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CARICOM team leaving as court order blocks recount

This story is developing and will be updated.

The CARICOM high-level team that was due to oversee a recount of votes cast at the March 2 elections has decided to call it quits and will today depart Guyana as a court order today blocked the Guyana Elections Commission (GECOM) from proceeding although both President David Granger and Opposition Leader Bharrat Jagdeo agreed to the process, sources this afternoon confirmed.

High Court judge Justice Franklyn Holder today granted interim injunctions based on an application by Ulita Moore that effectively prevents GECOM from permitting a recount based on the agreement between Granger and Jagdeo, until an application for judicial review is determined.

Moore is a regional candidate for the incumbent APNU+AFC. She is being represented by attorneys Mayo Robertson and Roger Yearwood.

The recount of all ballots cast during the polls was expected to begin yesterday under the supervision of the High Level team–comprising  Angela Taylor, Chief Electoral Officer, Barbados; Anthony Boatswain, former Finance Minister, Grenada; Francine Baron, Chair of the Team and former Attorney General and Foreign Minister, Dominica; Fern Nacis-Scope, Chief Elections Officer, Trinidad and Tobago; Cynthia Barrow-Giles, Senior Lecturer, Department of Government, UWI–from the Caribbean Community (CARICOM), but the process has been stalled over questions surrounding the legality of the process.

GECOM earlier today said it was examining the legal ramifications of the agreement between Granger and Jagdeo in accordance with the Constitution of Guyana. β€œWhile the Commission has considered the proposal and has implemented systems for the operationalization of the exercise; as a safeguard mechanism, it is necessary for all the legal issues to be properly addressed including the gazetting of the process as requested by the high level Caricom delegation. Once finalized, the counting would commence immediately.

β€œThe outcome of the Commission’s decision in this regard would be communicated and adequate notice on the start time for the exercise would be provided”, GECOM said in a statement this afternoon.

Based on Moore’s application, the judge today granted an interim injunction restraining GECOM from setting aside or varying the Declarations of the Returning Officers for the 10 electoral districts or replacing the declarations until a hearing and determination of the judicial review application.

An interim injunction was also granted restraining the Chief Election Officer from submitting any report of the total votes cast for each candidates list except for those counted and furnished by the Returning Officers under Sectio n 84(1) of the Representation of the People Act.

The judge also granted interim injunctions specifically restraining GECOM, the Chairperson and the Chief Election Officer from permitting any persons to count or recount ballots based on the agreement between Granger and Jagdeo or GECOM and CARICOM until the hearing and determination of the judicial review application.

The recount had been agreed to by Granger and Jagdeo in wake of the controversy over the process used by Region Four Returning Officer Clairmont Mingo to declare results for Region Four, which has prompted allegations of electoral fraud. The results would give the incumbent APNU+AFC a victory at the polls and a one-seat parliamentary majority should they stand. A court last week invalidated Mingo’s initial purported declaration after finding it to be unlawful.

https://s1.stabroeknews.com/images/2020/03/highc-scaled.jpgThe Independent High-Level Mission (from left): Angela Taylor, Chief Electoral Officer, Barbados;  Anthony Boatswain, former Finance Minister, Grenada;  Francine Baron, Chair of the Team and former Attorney General and Foreign Minister, Dominica;  Fern Nacis-Scope, Chief Elections Officer, Trinidad and Tobago; Cynthia Barrow-Giles, Senior Lecturer, Department of Government, UWI. (CARICOM photo)
FM
Last edited by Former Member
REPRESENTATION OF THE PEOPLE ACT

An Act to make provision for the election of members of the National Assembly under a system of Proportional Representation and for purposes connected therewith.

(25TH, SEPTEMBER, 1964)

Guyana:Electoral Law

Source -- http://pdba.georgetown.edu/Ele...Guyana/guyrep01.html

Section 84

COUNTING OF VOTES POLLED

84.

  1. Subject to the provisions of this Act, the votes cast at the polling places in each district shall be counted by the returning officer of that district in accordance with the provisions of this Part.

  2. If the Chief Election Officer is satisfied that it is necessary or expedient in the interests of the carrying out of the provisions of this Part with due despatch or security he may, by notice published in the Gazette, direct that for the purposes of the counting of the votes the returning officers of districts specified in the notice shall count the votes for their respective districts at a place appointed by the said notice and this Act shall have effect accordingly.

  3. Where the Chief Election Officer has given a direction pursuant to subsection (29)

   a. he may designate one of the returning officers of the districts specified in the notice to exercise general direction and supervision over the counting of votes at the place so appointed;

   b. references in this Part to election officers, duly appointed candidates and counting agents shall have effect as if they included references to such persons appointed in respect of any of the districts in respect of which the direction applies.

