Misenga Jones v GECOM heads to Court of Appeal
—Application to be filed tomorrow
DPI, Guyana, Monday, July 20, 2020
Following the ruling by Chief Justice (ag) Roxanne George in the High Court in the Misenga Jones vs the Guyana Elections Commission case, Attorney-at-law, Roysdale Forde representing the applicant informed that an appeal will be filed by tomorrow in the Court of Appeal.
Forde also requested that the Chief Elections Officer and Chairman of the Guyana Elections Commission (GECOM) await the outcome of the ruling of the Appeal Court as they have done in the past.
This call and the application of appeal was supported by Attorney General and Minister of Legal Affairs Basil Williams SC.
Attorney Kim-Kyte representing the GECOM Chairman said her client will await the ruling of the Appellate Court once the matter is filed by tomorrow.
The Chief Justice in handing down her decision first ruled that the Court had jurisdiction to hear the matter. She then determined that the recount was valid pointing to the fact that it was recognised by the Caribbean Court of Justice.
As such, she ruled that figures emanating from the recount would supersede the declarations by the 10 Returning Officers.
Turning to the matter of the deadlock between the CEO Keith Lowenfield and the Chairman, (ret’d) Justice Claudette Singh, the Chief Justice pronounced that the CEO is not constitutionally mandated, instead it is the Chairman and the commission that are granted with this authority, as such the CEO is subject to the directives of the Commission.
Therefore, she ruled that the guidance given to the CEO by the Chairman to utilise only information from the recount to prepare his final report stands.
In her dismal of the case Chief Justice George stated that many of the matters raised by the applicant for redress have already been dealt with in a higher courts.