Dear Editor,

Guyana should follow Trinidad in having an expedited judicial hearing to the election petition (filed in May) before the court in order to end the uneasy, tense relation among the population. The economy has been contracting since May as a result of the instability resulting from the problematic election procedure when the Guyana Elections Commission (GECOM) refused to carry out a recount of the ballots as it had promised before the declaration of the final results. Development will remain at a standstill unless the matter is brought to a quick resolution as businesses will not want to commit to new investment. Neighbouring Trinidad was able to have its election petition addressed within two months while Guyana’s is moving at a snail’s pace.

It is noted that Guyana held General Elections in May while Trinidad held elections four months later in September. Both election results were challenged by the defeated incumbent parties. But whereas Guyana’s election challenge to vitiate the results has no resolution in sight, in neighbouring Trinidad, the court has ruled on an election petition on Monday – just a little over two months after the petition was filed.

The Opposition United National Congress (UNC) in Trinidad was granted leave (to bring forth evidence) by High Court Justice Mira Dean-Armorer to challenge the election commission for extending the voting time. The UNC felt that extending the voting time was illegal and that it led to its defeat – not equally applied to all). The then Opposition PNM won 23-18. The ruling PNM appealed the decision. The appeal court held oral hearing three weeks ago and rendered a decision on November 30. The Elections and Boundaries Commission (EBC) joined in the challenge to Justice Dean Armorer’s ruling claiming it has absolute power to set conditions pertaining to all aspects of the election.

Justice Dean-Armorer felt the EBC has to answer to the charge of inequity in extending the voting time. The Court of Appeal was asked to decide the constitutionality of the decision of Justice Dean Armorer who granted leave to the UNC to challenge the results of the September 7 General Elections. There was a majority decision 2-1 in the appeal.

The Chief Justice Ivor Archie was the lone dissenting voice in the petition ruling that went against the PNM and the EBC. Voters have questioned the CJ’s uttering during the oral phase of the appeal three weeks ago when he stated he does not want the country to go through another election even before listening to the evidence. Lawyers felt he should not have voiced a personal opinion. He should have heard the matter and not offer an opinion. Many felt his judgment was biased and are not surprised by his dissent.

The case will now go to trial and will take some months before it is concluded. Trial begins in late February right after carnival. And the Chief Justice said the trial will be expedited, unlike in Guyana where it has been a slow process with the court not speeding up the trial to bring about a quick resolution. Lawyers in Trinidad say they expect the entire process – testimony of over 1000 witnesses and oral arguments – to be completed within nine months. In Guyana, it appears the ruling party is not interested in a speedy resolution to the election petition resulting in an unstable economic environment that will only hurt the population.

Yours truly,

Vishnu Bisram