Lawyer for the governing PPP/C Anil Nandlall has pegged costs from the court actions filed by APNU+AFC supporters Eslyn David and Misenga Jones, who sought to prevent a final declaration from the March 2nd polls based on the results of the national recount, at millions.
The Caribbean Court of Justice (CCJ) and the High Court have made orders awarding costs to President Irfaan Ali and Vice President Bharrat Jagdeo, who were respondents in the actions filed by David and Jones.
David’s case originated in the Court of Appeal and was later settled by the CCJ on appeal by Ali and Jagdeo, while the Jones case was adjudicated by the High Court as well as the Court of Appeal. David’s lawsuit sought to prevent the Chief Election Officer (CEO) Keith Lowenfield from presenting a report using the results of the national recount, while Jones challenged the validity of the recount.
On July 28th and July 31st, respectively, the CCJ and High Court ordered that costs be paid to Ali and Jagdeo.
The final declaration, which was finally made on Sunday, five months after Guyanese cast their ballots, officially named the People’s Progressive Party/Civic (PPP/C) the winners of a majority of seats at the elections. Ali was sworn in as president just after the declaration was made.
The cost order issued by the CCJ sets aside the Costs Order made by the Court of Appeal. The CCJ awarded costs in the Court of Appeal to Messrs Ali and Jagdeo to be paid by
David certified fit for two counsel to be taxed in default of agreement. It added that costs before the CCJ are awarded to Ali and Jagdeo to be paid jointly and severally by the Attorney General, David and APNU+AFC candidate Joseph Harmon certified fit for two counsel to be taxed in default of agreement.
In the High Court, the acting Chief Justice Roxane George-Wiltshire ordered that costs be assessed to be paid by Jones, the Chief Election Officer and the Attorney General jointly and severally to the Chairman of the Guyana Elections Commission Justice (ret’d) Claudette Singh; Shazaam Ally, of The Citizenship Initiative, and Abedin Kindy Ali, of Change Guyana; Ali and Jagdeo; Mark France of A New and United Guyana; Lenox Shuman of the Liberty and Justice Party; Daniel Josh Kanhai of The New Movement; and Vishnu Bandhu of the United Republican Party.
While neither of the courts named a specific figure, they each spoke of costs certified fit for one counsel and in other instances two. The PPP/C had a battery of attorneys who appeared on its behalf.
Nandlall, who was sworn in as Attorney General on Sunday, explained in a post on his Facebook page that photocopying costs alone for one of the two appeals approximated to $500,000, while the charge-out rate for one counsel approximates to several hundred US dollars per hour.
Whatever the sum for each appeal, it will be double for two attorneys, Nandlall said.
“In short, several millions of dollars will have to be paid in costs by those against whom the Orders are directed. That is the cost of frivolous, vexatious and abusive litigation,” the new Attorney General wrote in his post.
Through her attorney, Mayo Robertson, David argued that the results of the votes cast in the elections were not credible and, therefore, the CEO should not present any final report.
The application was used to justify Lowenfield’s failure to submit the report, which was due on June 18th, after Singh instructed him to submit his final report in accordance with results from the national recount, which showed a victory for the opposition PPP/C.
Following the elections, the tabulation of votes for Electoral District 4 had become marred in controversy, which would later lead to a national recount of all ballots cast and a series of litigation being mounted by both major political parties.
The High Court, Court of Appeal and the CCJ would in the end all rule, however, that it was the recount tabulations which needed to be used for a declaration.