FM

US Secretary of State warns of serious consequences for electoral fraudsters here

US Secretary of State, Mike Pompeo today warned that there will be serious consequences for persons here engaged in electoral fraud and seeking to establish an illegitimate government. It was the sternest warning yet from a high ranking member of the Trump administration.

Speaking at the State Department today, Pompeo said:

β€œThe United States is closely monitoring the tabulation of votes in Guyana ….we join the OAS Commonwealth, EU, CARICOM and other democratic partners who are calling for an accurate count. We commend CARICOM’s role in seeking a swift democratic resolution and it is important to note that the individuals  who seek to benefit from electoral fraud and form illegitimate governments/regimes will be subject to a variety of serious consequences from the United States”.

The US and other western countries have kept up pressure on the government here over signs that there might be attempts to swear in incumbent David Granger on rigged results for Region Four.

 https://s1.stabroeknews.com/images/2020/03/pompeo-m.jpgMike Pompeo
FM

Peoples Progressive Party/Civic

PRESS STATEMENT

Guyanese, as well as the regional and international community, continue to witness the undermining of the process to finalize the results of the March 2, 2020, General and Regional Elections, to allow for a declaration and swearing-in of Guyana’s new president – in a transparent and lawful manner.

The People’s Progressive Party notes that the past two weeks have exposed the complicity of some staff of the Guyana Elections Commission (GECOM) and certain high-ranking members of the APNU+AFC Coalition to: perpetrate electoral fraud on the Guyanese people; undermine our democracy; and expose Guyana to isolation in the free world.
Within a matter of days, we have had two fraudulent declarations of election results in Region 4 by a compromised Returning Officer, Clairmont Mingo, maneuvers that undercut transparency and credibility in the electoral process and, today, efforts to frustrate and undermine an agreement for a CARICOM-supervised recount of votes from the 2020 Elections.

The filing of an injunction today (March 17, 2020) to block the agreed recount exposes the duplicity of President David Granger, those around him and those within the APNU+AFC Coalition. It was Mr. Granger who called the CARICOM Chair, Barbados’ Prime Minister, Mia Mottley, to say he did not want to be sworn in on the basis of disputed election results and requested a high-level CARICOM team to supervise a recount of the ballots. The PPP, although skeptical of his intentions, agreed to this, as a political solution to move our country forward and avoid negative consequences for our nation. In addition to the delay in signing the aide-memoire, there have been consistent efforts by Granger’s agents to undermine the CARICOM agreement, which he himself requested. The latest episode in this saga is having Ulita Moore, who was an APNU+AFC Coalition candidate, file an injunction to stop the recount.

The global community has seen the true nature of Mr. Granger and his cabal. This is now revealed, first-hand, to the leaders of CARICOM. They, too, will not be able to recognize his illegal and illegitimate regime should he move forward to be sworn in based on fraudulent results.

Further, the moves by the APNU+AFC Coalition to mobilize protesters across the country, with calls for Granger to be sworn in as president, shows the extent to which this rigging cabal would go to destroy our democracy.

The truth of the results of the 2020 General and Regional Election results is in the ballot boxes. This is why the recount, specifically the recount of votes in Region 4, is being resisted.
The numbers are clear. In addition to accepted declarations from nine regions, the Party made public all of its Statements of Polls (SOPs) for Region 4. A statement from the Organization of American States (OAS) electoral observer mission said: β€œThe Mission has noted that images of the Statements of Poll published by the PPP/Civic, on its website…(they) produce a result that is vastly different from that being declared by the Returning Officer and would have a decisive effect on the outcome of the national election. To date, neither the Chief Elections Officer nor APNU has challenged the authenticity of the Statements of Poll published by the PPP/Civic by producing the copies in their possession.” The PPP has also published, online, the Tally Sheets, signed by Presiding Officers across Region 4, to support its GECOM-issued Statements of Poll. Again, there has been no challenge to these documents.

The PPP wishes to underscore that APNU+AFC and its tiny cabal are alone in their misguided, foolhardy and regressive undertaking.

The Party will continue to fight for our democracy. The People’s Progressive Party/ Civic (PPP/C) is not alone in this fight. The international community, civil society and dozens of local groups and most of the smaller political parties, as well as the majority of Guyanese, are with us in this fight.
As recent as this morning, the United States of America’s Secretary of State, Mike Pompeo, in comments about Guyana, during a news conference, said: β€œThe United States is closely monitoring the tabulation of votes in Guyana; the election took place on March 2. We join the OAS, Commonwealth, the EU, CARICOM and other democratic partners in calling for an accurate count. We commend CARICOM’s role in seeking a swift democratic resolution. It is important to note that the individuals who seek to benefit from electoral fraud and to form illegitimate governments, regimes, will be subject to a variety of serious consequences from the United States.”

