CCJ sets No Confidence motion hearing for May 10
President of the CCJ, Justice Adrian Saunders.
President of the CCJ, Justice Adrian Saunders.

… GECOM ordered to be a party in hearing

The Caribbean Court of Justice (CCJ) has set May 10, 2019 as the day when all matters relevant to the appeal in the No Confidence motion will be heard.

President of the Caribbean Court of Justice (CCJ), Justice Adrian Saunders has also ordered that the Guyana Elections Commission (GECOM) be a party in the case currently before the regional court.

During a case management hearing for the case in Trinidad and Tobago, Justice Saunders on Friday set the timelines for the matters to be heard as he pointed out the urgency of the case.

As regards GECOM, Justice Saunders  said that the elections body is a “necessary party in the matters” and as such the court ordered that the commission be joined as a defendant.”If no application had been made to join them by any of the parties , the court of  its own motion is ordering that the Guyana Elections Commission be joined as a defendant ,” Justice Saunders ordered. Justice Saunders ordered that notice to this order be served to the electoral body on or before April 5th.

As he set out the timelines, Justice Saunders said that notices of appeal must be filed by all parties by April 1, 2019. Written submissions are to be filed and exchanged by April 17,2019 and all parties are to file replies by April 23, 2019.

A pretrial session will take place on April 24, 2019. Justice Saunders noted too that on that date, the court will address address issues relevant to the order and length of oral submissions.”But I must warn, we have tried to discourage duplication and  and parties should cooperate with each other,” he said to this issue.

Justice Saunders also urged all counsels in the matter to appear in person at the CCJ. “It would be appropriate that all counsel appear in persons,” he said noting it is a matter of extreme importance and the court cannot afford hitches with communications.

Last Friday, the Court of Appeal ruled that the No-Confidence Motion, which was filed in the name of Opposition Leader , Bharrat Jagdeo last December, was not validly passed in the National Assembly, thereby overturning the High Court’s decision of Chief Justice Roxane George-Wiltshire which was made late in January this year.
Before a packed courtroom, Chancellor of the Judiciary (ag) Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory ruled that the Opposition needed 34 votes to defeat the Government and not 33.

Then on Tuesday, in a press release, Attorney-at-Law Mohabir Anil Nandlall indicated that a Notice of Application for Special Leave to the CCJ has been filed in the name of the Opposition Leader on March 26, 2019.

Even as the People’s Progressive Party expects that the directions to be given by the CCJ will bring about an early hearing and determination of the appeal, Attorney General, Basil Williams said that the Government is ready to defend the decision of the Appellate Court.

He added that it might even be necessary for the Government to cross appeal which would see them requesting a review of a lower court’s decision. “We will be there to contest the appeal that will be filed. We will vigorously represent our case,” he said earlier on Tuesday.

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