Following the dismissal of the Misenga Jones appeal the members of the Guyana Elections Commission (GECOM) have been invited to a meeting on Sunday at 10 am to discuss the way forward.
In a unanimous ruling yesterday Justices Dawn Gregory, Priya Sewnarine-Beharry and Rishi Persaud threw out the appeal of Misenga Jones against the decision of Chief Justice Roxane George that the recount votes be used for the declaration of the result of the March 2nd general elections.
The judges also ruled that the Chief Election Officer (CEO) is a functionary of the Commission and must submit his Section 96 report based on the direction of that body which is using the recount results. Opposition-nominated Commissioner Sase Gunraj in an invited comment yesterday said the Court’s ruling was not unexpected.
“The Court couldn’t rule differently. [The ruling] emphasizes the positions I have adumbrated publicly and in the commission all the time. This case just served to delay the conclusion of the electoral process. Hopefully we can get to the end now,” he noted. Asked what he expects to happen at Sunday’s meeting Gunraj said that ideally the constitutional officer holders (Commissioners) and statutory officer holders (election officers) will conduct themselves in keeping with the requirements of their office and in keeping with the oath they took to uphold the laws of Guyana, including the constitution.
“Unfortunately given the scant regard we experienced placed on these particularly in the last five months, I won’t hold by breath,” he added before concluding that another “bout of shenanigans” is likely to occur.
Gunraj however expressed the hope that the Chair, Justice (ret’d) Claudette Singh will take the firm decisions she is empowered to under the Constitution and other laws.
These decisions, he explained, will be what is required to ensure the declaration of the results of the elections is concluded.
Stabroek News was unable to make contact with any of the three government-nominated members of the Commission.
Gunraj’s hope was echoed by General Secretary of the People’s Progressive Party, Bharrat Jagdeo who implored Singh to act urgently.
“The country has waited for a very long time. Everyone agrees that these matters have been aired ad nauseam and it is time to move on…every Court, the High Court, the Appeal Court and the Caribbean Court of Justice have all said that it’s the recount figure that must be used and any other issue you have you raise with a petition. The Commission must act swiftly and over the next few days declare the results of the elections. Do not allow this cabal to delay anymore,” he urged during a video statement after the ruling. He added that Justice Singh has to understand that she is not dealing with reasonable people.
Meanwhile APNU+AFC campaign manager Joseph Harmon has once again stated that his party will only accept a “valid vote count”
“We iterate that when the matter goes to GECOM that only valid votes will be counted in the final declaration made by the Chairman of GECOM. Fraudulent votes cannot be the basis for a final declaration to be made. This is our firm position,” he stressed in a statement issued immediately after the ruling.
Harmon appeared to make thinly veiled accusations against the three members of the bench claiming that their ruling was not “sound in law”.
“The Guyanese people will certainly examine in a more meticulous way the manner in which their justice system functions,” he said after claiming that he “did not expect much out of the Court of Appeal as constituted.”
According to Harmon he is disappointed that the Court did not use this opportunity at this juncture in the history of Guyana to make a judgment which was sound in law.
In a verbal 180 he went on to say “the APNU+AFC Coalition is committed to the rule of law and respect for decisions of our Court.”
