A Partnership for National Unity+Alliance for Change (APNU+AFC) Candidate, Ulita Moore, has now moved to the Court of Appeal where she has applied for leave to appeal against Tuesday’s decision by the Full Court to throw out, among other things, an injunction blocking the national recount of all the ballots cast in the March 2 General and Regional Elections.
The Full Court quashed a decision by Justice Franklin Holder in which he ruled that the High Court has jurisdiction to hear an application by Moore, in which she asked the court to inquire into the constitutionality of a decision made by GECOM to have a high level CARICOM team supervise a national recount of the votes.
The Full Court comprising Chief Justice Roxane George and Justice Nareshwar Harnanan held that the issues raised in Moore’s case have to be ventilated via an election petition pursuant to the Elections Law (Amendment Act) No. 15 of 2000 as it questions decisions made by GECOM and its Commissioners.
In light of the foregoing, the Full Court discharged the interim injunction granted by Justice Holder which blocked the recount and dismissed the application filed by Moore. The Judges also refused an application for a stay of their decision pending an appeal. It also refused an application by Moore’s lawyers, Senior Counsel Roysdale Forde and Mayo Robertson for leave to file an appeal.
In light of the above, the lawyers have filed a Notice of Appeal at the Court of Appeal in which they are contending that the Full Court erred in law in arriving at its decision. Among other things, the lawyers are contending that the Full Court’s decision to quash Justice Holder’s ruling on jurisdiction is arbitrary, unreasonable and bad in law. The matters come up for hearing tomorrow.
GECOM, its Chairperson Justice Claudette Singh; Chief Elections Officer, Keith Lowenfield; Leader of the Opposition Bharrat Jagdeo; Mark France; Daniel Josh Kanhai and John Flores, are listed as Respondents in Moore’s appeal.
