The Big Smith News Watch

Main Menu

  • Home
  • News
    • Traffic
    • Regional
    • International
  • Politics
  • Government
    • Housing
    • Agriculture
    • Natural Resources
    • Public Infrastructure
  • Business / Travel
  • Sports
  • Letter

logo

  • Home
  • News
    • Traffic
    • Regional
    • International
  • Politics
  • Government
    • Housing
    • Agriculture
    • Natural Resources
    • Public Infrastructure
  • Business / Travel
  • Sports
  • Letter
News
Home›News›Election Petition #88: No evidence March 2020 elections were conducted in “total non-compliance with the law”- GECOM’s lawyer

Election Petition #88: No evidence March 2020 elections were conducted in “total non-compliance with the law”- GECOM’s lawyer

By Leroy Smith
7 April 2021
186
0
Share:

Petitioners Claudette Thorne and Heston Bostwick are asking the High Court to vitiate the results of the March 2, 2020, General and Regional Elections as it was substantially not in compliance with the law in relation to the conduct of the election in Guyana. But leading Caribbean Senior Counsel Anthony Astaphan, on behalf of the Guyana Elections Commission (GECOM) is arguing that the petitioners have not submitted evidence to show that there was “total non-compliance with the law”.

These were among the arguments proffered by Astaphan this morning when Chief Justice Roxane George, SC commenced hearing election petition #88, the APNU/AFC only surviving petition on which the party is seeking to invalidate the results of the election on the ground that Section 22 of the Election Laws (Amendment) Act (ELA) and Order #60 of 2020 are unconstitutional.

Order #60 of 2020 was created by GECOM pursuant to Section 22 of the ELA and Article 162 of the Constitution of Guyana to facilitate the recount of all ballots in the March 2020 General and Regional Election. The intent of Order #60 was to resolve irregularities, discrepancies, and anomalies occurring in the elections process and to determine a final credible count.

In his opening arguments, Astaphan noted that in the Guyanese case of Esther Perreira v Chief Election Officer et al 1998, Justice Claudette Singh, as she then was, made it “very clear” that in Guyana a mere breach of the law is not sufficient to invalidate the results of an election.  The Senior Counsel pointed out that the petitioners failed to plead that there was total non-compliance with the law in relation to the conduct of the March 2, 2020, General and Regional Elections.

“…total non-compliance with the law as held by Justice Singh where she said that no ID [card]… was a substantial non-compliance with constitutional provisions for free and fair elections in Guyana because it would have had the effect of denying persons the right to vote simply because they did not have an ID card, when in fact the law would have permitted them to vote, once registered, without an ID card.”

Reading excerpts from Justice Singh’s decision, Astaphan said: “no political party can… wave the constitutional right of members of the electorate. The voice of the members of the electorate to speak through ballot cannot be silenced by arrogant agreements among political parties. Even Parliament cannot do so, since the voice of the members of the electorate to speak through the ballot is a constitutional right.”

Taking this into consideration, the Caribbean lawyer argued that there is nothing pleaded in petition #88 to suggest any sort of total non-compliance with the provisions of the Representation of the People Act which required there to be a recount to remove the difficulties that were being experienced by GECOM and the country to arrive at a credible recount to be able to declare a final election result.

“A mere breach is not enough. It has to be a substantial non-compliance that introduces something, introducing a principle that is hostile to the fundamental constitutional principle,” he added.

“So, then Mr. Astaphan are you saying that there has been a breach but just that it is not substantial?” the Chief Justice asked GECOM’s lawyer.

He replied “no” and went on to clarify,  “I am saying to arrive at a breach, you have to establish that the breach was of such an effect as to affect the conduct on the recount.” Our primary case as you would see from our submissions is that there was no breach. We stand by our written submissions fully and absolutely. That there was no breach. That Section 22 of the ELA got its constitutional status and genesis from Article 162 of the Constitution. Order 60 was entirely consistent with Section 22  of the ELA and Article 162…the purpose for Order 60 was transparent, it was enacted in good faith and it was intended to remove the difficulties that prevented a declaration of final results for several months.”

Astaphan questioned, “In the face of the difficulty, what was GECOM to do? What should GECOM have done with the intransigence of the Chief Elections Officer and the Returning Officers and the difficulty to get cooperation for resolution in the matter?”

