…lawyers for coalition argue
… CJ to hand down ruling on January 18
Chief Justice (ag) Roxane George will hand down her ruling next year on whether there was defective service regarding the notices of the election petitions 88 and 99 as preliminary hearing wraps up in the much anticipated court battle over the disputed March 2, 2020 polls.
The ruling is set for January 18, 2021 at 13:30hrs.
The Election Petitions seek to have the March 2, 2020 General and Regional Elections vitiated on the grounds that the Recount Order (Order No. 60), on which the Guyana Elections Commission (GECOM), relied was not only invalid but that the Law – Section 22 of the Elections Laws (Amendment) Act – on which it was created, is unconstitutional and conflicts with the Representation of the People Act.
Further, they intend to prove that GECOM failed to conduct free and fair elections in keeping with its constitutional requirements. However, during the Case Management Conference on October 22, 2020, preliminary issues were raised with respect to defective service.
Bharrat Jagdeo, the fourth named respondent, has since filed two Notices of Application seeking to have Petition 99 struck out, on the grounds that all of the Petition Documents: Notice of Presentation of Petition, and the Notice of Security for Cost, were not properly served on the 1st, 8th, 9th, 10th, 11th and 12th Respondents.
Further, through his Attorney Douglas Mendes, Jagdeo has argued that there is late service of the Petition Documents on the Second Named Respondent, David Granger. The Attorney General Anil Nandlall has also filed a Notice of Application to strike out Petition 99 for Non-Compliance with the provisions for service.
However, the petitioners, through their attorneys, have argued that there was no defective service, and have asked the Court to proceed with the substantive matter. Today, Trinidad and Tobago Senior Counsel John Jeremie, who appeared on behalf of the Petitioners, argued that Jagdeo and the Attorney General failed to provide the necessary evidence to prove their claim.
The Chief Justice, upon hearing two days of legal arguments, announced moments ago that her decision will be handed down on January 18, 2021.
