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Former Member
Former Member
55 mins ·
The Guyana Police Force should immediately release Mr Bryan McIntosh(Bryan Maxx). Mr McIntosh is being held without charge and on the instruction of a senior APNU+AFC official.
The police were instructed to keep Mr McIntosh in custody for 72 hours by this official.
Former Member
2015 Statements of Poll were made available for all to see by GECOM .
2020 GECOM is being told not to show their SOPs. I wonder if Claudette realises that the APNU/AFC will lay all the blame at her foot. AND wondering too why she is comfortable with that.
Former Member
GECOM Chairman, Chief Elections Officer at odds over recount of general election votes
Posted by: Denis Chabrol in News, Politics March 27, 2020 0 Comments
Attorneys-at-Law Neil Boston and GECOM Chairman Claudette Singh.
The Chairman of the Guyana Elections Commission, Retired Justice Claudette Singh and the Chief Elections Officer, Keith Lowenfield are at odds over whether the seven-member body can order a recount of votes cast in general and regional elections earlier this month.
Singh, through her lawyer Kim Kyte-Thomas, said in High Court papers that the seven-member GECOM can constitutionally order a recount if it believes there are irregularities in the counts conducted under the supervision of the Returning Officers. “Once there is evidence that the electoral process was compromised then to ensure the impartiality, fairness and compliance with the provisions of the Constitution or of any Act of Parliament the commission is constitutionally mandated to intervene to ensure public confidence in the electoral process,” she said.
The GECOM Chairman, through her lawyer, further argued that with or without the formal agreement between President David Granger and Opposition Leader, the Commission has “separate and independent powers” under the constitution to supervise the electoral process.
“This means that the commission can order a recount,” said Kyte-Thomas.
Noting that the Returning Officer for Region Four refused several requests for recounts for “varying reasons” but the Commission can intervene to correct this even at this stage, the GECOM Chairman said the commission has two options- accept the Chief Elections Officer’s report in keeping with the Representation of the People Act or order a recount of the votes cast. “Thus, it would be unlawful for the court to direct the commission on the way forward to complete the process where these issues are still outstanding,” she said.
But, Attorney-at-Law Neil Boston, who is representing the Chief Elections Officer, contends that after the High Court is settled, GECOM could not recount the votes. “They can’t do that. To do that is unlawful.. There is an election court that will have to review all the evidence by the persons who were there to determine whether there was some unlawful act or omission which affected the results,” said the lawyer.
Representative of the People’s Progressive Party’s (PPP) List of Candidates, Bharrat Jagdeo, through Attorney-at-Law Anil Nandlall welcomed the GECOM Chairman’s submissions. “Those are very positive submissions made to the court by the Chairperson herself and I believe that it will lend a far way in resolving the dispute because the dispute essentially is should the recount not be granted, having regard to everything that has transpired or are we going to use the court as a legal cover not to do a recount when everyone is requesting a recount is a mandatory facility by the law and recount will address definitively all of the matters or most of the matters of controversy,” he said.
Nandlall said he and other members of his legal team would appeal Friday’s decision by High Court Judge, Franklyn Holder that he has jurisdiction to hear a request for a judicial review of GECOM’s now halted decision to conduct a recount of the votes cast on March 2. Relying on the Representation of the People Act that bars a court from enquiring into decisions by the seven-member GECOM, Nandlall said the appeal might go all the way to the Caribbean Court of Justice (CCJ).
Dave posted:55 mins ·The Guyana Police Force should immediately release Mr Bryan McIntosh(Bryan Maxx). Mr McIntosh is being held without charge and on the instruction of a senior APNU+AFC official.
The police were instructed to keep Mr McIntosh in custody for 72 hours by this official.
Mad Maxx is creating mischief all over the place. How do you classify him? Press? Agitator? Activist?
Former Member
1 hr ·
An appeal against Justice Franklin Holder’s ruling in the Ulita Moore’s case that the High Court has jurisdiction to hear and determine those proceedings, along with an Application for a Stay of those proceedings while the Appeal is being heard, have already been filed and is fixed for hearing at 11:00am on Monday, March 30, 2020.
And the struggle continues...
Former Member
Totaram posted:Dave posted:55 mins ·The Guyana Police Force should immediately release Mr Bryan McIntosh(Bryan Maxx). Mr McIntosh is being held without charge and on the instruction of a senior APNU+AFC official.
The police were instructed to keep Mr McIntosh in custody for 72 hours by this official.Mad Maxx is creating mischief all over the place. How do you classify him? Press? Agitator? Activist?
where was your head, when James Bond call for a list of people to be killed and will go out and deal with people watching the container.
