Skip to main content

@Rochelle posted:

I saw the alleged letter. "Results of the recount" will still need to be "ascertained", leaving discretion to Mr. Lowenfield on what is considered valid under Section 96 of the Act.

Rochelle ????

CEO MUST COMPLY WITH DIRECTIONS OF GECOM

The Rigging Cabal, even at this late stage, is refusing to concede that they have lost the 2020 General and Regional Elections. They continue to hatch one specious argument after another, in their futile efforts to hold out the illusion of hope to a misguided segment of the population.

Last night, I responded to Joe Harmon. Today, they have constructed a new narrative. The Chairperson has made it, excrutiatingly, clear that GECOM has no jurisdiction to determine the credibility of, or to arrogate unto itself the jurisdiction to annul, an election. The Commission has already directed the Chief Election Officer to prepare and submit a Report β€œusing the results of the recount, for consideration by the Commission”, pursuant to Article 177 (2) (b) of the Constitution and Section 96 of the Representation of the People Act.

The new argument is that section 96 of the Representation of the People Act confers upon the Chief Election Officer, a power to ascertain the validity of votes and that he can only calculate votes that he determines to be valid. Section 96 provides:
S96. (1): β€œThe Chief Election Officer shall, after calculating the total number of valid votes of electors which have been cast for each list of candidates, on the basis of the votes counted and the information furnished by returning officers under section 84(11), ascertain the result of the election in accordance with sections 97 and 98.
(2).The Chief Election Officer shall prepare a report manually and in electronic form in terms of section 99 for the benefit of the Commission, which shall be the basis for the Commission to declare and publish the election results under section 99.”

It is common knowledge that the Chief Election Officer has already submitted to the Commission, the total valid votes cast for each List of Candidates for the General and Regional Elections, as generated by the National Recount exercise. I am attaching two documents submitted by the Chief Election Officer containing these tabulations. It will be noted that each of these documents bears a caption β€œtotal valid votes cast”. Therefore, the Chief Election Officer has already complied with that part of section 96(1) of the Representation of People Act; and what he is now directed to do by the Commission is to comply with the latter part of the section, that is to say, β€œascertain the result of the election in accordance with sections 97 and 98” and then prepare the Report referred to in section 96 (2)”.

There is a notion being peddled that the Chief Election Officer can function independently of, or can countermand a direction of the Commission. It is, perhaps, this mistaken belief which may have produced the further misconception that the Chief Election Officer has a power to determine the validity of votes. I will now debunk these fallacies one after the other.

The Chief Election Officer is at all material times subservient to the Commission and can only act in accordance with the direction and remains under the control of the Commission. Section 18 of the Election Laws (Amendment) Act puts this issue to rest. Section 18 provides:
S18: β€œThe Chief Election Officer and the Commissioner of Registration shall notwithstanding anything written in any law be subject to the direction and control of the Commission.”

In terms of the validity of a vote, the Commission at the commencement and throughout the Recount process, embraced the true legal settled position, which is: that a vote is valid, once, ex facie, the ballot paper is authentic, it is authorized by bearing the 6 digit stamp of the Presiding Officer or any part thereof and it has a mark of the voter which proximately relates to the symbol of a political party; that anyone who alleges that such a vote is invalid, must so prove to the satisfaction of the High Court in an elections petition filed pursuant to Article 163 of the Constitution.
Yesterday, the Chairperson in effect again embraced these principles at a meeting of the Commission.

In the circumstances, the Chief Election Officer, being subject to the Commission, can neither defy, nor act outside of the four corners of these principles. In short, his function remains quite mechanical, which is, to use the total of valid votes already calculated and submitted to the Commission (see the 2 attachments hereto) and comply with the remainder of section 96. He has no legal latitude to do anything else.

No photo description available.

No photo description available.

FM

Man arrested, Security company’s guns seized after social media threat

June 17 2020

https://newssourcegy.com/crime...social-media-threat/

In a statement this evening, the Guyana Police Force said the weapons belong to a private security firm and have all been seized.

Man arrested, Security company’s guns seized after social media threat

A 26-year-old man who brandished a number of firearms in a video that went viral on social media has been arrested and remains in Police custody tonight.

In a statement this evening, the Guyana Police Force said the weapons belong to a private security firm and have all been seized.

In the video, the man could be heard singing a popular local song that was part of the elections campaign for the coalition and threatening to use violence β€œif they don’t want to come out”.

The Guyana Police Force said it launched an immediate investigation once the video came to its attention and that led to the arrest and the seizure of the firearms.




BREAKING NEWS- HGP NIGHTLY NEWS- The guy heard in this video has been
arrested by the police( in red)...He is Jermaine Kingston of NM security services .
Police said that following the circulation of the video on social media today in which a cache of firearms was on display and also in which threats of violence were made, the guyana Police Force promptly commenced a thorough investigation.
So far investigators have arrested a 26-year-old male and seized a number of firearms belonging to a private security firm.
A further update will follow.


https://www.facebook.com/travis.chase2

Link above to live videos .

Django
Last edited by Django

President meets with Coalition partners; Harmon wants CEO to stick to recount report

June 17 2020

https://newssourcegy.com/news/...k-to-recount-report/

The meeting lasted for close to 90 minutes and took place at State House, the official residence of the President.

