The A Partnership for National Unity + Alliance for Change (APNU+AFC) Coalition has appealed the decision by Chief Justice Roxane George, in which she threw out their petition challenging the results of the March 2, 2020 elections.
Trinidad and Tobago Senior Counsel John Jeremie has filed a Notice of Appeal in the Court of Appeal on behalf of petitioners Claudette Thorne and Heston Bostwick.
The petitioners have expressed their dissatisfaction with the decision of Chief Justice, George on April 26, 2021, and are now asking for it to be “wholly” set aside.
Among other things, they contended that the Chief Justice erred in law when she ruled that the Guyana Elections Commission (GECOM) did not violate the Constitution when it brought into effect Order 60, triggering the recount of votes cast in the March 2020 General Elections.
The Notice of Appeal also noted that the Learned Judge erred in law when she ruled that the said Order 60 was intra vires the said Constitution of Guyana under conferment of powers under Article 162 (1) (b).
Thorne and Bostwick are contending that Justice George erred in law when she ruled that the Appellants did not produce evidence in the said Petition.
The duo further argued that the Learned Judge erred in law when she held that the Guyana Elections Commission was empowered to set aside the Electoral Returns and or Declarations of the 10 (Ten) Returning Officers.
This petition seeks to raise, among other things, questions relating to the validity of Order 60 of 2020, referred to as the Recount Operationalisation Order.
That order was brought into effect by the Chairperson of the Guyana Elections Commission (GECOM), Justice (Retired) Claudette Singh, following consultations with the then President, David Granger; Leader of the People’s Progressive Party/Civic (PPP/C), Bharrat Jagdeo; and former Caribbean Community (CARICOM) Chairperson, the Prime Minister of Barbados, Mia Mottley.
The order gave life to the National Recount process after controversy erupted over the Region Four Returning Officer (RO) Clairmont Mingo’s declaration. All the parties mentioned agreed to the process to end the political standoff.
