Procedural deficiencies in Coalition’s elections petitions

The election petitions filed by the APNU+AFC Coalition has already been marred by procedural deficiencies that could potentially see its dismissal if the court is dissatisfied. 

Parties in the proceedings met virtually today for the Case Management Conference led by Chief Justice (Ag.) Roxane George. The preparatory conference has already unearthed some deviations from best practices, that could impact the outcome of the case. 

Senior Counsel (SC) Douglas Mendes, who is representing the fourth respondent, Vice President, Hon. Dr. Bharrat Jagdeo contended that his client was not properly served with the petition. 

“We understand that an Order was made that the petition be served on Mr. Jagdeo by registered post. Our inquiries so far, have indicated that they have not yet been delivered by registered post. We have been attempting as best as possible to obtain copies of the document that was filed in support of the application that was made. We are concerned that the application that was made in relation to [petition] Number 88 did not comply with the rules and the Order that was made in [petition] Number 99 did not comply with the rules,” the Trinidad-based lawyer told the court. 

The attorney said the lack of proper procedure could nullify the petitions. 

Meanwhile, in an exclusive interview with DPI, Attorney General (AG) and Minister of Legal Affairs. Hon. Mohabir Anil Nandlall said election petitions fall under special types of litigations that require special procedures. 

“A part of the compendium of rules governing elections petitions is a rule that if there is non-compliance with any of the procedural steps or procedure or if there is any violation of any of the timeframes prescribed for the proceedings to be done or steps to be taken, those deviations and non-observations of rules or regulations can be fatal and cause the petition to be dismissed without any further hearing,” the AG said moments after the hearing.  

While the petitioners have claimed that the VP was served the petition by registered post, that is still to be verified. 

The Attorney General said registered post is not an automatic option of service. One has to lead evidence to show that there were attempts to serve the matter personally and that there was evidence of evasion of service before the registered post service could come into play.

Given the importance of that issue, the Chief Justice set November 24 and 25 to hear an application by Counsel Mendes, before any other decision is made on the substantive hearing of the matter. 

Chief Justice George had also raised some concerns that the second respondent in the matter, former President David Granger, was also not served the petition within the required timeframe. 

Justice George also raised questions about the former President’s role in the matter. It is unclear if the former Head of State is contesting or consenting to the petition. 

AG Nandlall said these are all issues governed by law and that one cannot be a respondent and at the same time opposed to the petition, and within the petition, an order is claimed, making you a beneficiary to the petition. 

The Coalition has filed two separate petitions over the results of the March 2 General and Regional Elections, which shows the PPP/C winning the polls. 

Data from the Guyana Elections Commission (GECOM) shows the PPP/C acquiring some 233,336 votes, while the APNU+ AFC gained 217,920. 

The Coalition, which has claimed to be the winner of the polls, is asking among other things, for Mr. Granger to be declared the rightful winner of the elections. 

Vice President Jagdeo, the PPP/C respondent, is also being represented by Attorneys-at-Law Devindra Kissoon, Hon. Sanjeev Datadin and others.