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Retired Justice James Patterson is not yet sure of how he should respond to a ruling from the Caribbean Court of Justice that his appointment as Chairman of the Guyana Elections Commission (GECOM) was unconstitutional.
Speaking with Stabroek News last evening Patterson maintained that it would be “injudicious” for him to give his view on the court’s ruling.
“It is the final court and I hope that those concerned will respect its edict,” he said.
Asked if he was prepared to resign his post as part of showing respect to the “edict of the court”, Patterson said “I haven’t thought of that.”
“I haven’t digested the case I just have an extract. The result was delivered a few hours ago I don’t have time to think of these personal concerns,” he explained.
Patterson was unilaterally appointed by President David Granger following months of deadlock during which the President rejected three lists with a total of 18 nominees which had been submitted by Opposition Leader Bharrat Jagdeo.
As part of a series of rulings related to governance issues in Guyana, the court concluded that Patterson’s appointment was in breach of the Constitution and invited both sides to make submissions on how the issue should be rectified.
Stabroek News reached out to all the members of the commission on the ruling but was only able to make contact with Patterson, Government-nominated Com-missioner Charles Corbin and Opposition nominated Commissioner Sase Gunraj.
According to Corbin the decision “is a matter outside the commission.”
“It is not a matter for the commissioners but for the President and the Opposition Leader,” he maintained.
Similarly Gunraj stressed that his duty as a Commissioner is to participate in the commission rather than appoint or constitute its membership.
He however urged that parties with the responsibility of appointing a chairman get their act together very quickly so the work of the commission can start.
“The Chairman has sole power to call meetings which cannot proceed in the absence of a chairman, as a consequence a properly appointed Chairman is essential to the functioning of GECOM,” Gunraj explained.
He noted that “the parties involved have been charged with finding consensus therefore the phase of discussion before consequential orders are issued on June 24 is essential”.
Meanwhile he hopes that “as a former judicial officer Justice Patterson recognizes the importance of adhering to a decision of court” including possibly offering a resignation.