Former Member
Regardless of what the courts in Guyana rule, any government formed using the flawed results will be deemed illegitimate and all individuals who seek to benefit from the electoral fraud will face serious consequences, including personal sanctions from the civilized world. This much is crystal clear, it behooves the question then of why the PPPC is participating in the cases being heard by Justice Holder? The answer is complex but deserves exploration.
The PPPC is led by persons who have a deep appreciation for the Rule of Law; it is a strength and also a flaw; one that was exploited by David Granger after his administration fell to the motion of No-confidence in December 2018 and now after his (Granger's) administration has been voted out of office.
The PPPC also sets great store in Democracy and peaceful transitions of government; they understand fully that every possible option must be taken to avoid the spilling of blood and loss of lives. The characteristics of inherent decency and responsibility are exploited by Granger's party, members of which, find ways to let it be known that there will be no acceptance of loss by its supporters and "Georgetown will burn and ethnic violence will erupt", some see this as 'bullyism" I characterize it as blissful ignorance.
The will of the people is known and the PPPC can only keep the peace for a limited period. Anger is seething throughout the land and it is not confined to any ethnicity or party; as time goes by and Granger leads Guyana into the world of pariah states with an empty treasury, a high overdraft and no sensible plan to deal with the Coronavirus, there will be an inevitable eruption and there is nothing the PPPC can do to prevent this happening. The fate of the APNU/AFC leaders is within their control at this point; embrace the democratic transition of power or face the wrath of the people scorned. David Granger is a historian, he must know where this all ends.
People are dying from Covid-19 as I pen this, many more will die and Granger's response is to place the response in the hands of the singularly incompetent hands of a man labeled a 'rubbastamp' based on his track record, Moses Nagamootto is not the person to lead us out of this pandemic safely. The transition to a legitimate government must be effected immediately to prevent significant loss of life.
For now, the PPPC is playing the Granger musical chairs of C's, the Courts, Constitution, Commission (GECOM) and Confusion; what happens when the music stops is anyone’s guess.
Respectfully
Robin Singh
Former Member
FIRST IT WAS GIFTLAND CAMERAS, NOW ITS BRYAN VIDEO. - THE FIGHT WILL CONTINUE .... THEY WILL HAVE TO LOCKED UP 1000 BRYAN.
Former Member
@Dave I have no idea what you are talking about . I have watched videos with Mad Maxx and wondered why he was free to slander people and talk crap non stop. In one of the videos he invited the police to lock him up.
Totaram posted:Dave posted:55 mins ·The Guyana Police Force should immediately release Mr Bryan McIntosh(Bryan Maxx). Mr McIntosh is being held without charge and on the instruction of a senior APNU+AFC official.
The police were instructed to keep Mr McIntosh in custody for 72 hours by this official.Mad Maxx is creating mischief all over the place. How do you classify him? Press? Agitator? Activist?
HERO!
Former Member
Michael Grant
@MGrant_Canada
Michael Grant
@MGrant_Canada
We’re monitoring closely the legal proceedings related to Guyana’s elections. We believe a recount of the ballots is necessary to ensure every vote is counted. The will of the people must be respected for Canada to recognize the legitimacy of a duly elected government.
Former Member
Justice Singh tells court Constitution mandates GECOM to act fairly; says recount must not be blocked
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Justice Claudette Singh, the Chair of the Guyana Elections Commission (GECOM), in an affidavit to the High Court has made it clear that the Constitution mandates GECOM to act where there are questions over the fairness and transparency of the electoral process and that the Court should not prevent GECOM from carrying out a recount which the Chief Justice has already accepted as the remedy if there are discrepancies with the Region Four vote count.
APNU+AFC candidate Ulita Moore has asked the court to block the recount on the basis that GECOM cannot act on an agreement made between her leader President David Granger, Opposition Leader Bharrat Jagdeo and the Caribbean Community (CARICOM).
But in her affidavit, the GECOM chair said the decision of the recount was GECOM’s and that the CARICOM team was simply the mechanism to ensure transparency and not a case of political leaders usurping the functions of GECOM as an independent constitutional body.
In her affidavit, the GECOM chair noted that Article 161 (1) (b) of the Constitution provides clear and convincing authority for GECOM to take action it finds necessary and expedient to ensure impartiality, fairness and compliance with the provisions of the Constitution or any Act of Parliament.
She cited the Chief Justice’s recent ruling on the breach of the law by Returning Officer Clairmont Mingo, where the Chief Justice said that in today’s context, where persons are to exercise statutory duties they must do so transparently and that the Returning Officer’s statutory duties are laid out so as to “engender transparency and accountability and thereby to ensure impartiality and fairness.”
The full Commission, including the Chair, had agreed to the recount. In her affidavit, Justice Singh pointed to Section 162 (1) (b) of the Constitution which states that GECOM “shall issue such instructions and take such action as appear to be necessary or expedient to ensure impartiality, fairness and compliance.”
