CLAIMANTS and appellants in relation to cases arising from the December 21, 2018 passage of the no-confidence motion, met with the Registrar of Chancellor (ag) Yonette Cummings-Edwards, on Friday at the Appeal Court to settle records in the case, to avoid issues during the appeal.

The government, through Attorney General Basil Williams, moved to the Court of Appeal seeking an interim stay of the judgments and orders made by Chief Justice (CJ) Roxane George-Wiltshire, arising from the no-confidence motion.

Senior Counsel Neil Boston said that a six-week period was at the appellant’s disposal to prepare records and files and, thereafter, the court would set a date for the hearing.
“We will come on the date to develop it if the court wants to hear oral presentations,” he said.

Former Attorney General Anil Nandlall, said that ordinarily, six weeks was permitted under the rules of court for the preparation and filing of records, but, in this instance, all sides had indicated an intention not to use six weeks.

“In fact, those that filed the appeal indicated that they would be ready in seven days, so once that record of appeal is completely circulated, then a date will have to be fixed urgently for the appeal to be heard,” Nandlall said.

Noting that, with a smooth flow, a date can be fixed in two weeks, Nandlall added that there were no new arguments to be advanced and, within two days, the hearing could be concluded.

“I am pushing for it to be concluded in the earliest possible time. This is a matter that involves public importance; it involves the democratic foundation of this country,” he said.
Attorney-at-law Robert Corbin said the lawyers met with Registrar of Chancellor (ag) Yonette Cummings-Edwards to settle the records which was a routine operation that was exhibited by the appellant to avoid unnecessary problems during the appeal.

“This is done so that all the documents which are tendered and filed in the proceedings prior to the appeal are all there for the appellate court judges. This is setting the record straight, so when the appeals come up, trivial matters would not cause problems,” Corbin said.

Attorney-at-Law Roysdale Forde said the parties had seven days to submit all the relevant records for the appeals, after which the Court of Appeal will set a date for hearing.
“I don’t believe it’s taking too long, having regard to the timelines and the regular practice. It’s being expedited by the Court of Appeal,” Forde added.

The government is further asking for a Conservatory Order preserving the previously existing state of affairs that the President, Cabinet and all ministers of the government remain in office, until the hearing and determination of the appeal filed in regard to the judgments which were handed down on January 31, at the High Court in Georgetown.
In the court filings, Dr. Barton Scotland, Speaker of the National Assembly of Guyana, Bharrat Jagdeo, leader of the opposition and Christopher Ram, attorney-at-law, have been listed as respondents.

In a Notice of Appeal filed, the government said that the CJ erred and misdirected herself in law, when she ruled that the National Assembly of Guyana properly, validly and lawfully passed a motion on a vote of confidence provided for by Article 106 (6) of the constitution by 33 votes and that the government was defeated.

The attorney general further contends that the CJ erred and misdirected herself in law, when she ruled that passage of the motion of no-confidence provided for by Article 106 (6) of the constitution by the National Assembly on 21st December, 2018, requires the immediate resignation of the President and Cabinet.
“The Honourable Chief Justice Roxane George-Wiltshire erred in law and fact and her decision was unreasonable and cannot be supported, having regard to the evidence,” Williams maintains.

The government has filed a summons with the Court of Appeal supported by an affidavit sworn to by State Counsel Raeanna Clarke, in which it is requesting the stay and Conservatory Order. The Court of Appeal is yet to fix a date for the hearing.