GECOM legally bound to produce credible results
– Justice Pollard says GECOM must ensure evidence used to pronounce on elections is credible
By Lisa Hamilton
FORMER Judge of the Caribbean Court of Justice (CCJ) Professor Duke Pollard has asserted that the Guyana Elections Commission (GECOM) is bound to produce credible elections results and that it cannot submit to the country information which lacks integrity.
“If the information provided for the outcome is not credible, then the outcome itself could not be credible. GECOM is required to present a credible account of this recount process. It [is] strange to see how GECOM can give a credible report of the recount process if it is precluded from substantiating the integrity of the information,” Justice Pollard told this newspaper on Wednesday, adding: “It would be counterproductive to do so.”
The remarks of Justice Pollard come as the elections commission awaits the summary report of Chief Elections Officer (CEO) Keith Lowenfield on the recently concluded national recount. This report must be presented on or before June 13 and will include a tabulation of the certified recount results from the 10 electoral districts, together with a summary of the observation reports for each district. The commission is expected to deliberate on this report before it determines whether the CEO should use the data to compile a final report for declaration of the results by GECOM Chairperson, Justice (Ret’d) Claudette Singh.
However, many of the observation reports are laden with instances of irregularities and alleged fraud which many believe place a dark cloud of doubt and uncertainty over the integrity of the results.
The irregularities highlighted include counterfoils and ballots carrying the same number; ballots for one region cast in another; ballots cast for the dead and persons who have migrated; persons voting without proper identification; persons voting outside of their districts without employment documents; large numbers of improperly stamped ballots at locations where disciplined services members voted; missing poll books; documents from one polling station being found in the ballot boxes of another and ballot boxes with no single statutory documents.
Some politicians believe that GECOM cannot and should not do anything about these instances, because such matters are within the remit of the courts. “There are things that can be done in a recount exercise and there are things which cannot be done. So GECOM, lawfully, has no jurisdiction, no power, no authority to pronounce on credibility, legality or validity of its process. In any event by the principle of natural justice, one cannot be a judge in one’s own cause,” People’s Progressive Party/Civic (PPP/C) executive member Anil Nandlall has opined.
However, he said that the law cannot indicate that GECOM must make a credible report, but then prevent the commission from establishing the credibility of its report.
“If you’re responsible for an outcome, I don’t see how you can disassociate the credibility of that outcome from the credibility of the information responsible for that outcome,” he pointed out.
The Oder which legally triggered the recount states that the recount set out to verify the ballots cast against statutory documents that were expected to be present in each ballot box.
It states: “AND WHEREAS the Guyana Elections Commission, in the exercise of the authority vested in it under Article 162 of the Constitution and pursuant to Section 22 of the Elections Laws (Amendment) Act, No. 15 of 2000, seeks to remove difficulties connected with the application of the Representation of the People Act, Chapter 1:03, in implementing its decisions relating to the conduct of the aforementioned recount of all ballots cast at the said elections, including the reconciliation of the ballots issued with the ballots cast, destroyed, spoiled, stamped, and as deemed necessary, their counterfoils/stubs; the authenticity of the ballots and the number of voters listed and crossed out as having voted; the number of votes cast without ID cards; the number of proxies issued and the number utilized; statistical anomalies; occurrences recorded in the Poll Book.”
It is on this basis that the numerous cases of missing documents were highlighted, primarily by APNU+AFC party agents. The party has also claimed electoral fraud and has provided evidence to support their claims to the commission.
GECOM is still at the second stage of a four-stage process to conclude the recount. Stage one is the counting of the ballots; Stage two is the compilation of the summary report; Stage three is the review of the said report and Stage four will reveal whether the CEO is instructed to use the data to compile a final report for declaration of the results.
In all its processes GECOM is constitutionally obliged to act with impartiality and fairness in the execution of its duties, according to (162 (1) [b] of the Constitution.
The article states: “The Elections Commission shall issue such instructions and take such action as appear to it to be necessary or expedient to ensure impartiality, fairness, and compliance with the provisions of this constitution or of any act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid.”
Meanwhile, ahead of the deliberation, Justice Pollard iterated: “GECOM has the authority to ensure that the evidence they’re using as the basis for the report is credible.”