‘Please recuse yourself’
Chief Justice (ag) Roxanne-George-Wiltshire
Chief Justice (ag) Roxanne-George-Wiltshire

…GECOM wants CJ to withdraw from Ram’s registration challenge case
…cites alleged prejudicial statement in press release

THE Guyana Elections Commission (GECOM) has asked the High Court to have its Chief Justice Roxane George-Wiltshire recuse herself from the House-to-House Registration case brought against the elections body by Chartered Accountant Christopher Ram.
On Monday, the Elections Commission, the third-named respondent in the matter, filed a Notice of Application in the High Court. It is seeking a declaration pursuant, to Part 9.01 of the Civil Procedure Rules, for the Chief Justice to recuse herself from further hearing the application brought by Ram.

In laying its grounds, the Elections Commission contended that Justice George-Wiltshire, in a statement issued after Ram’s case was heard, showed a likelihood of a bias. A part of the statement issued by the Supreme Court of Judicature on July 24, 2019 stated: “The High Court also confirmed that the Chief Justice (ag) stated that the consequential orders of the Caribbean Court of Justice (CCJ) indicate that elections should be held by September 18, 2019 or such longer period as the National Assembly determines.”

GECOM’s Attorney, Stanley Marcus, in the Notice of Application seen by Guyana Chronicle, said a perusal of the judgment of the consequential orders made by the CCJ, would reveal that there was no indication that elections should be held by September 18, 2019 or such longer period as the National Assembly determines.

“The said press release of the Honourable Chief Justice raises the likelihood of bias on her part and a pre-determination of the issues raised by the applicant Christopher Ram in his application,” Marcus stated on behalf of his client.

Additionally, the Elections Commission noted that the President of the CCJ, Justice Adrian Saunders, in delivering the consequential orders on July 12, clearly stated that the timing for elections should be determined by the President, the National Assembly and indirectly GECOM.

Senior Counsel, Stanley Marcus

“Article 106 of the Constitution invests in the President and the National Assembly (and implicitly in GECOM), responsibilities that impact on the precise timing of the elections which must be held. It would not therefore be right for the Court, by the issuance of coercive orders or detailed directives, to presume to instruct these bodies on how they must act and thereby pre-empt the performance by them of their constitutional responsibilities. It is not, for example, the role of the Court to establish a date on or by which the elections must be held, or lay down timelines and deadlines that, in principle, are the preserve of political actors guided by constitutional imperatives,” Marcus pointed out while quoting a section of the ruling of the court.

He noted that one of the reliefs currently being sought is similar to one sought at the level of the CCJ in the consolidated No-Confidence Motion cases. Ram had told the CCJ, that in an effort to facilitate early election, it should order that the President issue a proclamation setting a date for election no later than September 18, 2019.

GECOM’s Chief Elections Officer, Keith Lowenfield, who is also a respondent in the case brought by Ram, provided an Affidavit in support of the Application. In that affidavit he said: “I have seen nothing in the judgment of the Caribbean Court of Justice delivered on the 12th July, 2019, in particular the excerpts therefrom reproduced in the third respondent’s application herein, which show that the Caribbean Court of Justice indicated that elections should be held on or before 18th September 2019.”

However, Anil Nandlall, the attorney representing Christopher Ram, while indicating that he will address the merits and or demerits of the Notice of Application filed by GECOM in Court, questioned Marcus’ authority to represent the Elections Commission.

“I have consulted with at least three commissioners of GECOM and have been advised that a) GECOM has not met since 11th June, 2019; b) Mr. James Patterson officially demitted office on 24TH June 2019; and c) the new Chairman is yet to Commission a meeting with the Commissioners. In the circumstances, I feel compelled to ask, who retained and authorised Mr. Stanley Marcus to file this application? It certainly cannot be GECOM,” Nandlall said in a statement on Monday.

Noting that these are fresh proceedings, Nandlall said one cannot argue that the same authority, by which Marcus appeared before the CCJ, continues to apply. He noted too that when the Chief Justice heard Ram’s case Senior Counsel Neil Boston informed the Court that, in association with Rex McKay SC. and Roysdale Forde, he was representing the Chief Elections Officer and the Commissioner of National Registration, Keith Lowenfield and no one appeared for the Elections Commission. “GECOM should publicly state its position on this matter, earliest,” Nandlall urged. The case is expected to be heard today in the High Court at 17:00hrs.

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