LAST month when the parties involved were discussing points ‘in limine’ (Latin for ‘threshold’, or a motion made at the start of a trial) taken in the Elections Petition brought by Petitioner Ganga Persaud, lawyer Roysdale Forde, representing Chief Elections Officer Keith Lowenfield, was speaking on his call to strike out the election, when the hearing was adjourned to October 6.On the resumption, Mr. Forde will continue addressing Chief Justice (ag.) Mr. Ian Chang, S.C.
In his affidavit, petitioner Ganga Persaud said, “I request this Honourable Court that it conducts a scrutiny of the votes cast as well as the statements of poll in order to arrive at a just determination.”
Among other things, the Chief Elections Officer, Mr. Keith Lowenfield, had said, “That I am advised by Mr. Roysdale A. Forde, attorney-at-law, and verily believe that Paragraphs 8 16 (xvi) to 29 (xxviv) of the Election Petition also discloses no reasonable cause of action and are frivolous and vexatious and also ought to be struck out.”
It was lawyer Forde who had issued a summons inviting all parties concerned to attend the Chief Justice in Chambers on the hearing of an application on the part of the First-Named Respondent, The Chief Elections Officer, Keith Lowenfield, for the following Orders:-
That Paragraphs 8 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii),(ix), (x), (xi), (xii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi),(xxii), (xxiii), (xxiv), (xxv), (xxvi),
(xvii), (xxviii) and (xxix) of the Election Petition dated the 23rd day of June 2015, be struck out on grounds that they:
(i) Disclose no reasonable Cause of Action, and are
(ii) Frivolous and vexatious;
That the Election Petition dated 24th day of June, 2015, be struck out;
That Paragraphs 8 (xvi), (xxi), (xxii), (xxiii), (xxiv), (xxv) and (xxvi) of the Election Petition dated the 23rd day of June , 2015, be struck out as being in breach of Section 140 (2) of the Representation of the People’s Act, Cap. 1:03;
Such further or other Order as the Court may deem just:
The Summons which was issued by Mr. Roysdale Forde and was filed in the Supreme Court Registry will continue to be heard on the resumption in Chambers.
Mr. Ganga Persaud said in his affidavit in support of the summons “I am the Petitioner in the Election Petition filed herein on the 24th Day of June 2015.
“That the application is to make pursuant to Section 19 of the National Assembly (Validity of Elections) Act Cap 1.04.
“That the nature of the Election Petition filed herein requires the Court to conduct a scrutiny of the election papers and documents for which an Order is being requested by your humble petitioner for the Chief Elections Officer to produce same for inspection and examination”.
Further hearing of the matter in Chambers will take place on October 6, 2015.
By George Barclay