Georgetown: The Guyana Elections Commission (GECOM) on Wednesday told an opposition-associated High Court election petition hearing that that elections management authority did nothing wrong by formulating a recount order because difficulties had plagued the March 2, 2020 general and regional election process.
As oral arguments commenced on Wednesday in relation to the election petition (88/20-P) filed by agents of the APNU+AFC Coalition, GECOM stood by its August 2, 2020 declaration, emanating from the recount process, which declared that the People’s Progressive Party Civic (PPP/C) were the true winners of the elections and that Dr Irfaan Ali, as leader of the party’s list, is the legitimate President.
Through its attorney, Dominican Senior Counsel (SC), Anthony Astaphan, GECOM was bold in its rejection of submissions by petitioners, Claudette Thorne and Heston Bostwick, that Section 22 of the Election Laws (Amendment) Act is unconstitutional and that Order No. 60 of 2020 is invalid, null, void, and of no effect.
“Even if your Ladyship may find a breach, then there were no consequences which effected the conduct or result of the count and, therefore, in any event, Your Ladyship should dismiss the petition,” GECOM’s Attorney-at-Law, Anthony Astaphan told an election petition hearing presided over by Chief Justice Roxane George-Wiltshire.
With Order No. 60 of 2020 created by virtue of Article 162 (1) (b) of the Constitution and Section 22 of the Election Laws (Amendment) Act to resolve irregularities, discrepancies, and anomalies occurring in the elections process and to determine a final credible count, Astaphan told the Court of Chief Justice (ag), Roxane George, that: “We are not conceding any breach [of the Constitution] at all.”
The Commission lawyer’s position appears to be in direct contrast to the position by the Chief Elections Officer, Keith Lowenfield and the three now pro-opposition A Partnership for National Unity+Alliance For Change (APNU+AFC) election commissioners that the declarations by the Returning Officers ought to have been used to declare the results of the March 2, 2020 general and regional elections.
In one instance after the recount, Mr. Lowenfield had sought to nullify thousands of votes to arrive at credible votes cast, saying that the recount process had shown glaring discrepancies of voter impersonation, irreconcilable votes because of missing documents and other irregularities.
He reasoned that the petitioners, who are being represented by a battery of lawyers headed by Trinidadian Senior Counsel, John Jeremie, needed to prove total non-compliance with the law, he (Astaphan) believes they have not done in their written or oral submissions.
“There was no breach. Section 22 got its constitutional authority and genesis from the Constitution… Order 60 is entirely consistent with the Constitution also and the purpose was transparent, enacted in good faith and intended to remove the difficulties to allow for a declaration,” the GECOM attorney argued.
Astaphan said he could not legally agree with the petitioners’ pleading, which is premised on the unlawfulness of Section 22 that because of its argued unconstitutionality, Order No. 60 fell by the wayside.
Referencing Article 162 (1) (b) of the Constitution of Guyana, Astaphan said: “The Acts of Parliament must be read subject to the overriding powers of the Constitution which give GECOM discretion on how the law was to be applied to allow for fair, impartial interpretation of the law.”
The petitioners also relied on Article 162 (1) (b) of the Constitution when they submitted that, generally, the March 02, 2020 elections were lawfully conducted but difficulties arose that GECOM was not empowered to resolve.
To this end, GECOM’s attorney argued that the elections body has the legal authority to act and, in so doing, set aside the initial declarations for the 10 districts and conducted a recount of the votes cast to pave the way for a final declaration of the results of the election.
“In the face of these difficulties what was GECOM to do? GECOM was obliged to act or else chaos would have enacted,” he said. Astaphan told the Court that the initial declarations were part and parcel of the difficulties GECOM faced.
Trinidad and Tobago Senior Counsel, John Jeremie- representing the petitioner- said Order 60 is ultra vires Article 163 of Guyana’s constitution because the settlement of election disputes have to be settled by an election petition. He added that if GECOM could not make laws, that “is constitutionally bad”
Mr. Jeremie said there was no “grey area” but instead “swept aside all , not one, all of the declarations made” and proceeded to a recount. “That cannot be a rectification of errors,” he said.
At the conclusion of oral submissions on Wednesday, the Chief Justice explained that while she had hoped to deliver her judgment within two weeks, based on the extensive discussions which lasted for almost four hours, she will need a little more time to compile her decision.
She has, however, set April 26, 2021, for a ruling with an indication that should more time be needed, all interested parties would be notified.
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