Attorney General and Minister of Legal Affairs Basil Williams has maintained that Government will respect the rule of law in the ongoing court matters relating to the March 2, General and Regional Elections, according to a report by the Department of Public Information (DPI).
Commenting on the matters before the High Court, Williams told DPI, “We have to abide by the outcome of those court matters.”
According to the Attorney General, the respect for the decisions of the courts remains the longstanding position of President David Granger. “President Granger has said that he will be bound by the Constitution, by the directions of GECOM concerning the conduct of elections and the rules of the court,” Williams stated.
Presently, there are three main elections-related cases before the Supreme Court in which Justice Franklin Holder presides. Concerning the injunction application brought by private citizen Ulita Grace Moore to prevent GECOM from conducting a national recount of votes, Justice Holder on Friday ruled the Supreme Court has jurisdiction to hear the case.
The Attorney General related to DPI that he had always maintained the position of the court on the aforementioned case and it does not come as a surprise since GECOM is a constitutional body that executes public duties, and therefore its actions are subject to judicial review. On the matter related to whether the Supreme Court had jurisdiction to order GECOM to submit Statement of Polls (SOPs) to the opposition, the People’s Progressive Party (PPP), Justice Holder ruled that jurisdiction was not established.
“Those issues [deriving from the validity of SOPs] are not for this judge. Those issues are for an election petition,” AG Williams posited in an interview with DPI. He sought to clarify that Article 163 of the Constitution addresses the grounds on which an elections petition can be brought
The judge’s former ruling has since been appealed by the Leader of the Opposition in the Full Court. Chief Justice (ag) Roxanne George along with another judge are set to hear the matter tomorrow. Also continuing on March 30, the DPI said, is the case brought by the Opposition Leader that challenges the last declaration of results made by Returning Officer Clairmont Mingo.
GECOM’s attorney Neil Boston SC. contends this matter can only be addressed through an elections petition as well, DPI noted adding that Williams said there is the case brought by Reaz Holladar against GECOM which outlines the applicant’s expectation for GECOM’s Chair to ensure there is a recount for votes cast in the elections.
According to DPI, it is the Attorney General’s view that the way forward on this matter is unknown since the applicant is now deceased and the case was related to his ‘personal expectation’, something the AG said cannot be argued on his behalf by someone else.
President Granger on March 15 had petitioned CARICOM’s Chairman and Prime Minister of Barbados, Mia Mottley to supervise a national recount of votes cast on March 2, to quell any doubts from local and foreign observers concerning the validity of the results of the elections. Moore’s application before the courts has since blocked GECOM from going ahead with the recount.
