Appeal Court reserves judgment on election petition case

THE Court of Appeal will soon hand down its ruling in the case filed by the APNU+AFC concerning dismissed Election Petition 88 of 2020, which was thrown out by the High Court two years ago.

The case was filed to challenge the ruling of Chief Justice (ag) Roxane George, S.C., who had dismissed the petition due to serious non-compliance with the Constitution of Guyana, electoral law and other infringements.

The applicants, Claudette Thorne and Heston Bostwick, filed an appeal some 18 months after the CJ had handed down her decision.

Senior Counsel Roysdale Forde, who represented the petitioners had contended that the Chief Justice erred in law and misdirected herself when she misapplied the doctrine of strict compliance.

Another claim is that the Chief Justice erred and misdirected herself when she failed to consider the objective of the petition in making her decision based on the content of the Affidavit of Service.

Following the hearing, the Court led by Chancellor of the Judiciary Justice Yonette Cummings-Edwards, announced that notices would be sent to the parties when the decision is ready.

Previously, the Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., in his oral submissions said that, in addition to the absence of material facts, no foundation has been laid in the petition to establish any grounds upon which the elections can be vitiated.

 

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