Should there be a swearing-in on the basis of fraudulent election results, the People’s Progressive Party will treat Mr. Granger’s regime as illegal and illegitimate and will pursue the consequences addressed by Secretary Pompeo to the end, as well as sanctions for the members of the APNU+AFC Coalition, their families, their cronies, and their collaborators.
We urge all Guyanese, particularly supporters of the PPP, to remain vigilant and calm; do not be provoked and ensure that no action is taken in contradiction with the laws of Guyana; stay home and await further guidance from the Party.
There will be a time for a visible expression of disgust with and rejection of the APNU+AFC Coalition’s hijacking of our democracy.

People’s Progressive Party

March 17, 2020

FM

 

The day's drama.

A Candidate for the APNU AFC filed the injunction to bar the recount.
The judge is the father of another APNU AFC who is in Harmon's back pocket.
The Lawyer who is listed as filing the petition claimed that it wasn't him.
Yet David Granger and his gang claims that it hands are clean as a whistle.

 

Good Evening Friends

Dear #Citizens

Family Affair

Today, the injunction granted by Holder to the APNUAFC candidate Ulita Grace Moore to force an illegal declaration of falsified results of the elections and to stop the Caricom Recount as endorsed by the Chief Justice, is brought into glaring disrepute.

1. Holder is close relative of APNUafc Candidate Astell Collins...
2. Collins, from catching minibus to owning an Audi in a few years, is a close confidante of Harmon.
3. Harmon is a close confidante of #DAG.
4. Harmon is an executive of the PNC of which DAG is Leader.
5. PNC is the major party in the APNUAFC.
6. Harmon is the General Secretary of APNU and DAG is the leader.
7. Harmon was DAG’s Chief of Staff (Minister) in the Ministry of Presidency.
8. Harmon and Wealthy Contractor BT are close business partners.
9. BT is involved as the main financier of the PNC.
10. Illegal Money is the reason why GECOM is hell-bent on rigging the elections...

#FreeSpeech #PPPC_Is_Back

ONE LOVE!!!

 

Image may contain: 6 people, people smiling, people standing

Image may contain: possible text that says 'ROBERTSON, Bonar Mayo Suspended indefinitely for practicing law while suspended.'

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No photo description available.

Image may contain: 1 person, possible text that says 'Roger Yearwood 4 mins. Eh eh saw my name on record in this election matter filed in the High Court but I'm not on record in that matter! will have to charge someone for the uses of my name. Unless there's another lawyer with my name out there #impersonation#Profiting from my name'

Image may contain: 2 people, possible text that says 'Live In Guyana Just now Justice Franklyn Holder, the judge who granted the APNU+AFC injunction to stop the CARICOM supervised recount today, is the father in law of of Astel Collins. Collins is an APNU+AFC candidate and works with Joseph Harmon. Like Comment Share'

FM
Statement by President David Granger
 
I am deeply disappointed that the Caribbean Community (CARICOM) Initiative –which was agreed upon following the intervention of the Prime Ministers of Barbados, Dominica, Grenada, St Vincent and the Grenadines and Trinidad and Tobago – has stalled.
 
The Group was headed by the Right Honourable Mia Amor Mottley, Prime Minister of Barbados, who is also Chairperson of CARICOM.
 
I welcomed the Prime Ministers and embraced the Initiative which was based on an understanding that a recount of the ballots cast at the 2nd March 2020 General and Regional Elections would be executed.
 
The Initiative saw the arrival of a High-Level Team of five distinguished Caribbean professionals to oversee the process. The team, unfortunately, was unable to commence its task.
 
The Supreme Court of Judicature granted an injunction filed by a citizen today, 17th March, thereby preventing the Elections Commission and its agents from proceeding with the β€˜total national recount’.
 
This independent court action has curtailed further our thrust towards reaching a transparent conclusion to the 2020 General and Regional Elections.
 
The matter will be heard in the Supreme Court on 20th March 2020.
 
I have said repeatedly throughout the electoral process that I will abide by the Constitution of the Co-operative Republic of Guyana, the decisions of the Elections Commission and the ruling of the Supreme Court. I maintain this position.
 
I iterate my commitment to the due completion of all electoral requirements and the conclusion of the process under the auspices of the Commission and in the interest of all Guyanese.
 
I assure the nation that I remain committed to the electoral process and to the declaration of results by the Elections Commission in accordance with the law.
 
I appeal for patience and public forbearance until this matter is resolved.
END
Rochelle
Last edited by Rochelle

It does not matter.  In the end, Region 4 must be verified by the standards of others before the results are declared and any legitimate president sworn in.  All these legal wrangling does not change that fact!

