of his own, including retired judge James Patterson, who he had unanimously appointment in 2017 in breach of the constitution. Apart from Patterson, Granger also suggested Stanley Ming, Kesaundra Alves, Dr. Aubrey Armstrong, Kadim ‘Kads’ Khan, Kim Kyte-Thomas, and retired judges Claudette La Bennett and Stanley Moore as possible candidates.
Following meetings between the representatives of Granger and Jagdeo, it was revealed on Tuesday, July 9th, that five of the 11 names submitted by Jagdeo were rejected, with reasons given though no made public, four had been shortlisted, and two were under active consideration.
Judiciary expresses grave concern over attacks on it: The judiciary on July 11th expressed “grave concern” over attacks on it in a Guyana Chronicle report. The report in the state newspaper carried remarks by Prime Minister Moses Nagamootoo and Attorney General Basil Williams pertaining to a High Court ruling that Finance Minister Winston Jordan be imprisoned for contempt of court. In a statement, the Judiciary said aspersions were cast on the judiciary in relation to a matter before the Court.
In the Courts
Finance Minister spared jail time by presidential respite: President Granger on Monday, July 8th, invoked his power under Article 188(1) (b) of the Constitution to grant Finance Minister Winston Jordan, both in his personal capacity and in his capacity as minister, “respite of the execution of the punishment until all appeals and remedies available to him and the State have been exhausted.”
Jordan had been given up to July 8th by Justice Priya Sewnarine-Beharry to pay the US$2,228,400 owed to the Trinidad-based construction company, failing which he would be liable to imprisonment for 21 days. In addition, the judge imposed court costs, which have to be borne by Jordan in the sum of $3 million.
Article 188 (1) (b) says the president may “grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence.”
Roger Khan released from jail: After serving almost ten years of a 15-year sentence for drug trafficking, Guyanese drug kingpin Roger Khan was released from jail last Monday and placed in the custody of the U.S. Immigration and Customs Enforcement (ICE). According to ICE’s website, Khan is “in custody” at the Krome North Service Processing Center detention facility. ICE is the law enforcement agency of the federal government of the US tasked to enforce the immigration laws of the country and to investigate criminal and terrorist activity of transnational organisations and aliens within the United States. It means the deportation action has commenced against the convicted drug lord and he may be back on Guyanese soil soon.
Order to extradite Marcus Brian Bisram stands: The order which was made by a district court in New York to extradite Guyanese murder accused Marcus Brian Bisram stands after he lost his appeal on Tuesday, July 9th. The United States Court of Appeal for the Second Circuit ruled that “Upon due consideration, it is hereby ordered, adjudged and decreed that the judgement of the district court is affirmed.” Bisram, a dual citizen of the United States of America and Guyana, currently faces a charge of murder in Guyana stemming from the killing of a carpenter on October 31st, 2016.
Crime
Two insider trading transactions totalling $5.6B flagged by FIU last year: We reported on July 11th that two suspicious insider trading transactions totalling $5.6 billion were reported to the Financial Intelligence Unit (FIU) during 2018 and represent the highest overall monetary value from among the 331 Suspicious Transaction Reports (STRs) submitted. This was according to the unit’s annual report, which was submitted to Minister of Finance Winston Jordan on July 8th. The document, which is the first to be submitted since 2014, is yet to be made public. A copy was obtained by Stabroek News. No details were provided in the report on the insider trading transactions and there is no information on whether they were investigated. The report describes a suspicious transaction as any transaction in which there is reasonable ground to suspect that that transaction is related to a money laundering or a terrorist financing activity or serious offence.
Kaneville youth killed in $500 quarrel: A July 8th report revealed the death of a 21-year-old man, who was stabbed to death at Kaneville, Grove, East Bank Demerara (EBD) following a quarrel over five hundred dollars on July 6th. The dead man has been identified as Mervin Squires, a labourer of Lot 52 1st Field Kaneville. Police reported that the suspect, a 17- year-old who is also a labourer of New Providence, EBD is in custody assisting with the investigations. He was subsequently charged with manslaughter.
Felix says show me the evidence of smuggling of Haitians: Despite credible information that Haitian nationals are being smuggled from Guyana to Brazil, Minister of Citizenship Winston Felix has said he wants to see the evidence. “How are we confirming that? We are getting anecdotal stories that persons are being smuggled [but] somebody has got to convince me that there is smuggling because smuggling has to be done covertly,” he was quoted as telling Sunday Stabroek in a Sunday, July 7th report in response to the account of a minibus driver, who transported a group of 16 Haitians from a hotel and bar in Soesdyke to Lethem. PPP executive member Gail Teixeira indicated that the account given is the “tip of the iceberg” and a confirmation of a disturbing trend, which has grown since government took office in 2015. She said, too, that Felix’s disinterest in having such reports investigated, even after being raised at the Parliamentary Committee on Foreign Affairs, makes her suspicious.