“Thus, once there is evidence that the electoral process was compromised, then to ensure impartiality, fairness and compliance with the Constitution the Commission is constitutionally mandated to intervene to ensure public confidence in the electoral process,” Justice Singh’s affidavit states.
As such, she said with or without the agreement of the President, Opposition Leader Jagdeo and CARICOM, the Commission has separate and independent powers under the Constitution to execute supervisory powers in respect to the electoral process.
“This means the Commission can order a recount,” Justice Singh stated in her sworn affidavit.
She further contended that any restrictive application of the Constitution confining it only to when the officer is acting, and not after, makes a mockery of the article (of the Constitution) and the spirit and intention of the Parliament.
“The intention of Parliament as to vest GECOM with independent supervisory powers to ensure fairness, transparency and impartiality of the electoral process.
“It is further submitted that Section 140 provides GECOM with a further protective shield to allow the body to act independently and unfettered to provide the nation with a credible electoral process.”
There have been arguments made that the matters being challenged belong to an election petition after the results are declared.
But Justice Singh argues that the electoral process is not yet completed since the word “election” means the whole process of an election which starts with the proclamation of the elections date to the issue of the result of the election.
Justice Singh argued that GECOM was in the process of exercising its constitutional supervisory functions when it was stopped by the Court.
Unlike the argument from the APNU+AFC applicant in the case, Justice Singh indicated that the agreement by the political leaders is not to be read as politicians taking over the process.
“The CARCOM Mission was simply the mechanism to give effect to the recount,” she stated.
To bolster her case, she cited the order which was prepared to be gazetted to carry out the recount.
“AND WHEREAS the declaration of results pursuant to Section 84 (1) of the Representation of the People Act Chapter 1:03 have been made but marred by controversy and challenged in legal proceedings in the High Court.
“AND WHEREAS the Guyana Elections Commission seeks resource in Section 22 of the Election Laws (Amendment) Act No 15 of 2000, to remove difficulties connected with the application of the Representation of the People’s Act Chapter 1:03 in implementing decisions related to the conduct of the recount of all ballots cast at the said election, the tabulation and declaration of results and supervision of the entire process by the High Level team….”
The order, Justice Singh, therefore argued, provides the reason for the necessary intervention by the Commission and “shows clearly that the CARICOM team was just the mechanism to assist in providing credible elections to the nation.”
She also noted the undertaking she gave to the Chief Justice on March 13, namely, “that the tabulation process was in progress and that should there be discrepancies in the Statements of Poll as called by the Returning Officer and those held by political parties then the discrepancy should be noted and at the end of the process if they could not be addressed then I will endeavour to facilitative a recount at the level of the Commission.”
The GECOM chair said that this undertaking was accepted by the court, which has concurrent or similar powers to that of the Chief Justice, the undertaking cannot now be injuncted or stopped.
As such, she argued that the current court should not fetter GECOM in the exercise of its constitutional role and functions.
She said that though the request by several parties for a recount was rejected by the Returning Officer, the Commission can intervene and correct this.
“Thus it would be unlawful for the court to direct the Commission on the way forward to complete the process where these issues are still outstanding,” Justice Singh states in her affidavit and said the process “must be completed in conformity with the law, fairness and impartiality…”
She urged the court to heed the words of then Chief Justice Desiree Bernard in a 2001 case when she stated: “In the present volatile situation which pervades our country, no effort must be spared to assure everyone that the process was fair and impartial. Lingering doubts that hang like a sword of Damocles over the head of the Commission must be removed. Confidence in the electoral process must be restored.”
Therefore, the GECOM Chair said the application to block the recount should be rejected and the Commission should be permitted to execute its constitutional role and functions with or without the CARICOM agreement.
Former Member
Dave posted:Justice Singh tells court Constitution mandates GECOM to act fairly; says recount must not be blocked
Justice Claudette Singh, the Chair of the Guyana Elections Commission (GECOM), in an affidavit to the High Court has made it clear that the Constitution mandates GECOM to act where there are questions over the fairness and transparency of the electoral process and that the Court should not prevent GECOM from carrying out a recount which the Chief Justice has already accepted as the remedy if there are discrepancies with the Region Four vote count.
In her affidavit, the GECOM chair noted that Article 161 (1) (b) of the Constitution provides clear and convincing authority for GECOM to take action it finds necessary and expedient to ensure impartiality, fairness and compliance with the provisions of the Constitution or any Act of Parliament.“Thus it would be unlawful for the court to direct the Commission on the way forward to complete the process where these issues are still outstanding,” Justice Singh states in her affidavit and said the process “must be completed in conformity with the law, fairness and impartiality…”Therefore, the GECOM Chair said the application to block the recount should be rejected and the Commission should be permitted to execute its constitutional role and functions with or without the CARICOM agreement.
