Coalition agent wants Court of Appeal to overturn full ruling of Chief Justice
APNU+AFC agent Misenga Jones has made good on her promises to appeal Monday’s judgment by Guyana’s Chief Justice (ag) Roxane George and has filed her Notice of Appeal with the Appellate Court less than 24 hours after the oral judgment was handed down.
Jones in the application filed by her Attorney Mayo Robertson is complaining against the entirety of the judgment on several grounds, including that the Chief Justice erred in law when she ruled that the issues raised were res judicata.
The Chief Justice in her definitive ruling said that the Guyana Elections Commission (GECOM) must declare the result of the elections of March 02, 2020, only from the data garnered from the national Vote Recount and that any irregularities would have to be addressed in an election petition.
She also ruled that the Chief Elections Officer is subject to the direction and control of the Commission in submitting his report to GECOM.
The ruling which has been described as comprehensive and detailed went against what Jones and by extension the APNU+AFC coalition is now challenging in this appeal where they want the results to be declared using the ten declarations from Returning Officers, including the fraudulent report of Clairmont Mingo which was prepared to hand them a victory.
But Mingo’s declarations were dismissed by the Chief Justice in her ruling.
Jones and her Attorney Robertson now want the Appeal Court to rule that the Chief Justice erred in law in handing down her ruling and wants the entire judgment overturned/set aside.
Although the Caribbean Court of Justice (CCJ) ruled two weeks ago that the data from the recount needs to be used to declare a winner, the coalition and its agents continue to push for the declaration to be made using concocted figures to hand them a victory.
Since the ruling on Monday and despite calls for a swift declaration, the 7-member GECOM has not met to decide on the way forward. GECOM’s Chairman, former Judge Claudette Singh has said repeatedly in the past that once court actions have been filed, she will await the outcome of those proceedings before she acts.
In this vein, the filing of this appeal is seen as a further delay in bringing the almost 5-month elections process to an end.
The recount shows that the main opposition People’s Progressive Party won the elections by over 15,000 votes.
In wake of this and despite calls from numerous international organizations, President David Granger has refused to concede.
The Court of Appeal now has to set a date and time to hear the appeal.