President meets with Coalition partners; Harmon wants CEO to stick to recount report

President David Granger this afternoon met with the leaders and senior officials of the other parties in the APNU+AFC coalition.

The meeting lasted for close to 90 minutes and took place at State House, the official residence of the President.

Most of the officials were tight lipped as they hurried off after the meeting, offering no comment.

However, APNU General Secretary and Coalition Candidate Joe Harmon said he is still of the opinion that Chief Elections Officer in his report to the Chairperson of the Commission can only present valid votes that take into account the anomalies that were raised during the recount.

Mr. Harmon maintains that he does not believe that the votes which were linked to the anomalies unearthed during the recount ought to be considered valid.

β€œThe Chief Elections Officer can only make a declaration on valid votes and under Section 96, he has to make a declaration on valid votes and I will address that later on. We are not asking him to change his report, he has already made a report which said that Districts One to Ten all contained significant anomalies and therefore he could not declare that they were fair and a true reflection of the will of the Guyanese people in those Districts. So he doesn’t have to change, but he has to stick to those reports”, Mr. Harmon told reporters.

According to Mr. Harmon, the Chief Elections Officer has been consistent with his position on the issue of anomalies and he is hoping that the consistency will continue as he prepares his report for the Chairperson.

Harmon said β€œthis is not a matter of failure or whatever, we don’t have any considerations in that regard. It is a four stage process and we have always said we remain faithful to the process”.

The Chairperson of the Guyana Elections Commission, Justice Claudette Singh in a statement yesterday made it clear that the Elections Commission is not empowered to investigate the anomalies discovered during the recount and it also has no power to annul the elections.

Justice Singh said those matters will have to be taken up before the Courts. She has asked the Chief Elections Officer to prepare his final report based on the votes of the recount.

Django

Dark Days for Guyana. Granger is back peddling from his promise to abide by Gecom declaration. He is now saying the election is not credible base upon Lowenfield declaration. The chair of Gecom said GECOM is NOT a court of law and any allegation can be address with the court.

Their is protest in NA at Gecom head quarters.

The fight continue. 

 

 

FM
Breaking

Nandlall says no injunction has been granted against GECOM or CEO, meeting can proceed

Anil Nandlall
Anil Nandlall

This story is developing and will be updated.

Attorney Anil Nandlall this afternoon said that no Injunction or Order of Court has been granted against the Chief Election Officer (CEO) or GECOM.

 

In a post on his Facebook page, he said that an Application has been filed to the Court of Appeal seeking a number of Orders.

No date has been fixed for hearing.

He said that GECOM can proceed with its meeting today to finalise results.His statement followed reports that CEO Keith Lowenfield had been injuncted from presenting his final report today on the March 2nd general elections.

According to the notice of motion seen by Stabroek News, it was filed by attorney Mayo Robertson on behalf of Eslyn David.

David is seeking the following orders:

 

a)          A  Declaration  that  the  GUYANA ELECTIONS COMMISSION has  failed  to  act  in  accordance  with  the  terms  of  the  Order No.  60  of  2020  and  the  amended  Order  dated  the  29th day of  May,  2020,  in  that  the  GUYANA ELECTIONS COMMISSION  has  failed  to  determine a final credible count and or  the  credibility  of  the result  of  the  General  and  Regional  Elections held on the 2nd day  of  March,  2020,  as  required  to  do  by  Order  No. 60 of  2020  and  the  amended Order dated the 29th day of May, 2020.

 

b)          An  Order  that  there  be  an  interpretation  of  the words β€œmore votes are cast” in Article 177 (2) (b) of the Constitution of Guyana.

c)          An  Order restraining the Chief Elections Officer from complying with the Direction of the Chairman of the Guyana Elections Commission as set out in a Letter dated the 16th day of June, 2020,to submit to the Guyana Elections Commission an Elections Report under Article 177 (2) ( b) of the Constitution of Guyana without the Guyana Elections Commission determining the final credible count and or the credibility of  the General  and  Regional  Elections  held  on the 2nd day of March, 2020, as required by the Order No. 60 of 2020 and the amended Order of the 29th day of March, 2020.

 

 

d)          An  Order  restraining the Chief Elections Officer from complying with the Direction of the Chairman of the Guyana Election Commission as set out in a Letter dated the 16th  day of June, 2020,  to submit an Elections Report under Section 96 of the Representation of the People  Act without the Guyana Elections Commission  determining the final credible count and or the credibility of  the result  of  the  General  and  Regional  Elections  held  on the 2nd day of March, 2020, as required by the Order No. 60 of 2020 and the amended Order of the 29th day of March, 2020.

 

e)          An  Order restraining the Chief Elections Officer from submitting  to  the Guyana Elections Commission an Elections Report under Article 177 (2) (b) of the Constitution containing votes which are not credible within the meaning of Order No. 60 of 2020.

 f)          An  Order restraining  the Chief Elections Officer from submitting  to  the  Elections Commission an Elections  Report under Section 96 of the Representation of the People Act, Chapter 1:03  containing votes which are not valid and credible.

 

g)          Such  further  and  or  other  Order  as  may  be  just.

 

David’s application for orders mirrors the public case that has been presented by APNU+AFC in relation to the recount of votes.

A court marshal visited GECOM today to serve the documents.

 
K

Add Reply

×
×
×
×
×
Link copied to your clipboard.
×
×