Can you tell what are the verified standards used for the count of votes from the SOPS in the other Regions and why the focus on Region 4 ? Is it not the RO decides on the method used to tabulate the  votes from SOPS ? Is it legal for political parties to hire foreigners to interfere in the country electoral system ? when will there be trust in the electoral system ? GECOM is made up of political hacks ,as soon a meeting of the commission finishes ,one party head to the television studio babbling. Fifty plus years of independence foreigners have to settle political disputes ,when will the politicians becomes mature.

I am hearing Sanctions..etc ,there was sanctions when the PPP was in government ,ministers visa was taken away ,were there any shouting ?

Just asking .

Django
Last edited by Django

Django the same system used in 9 regions of tabulation was used up to when the RO say he sick. The counting stop. and a spreedsheet was then introduced by someone else, which brought disagreement from the contesting parties except APNU. 

The RO returns from the Hospital, just in time when VOLVA and her holligans walk in  and he declared the results without the process completed.

There are dozens of video to prove this... and I uploaded most of them. You cannot hide from the facts. The world saw it .... 

The videos are here in the archives. 

The OAS says, PPP uploaded their SOPs and APNU never did and they have the duplicate... them people asked why didn't APNU as of today challenge PPP on there SOPs.   

Ayo tek it from hay...

FM

@Django .. I have no time gotay daal with you hay, but answer this question.

Why is APNU afraid of a recount?   and don't bring ram goat story hay about court action today.... the delay has been going on for days now, and I show the relationship with the commercial court judge and APNU who does not have jurisdiction in these matters.  

FM

@Django, look in the mirror, the idiot staring right back at you! 

Don't know what the hell you referring to. Unlike you, I don't have all day and all night to spend on social media.  You are a bloody fool to take that as your lead!  Many of your friends never even respond!  When the dialogue is circular, why bother!

FM
Last edited by Former Member

@Django .. I have no time gotay daal with you hay, but answer this question.

Why is APNU afraid of a recount?   and don't bring ram goat story hay about court action today.... the delay has been going on for days now, and I show the relationship with the commercial court judge and APNU who does not have jurisdiction in these matters.  

Who says they are afraid ? the re-count have to be done with the confines of the LAW.

Django
Last edited by Django

β€˜There are forces that do not want to see the votes recounted’ in Guyana – Mottley

0

Statement by Chairman of the Caribbean Community (CARICOM) The Honourable Mia Amor Mottley,

Prime Minister of Barbados

on the Withdrawal of CARICOM High Level Team

The Caribbean Community (CARICOM) deeply regrets that it has been forced to withdraw the independent High-Level Team it fielded on Saturday, 14 March 2020, to supervise the re-counting of the ballots in Region 4 of the General and Regional Elections of 2 March 2020 in Guyana.

The fielding of the Team had been at the request of His Excellency David Granger, President of Guyana, on Saturday 14 March 2020. In response, and given the urgency of the task, the Team was mobilised immediately and arrived in Guyana in the early hours of Sunday morning.

Given that the tabulation process had been widely viewed as not being transparent or credible, President Granger and Mr. Bharrat Jagdeo, Leader of the Opposition, agreed that the only possible resolution was by way of a recount supervised by an independent team. This was seen as a significant contribution to bolstering the transparency and legitimacy of the electoral process.

This step forward had been anchored by an Aide Memoire signed by both leaders on 16 March 2020, and the Terms of Reference prepared by the Guyana Elections Commission (GECOM) to govern the role of the High-Level Team on Sunday, 15 March 2020, for the supervision of the recounting of the ballots, not only in Region 4, but in all 10 electoral districts.

A court order issued on 17 March 2020, granted an injunction restraining GECOM from recounting any ballots of the General and Regional Elections of 2 March 2020, and set aside β€œany agreement between the President of Guyana and the Leader of the Opposition and or any agreement between the Guyana Elections Commission and the Caribbean Community”.

The Caribbean Community has no other choice but to withdraw the High-Level Team.

It is clear that there are forces that do not want to see the votes recounted for whatever reason. Any Government which is sworn in without a credible and fully transparent vote count process would lack legitimacy.

I would like to thank the High-Level Team for offering to serve at such short notice and for displaying the patience they have displayed over the last three days. The Team was led by Ms Francine Baron, former Attorney-General and Foreign Minister of Dominica, and included Mr Anthony Boatswain, former Minister of Finance of Grenada and Ms Cynthia Barrow-Giles, Senior Lecturer in the Department of Government at the University of the West Indies. They were accompanied by Ms Angela Taylor and Ms Fern Narcis-Scope, the Chief Elections Officers of Barbados and Trinidad and Tobago.

As I said in an earlier statement it is critical that good sense prevail. The preservation of law and order is paramount and all parties must work hard to ensure that there is peace on the roads and in the communities across Guyana.

The Community remains committed to the people of Guyana.

 

 

FM

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