Despite the recent Appeal Court ruling that the opposition needed 34 votes for the successful passage of the December 21 no confidence motion, lawyers who participated in the Compton Reid matter are still looking to further appeal the case which seeks to have the vote of Alliance For Change (AFC) defector, Charrandass Persaud, invalidated.
This was confirmed by attorney at law Roysdale Forde.
On Friday last, the Court of Appeal overturned the High Court’s decision that the Bharrat Jagdeo-sponsored no-confidence motion was properly passed, saying that an “absolute majority” was needed to do so. However, the appellate court upheld the High Court’s decision that Persaud’s vote was valid.
Forde was one of the lawyers who participated in both matters.
He told Guyana Standard, “Based on the ruling, the motion was not properly passed because the opposition only secured 33 vote when 34 was needed. But, there is another contention we have which is that the other vote to make it 33 must not even be considered.”
That 33rd vote was cast by Persaud who is a Guyanese by birth but who had also pledged allegiance to Canada.
Earlier this year, the High Court ruled that because of his dual citizenship status, Persaud should not have been a Member of Parliament.
However, the court also ruled that his vote was preserved by article 165 (2) of the constitution.
Article 165(2) of the Constitution states: “The presence or participation of any person not entitled to be present at or to participate in the proceedings of the Assembly shall not invalidate those proceedings.”
That Article negates the argument that the vote of an illegitimate member who participated in the proceedings should be considered as invalid.
But Forde and other learned lawyers have put forward arguments suggesting that the vote is invalid.
As a result, those attorneys may be heading to the Caribbean Court of Justice (CCJ).
Forde did not give any timeline as to how soon an application of appeal will be made to the CCJ.
