THE untimely access to the written judgment of the Full Court in the recount injunction case forced a cancellation of a planned meeting of the Guyana Elections Commission (GECOM) on Wednesday, which was aimed at charting a way forward.

Explaining the same to this newspaper on Wednesday, GECOM Public Relations Officer, Yolanda Ward, said that the Commissioners were expected to meet at 10:00hrs Wednesday but the written judgement was only made available at around 12:00hrs. She said that, based on the position of GECOM Chair, Justice (ret’d) Claudette Singh, if the Commission had gone ahead with the meeting, those present would not be deliberating from an informed position — a situation she would not encourage. Upon receipt, the written judgement was immediately dispatched to the Commissioners and the meeting was rescheduled for today.

In a message to the media, Ward stated: “There won’t be a Commission meeting today {yesterday}. The decision of the Court will be studied today and the meeting tomorrow.”
Members of the Opposition and Opposition-nominated Commissioners later accused the Commission and Government-nominated commissioners of engaging in delaying tactics. In a supporting letter, the PPP Commissioners Sase Gunraj, Bibi Shadick and Robeson Benn, stated that they received an email from the Chair’s Office which stated that the Government-nominated Commissioners had requested time to “read the decision of the full court”.

“This is unacceptable. The judgment of the Full Court was broadcast live on national media. The world had access to it. The judgment was pellucid and requires little explanation, if any,” their letter stated.

“We recall the numerous occasions on which such stalling measures were employed with the inevitable result being to facilitate some dilatory tactic or the other. A meeting should be called immediately. There are legal and constitutional remedies for non-attendance.”

He called the matter to the attention of local and foreign observers and the international community as “further attempt to delay the conclusion of the electoral process”. Adding his voice to the matter was People’s Progressive Party/Civic (PPP/C) Executive and Attorney-at-Law, Anil Nandlall argued on his Facebook page that the ruling of the Full Court was streamed live and was widely reported on and therefore all should be well aware of the contents.

“What nonsense do we hear now about a “study” of the Full Court’s ruling? People’s patience running thin with these asinine disclosures. The Chairperson of GECOM must act now and decisively so. It is the only way that she can salvage herself and the electoral process!” he stated. Accused of requesting for the study of the written judgement, Government-nominated Commissioner, Vincent Alexander denied —- providing proof — that he had not done same.

“The public has been misinformed. I never requested time to read the document,” he said.
“The Chairperson said she wanted to get the document for the meeting. They sent an invite and I said to her, probably you should determine the time of the meeting based on when you receive the document.”

He provided the newspaper with evidence of the said correspondence. In response to the invitation sent out by mail on Tuesday to meet on Wednesday, Alexander had written: “I am on standby; however, I think it is advisable to determine the timing of the meeting based on the availability of the written decision which should be discussed at the meeting.”
Speaking for himself, he maintained that he stands available to meet as a Commission when such a meeting is called. On Tuesday, overruling a decision by High Court Judge Franklin Holder, the Full Court, in a unanimous decision, ruled that the Court has no jurisdiction to hear the case brought by Ulita Moore challenging the decision of GECOM to facilitate a national recount.

It was ruled on the grounds that the issues raised could only be dealt with by way of an Elections Petition.