Correct on the process ... hence recount MUST be done.
Former Member
Dave posted:Justice Singh tells court Constitution mandates GECOM to act fairly; says recount must not be blockedThe order, Justice Singh, therefore argued, provides the reason for the necessary intervention by the Commission and “shows clearly that the CARICOM team was just the mechanism to assist in providing credible elections to the nation.”She also noted the undertaking she gave to the Chief Justice on March 13, namely, “that the tabulation process was in progress and that should there be discrepancies in the Statements of Poll as called by the Returning Officer and those held by political parties then the discrepancy should be noted and at the end of the process if they could not be addressed then I will endeavour to facilitative a recount at the level of the Commission.”
Specific to the point and process.
Dave posted:Michael Grant@MGrant_CanadaDiplomat Assistant Deputy Minister/Sous Ministre Adjoint - AmericasMichael Grant@MGrant_CanadaWe’re monitoring closely the legal proceedings related to Guyana’s elections. We believe a recount of the ballots is necessary to ensure every vote is counted. The will of the people must be respected for Canada to recognize the legitimacy of a duly elected government.
The Canadian government is fully aware of the PNC Drama and in conjunction with other foreign countries action will be taken soon.
Time and patience is running out.
Former Member
Totaram posted:Dave posted:55 mins ·The Guyana Police Force should immediately release Mr Bryan McIntosh(Bryan Maxx). Mr McIntosh is being held without charge and on the instruction of a senior APNU+AFC official.
The police were instructed to keep Mr McIntosh in custody for 72 hours by this official.Mad Maxx is creating mischief all over the place. How do you classify him? Press? Agitator? Activist?
As much as I don’t agree with a lot that the government is doing, Max’s stupid big mouth led to his own demise. You can’t go around threatening people in times of crisis, especially a senior government official. He’s probably looking to be locked up to play the heroic victim role for his Facebook fans.
Former Member
kp posted:Dave posted:Michael Grant@MGrant_CanadaDiplomat Assistant Deputy Minister/Sous Ministre Adjoint - AmericasMichael Grant@MGrant_CanadaWe’re monitoring closely the legal proceedings related to Guyana’s elections. We believe a recount of the ballots is necessary to ensure every vote is counted. The will of the people must be respected for Canada to recognize the legitimacy of a duly elected government.The Canadian government is fully aware of the PNC Drama and in conjunction with other foreign countries action will be taken soon.
Time and patience is running out.
I spoke with the Canadian Ambassador to Guyana this morning for 12 mins and told her, Ottawa has to issue a statement.... @7:30 pm, she send me a copy of the message issue by the Assistance Deputy Minister of Americans Of Global Affairs Cananda... all the major news outlet was send a copy including Caricom, Caribbean News Services, foreign Policy Can. Except KN.
Former Member
Totaram posted:@Dave I have no idea what you are talking about . I have watched videos with Mad Maxx and wondered why he was free to slander people and talk crap non stop. In one of the videos he invited the police to lock him up.
It may be too foreign for you but there is such a thing as free speech amongst civilized people.
Former Member
James Bond is inciting violence and attempting to incite a race war and yet he walks freely. Justice PNC style. We walked down this road before during PNC’s Burnham and Hoyte era. It’s just a lil bump in the road, Guyanese will overcome. The difference is that the world is condemning and will act if PNC illegally installs Granger without a fair and impartial recount of Region 4. granger backside is under fire.
Former Member
No government forming before all votes counted. Let them dream.
That was a good move, don’t swirl in PNC inspired shit creek, fast track to the CCJ.
Former Member
Tom posted:James Bond is inciting violence and attempting to incite a race war and yet he walks freely. Justice PNC style. We walked down this road before during PNC’s Burnham and Hoyte era. It’s just a lil bump in the road, Guyanese will overcome. The difference is that the world is condemning and will act if PNC illegally installs Granger without a fair and impartial recount of Region 4. granger backside is under fire.
I think he is on the US black list. Saw how quickly he got poked in the eye about the US not talking to the Ambassador?
Former Member
@Former Member @Former Member
Do you guys still believe what Claudette Singh is feeding you? Yes, she is correct about the process and she knew it before today, but yet stood by and watched it being raped in front of her own eyes and those of the International Observers by thugs of the Coalition and did nothing. I just don’t trust her from the day she was appointed. She is nothing but a slimy snake who twists and turns in the bushes. Who vex vex, who nah vex be happy.
Former Member
@ Dondadda ...
There are many items that are clouding the issues.
However, the recount specifically for Region 4 is the focus.
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