He continued: “As I indicated in my introductory comment, the Constitution and statute were obliged to act otherwise, chaos would have resulted as a result of the inability of GECOM because of the difficulties and intransigence that it faced in declaring the final result as to who was properly elected in Guyana.”

“We [GECOM] are not conceding any breach at all,” Astaphan made it clear.

“Merely stating in the petition that the election results may have been affected in wholly affects. There must be material particulars and facts that indicate precisely how that would have been done. Merely stating that is a vague general statement…”

Against this backdrop, Astaphan told the Chief Justice that even if she finds that there was a breach, there were no consequences which affected the conduct or result of the count, and therefore the election petition should be dismissed.

The Chief Justice is set to rule on April 26th, 2021.

 

Post Views: 192
Share on Facebook Share
Share on TwitterTweet
Share on Pinterest Share
Share on LinkedIn Share
Share on Digg Share
TagsAnthony AstaphanChief Justice (ag) Roxane GeorgeClaudette Thorne and Heston BostwickEsther Perreira v Chief Election Officer et al 1998GECOMGuyanaGuyana Elections CommissionHigh Court
Previous Article

APNU/AFC election petition arguments begin this morning

Next Article

Black Lives Matter song and song about ...

0
Shares
  • 0
  • +
  • 0
  • 0
  • 0
  • 0

Related articles More from author

  • News

    Gov’t defends draft Local Content Policy 

    8 March 2021
    By Leroy Smith
  • News

    5 years in jail for taxi driver who drove getaway car in teenager’s killing

    1 April 2021
    By Leroy Smith
  • News

    Doctrine of necessity cannot justify failure to circulate budget proposal for Audit Office- Patterson

    22 March 2021
    By Leroy Smith
  • News

    Delta Variant likely in Guyana – Minster Anthony

    24 August 2021
    By Leroy Smith
  • Leslie James turns 55; returns to civilian life in 8 days
    News

    STATEMENT FROM POLICE FORCE ON TOP COP’S ACCIDENT

    26 January 2019
    By Leroy Smith
  • Crime / Security

    Drama at court as accused ‘mom killer’ faints twice prompting adjournment

    17 April 2019
    By Leroy Smith

You may interested

  • Crime / Security

    Jessie Jones on $50,000 Bail for Assaulting Partner 

  • News

    Statement from the GPF on the Nigel Dharamlall matter.

  • News

    EMPLOYEE SHOT DEAD BY BUSINESSMAN

Connect Us

  • Envato
  • Likes
  • 4.5K+
    Followers
  • Subscribers
  • Followers
  • Subscribe
    RSS Feeds

Latest News

InternationalNewsRegional

Browne secures dominant fourth term as Antigua navigates U.S. visa dispute

May 1 2026   Prime Minister Gaston Browne has secured a decisive fourth consecutive term in office following a landslide victory in Antigua and Barbuda’s snap general election, reinforcing his ...
  • Min Mustapha calls for stronger regional agriculture push

    By Savitri Laikram
    1 May 2026
  • $3B cash support for rice farmers – Pres. Ali

    By Savitri Laikram
    30 April 2026
  • Essequibo dispute escalates ahead of ICJ hearing

    By Savitri Laikram
    30 April 2026
  • Legal storm grows as 7,000 sue J&J in cancer lawsuits

    By Savitri Laikram
    30 April 2026

FeedBurner Widget

Sign up to receive email updates and to hear what's going on with our magazine!

About US

logo

BIG Smith News Watch was established in 2015 and is recognized by the Guyana press Association as a legitimate media outlet in Guyana. Our operation focuses more community, human interest and developmental issues. We also do focus on matters of crime, security, business, politics and current affairs. The entity is headed by Leroy Smith, a practicing journalist with experience in news gathering, reporting and coverage spanning seventeen years. Mr. Smith joined the media 2005 and worked at several media housing before launching BIG Smith News Watch in 2015.

  • +592-705-8780
  • bigsmithnewswatch35@gmail.com
  • Popular Posts

  • Lance Corporal dies days after fight with police sergeant

    By Leroy Smith
    8 May 2019
  • Nonummy suspendisse hendrerit ultrices

    By DesignUTD
    26 August 2015
  • 21 Year Old mechanic busted with cocaine pellets in hotel room

    By Leroy Smith
    27 April 2019
  • Bandit shows up to robbery with ‘one bullet’; shot dead by security guard

    By Leroy Smith
    30 April 2019

Follow us

© Copyright www.bigsmithnewswatch.news. All rights reserved.