Georgetown: The hearing of the two election petitions filed by APNU/AFC has been adjourned until November 30, with the filing of an application by Attorney General and Minister of Legal Affairs, Anil Nandlall to strike out the second elections petition of the APNU+AFC coalition, attracted strong refutation from attorney-at-law, Mayo Robertson.
At the case management session on Tuesday, Robertson who is appearing for the defendant argued that the application should be struck out because the Attorney General did not follow an order of the court made by Chief Justice (ag) Roxane George.
He pointed out that the order specifically asked only for submissions to be made and contended that the AG went “off on a frolic of his own” to file an application which asks for a dismissal of the petition based on defective service made on former President David Granger.
Already, the Attorney for Bharrat Jagdeo, Trinidadian Senior Counsel, Andrew Mendes, has said that he intends to argue that Granger is a necessary party in the case.
Roberson also argued that the AG was forcing the court to hear the application on November 24 when November 30 has been set aside to address the issue of late service on Granger.
“That CMC order is specific in its terms. In paragraph two it says permission is granted for the fourth named respondent to serve and file an application and submissions in relation to the petition, on or before October 29,” Robertson put forward.
“And it is ordered that petitioners in both petitions serve and file affidavits in answer and submissions on or before November 12. It is further ordered that the Attorney General be permitted to file submissions in relation to this application on or before November 12,” he further argued.
According to Robertson, Nandlall therefore could not have been allowed to file a different application. He reminded that the only reason they are at the hearing should be to hear oral arguments.
However, Nandlall said his application is merely an interlocutory application. Moreover, he noted that Robertson, who is appearing for Heston Bostwick, has also deviated court orders and that therefore, his latest contention must be rejected as frivolous and vexatious.
“I want to emphasize that my friend is guilty of the same thing. So, if I am wrong, he is even more wrong. My application is simply an interlocutory application, so If my application is struck out it doesn’t really affect me. But his own, both petitions go,” the Attorney General told the Court.
Chief Justice George meanwhile expressed the view that Robertson’s objections were without merit since Nandlall’s applications do not prejudice the proceedings.
Moreover, Justice George pointed out that Robertson has also breached court orders.
“You are also in violation since I said do not file anything that is not absolutely necessary, do not exhibit documents that are already before the courts. And you, Mr. Robertson, have two sets of submissions in which you do have exhibited affidavits that have been filed.”
“I could strike out what you have, similarly, since you also did not comply with the court’s order,” she said, to who Robertson apologized to the courts.
The APNU+AFC filed its first elections petition (88/20-P) on August 31, 2020, officially challenging the outcome of the March 02, 2020 elections and the recount exercise from which the People’s Progressive Party Civic (PPP/C) emerged victorious.
Ultimately, the coalition wants the Supreme Court, after hearing its petition, to cancel the March 02 polls, which saw it losing the seat of government, and order fresh polls within 90 days.
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