Chief Justice (ag) Ian Chang has set July 28 for hearing in the Alliance For Change (AFC) election petition case even as the Guyana Elections Commission (GECOM) stands unrepresented in the matter.
GECOM’s attorney, Ashton Chase SC recently indicated to the court that he would not be appearing on behalf of the body though he had made an initial appearance.
The revelation that GECOM is currently unrepresented triggered concerns in court yesterday and attorney-at-law Anil Nandlall pressed for additional time before the hearing commences. Nandlall, who entered an appearance for PPP General Secretary, Donald Ramotar, said that he was unaware of Chase’s recent decision, but pointed out that he needed time to consult with co-counsel, Bernard DeSantos SC.
The Chief Justice was not inclined to delay the hearing any further. He set the date for trial and then informed Nandlall that when the case is called he is at liberty to make an objection.
It would be the second time that the High Court is hearing the AFC’s election petition. The case was initially heard by then Chief Justice Carl Singh but no decision was handed down, and later became tangled up in the backlog of High Court cases.
The case file also went missing earlier this year and Justice Chang had called on the AFC to reconstruct the file for fresh proceedings to begin – the party agreed but the file was later found.
AFC member Walter Melville filed the petition on behalf of the party concerning the Region Ten parliamentary seat shortly after the 2006 general elections.
Party leader, Raphael Trotman, who is a respondent in the case had told Stabroek News , that there had been no determination of the Region Ten seat following the 2006 elections though the party possessed certified statements of poll, which he said, clearly showed that the AFC had won the seat.
He said the party had won more votes than the People’s Progressive Party/Civic in Region Ten. He added that the seat should have therefore been assigned to the AFC. Trotman noted that GECOM made an announcement that the PPP had won the seat following the elections and that Prime Minister Samuel Hinds was named as the elected PPP/C representative for the seat.
He said too that Chairman of GECOM, Dr Steve Surijbally then acknowledged that there was a miscalculation.
The AFC filed its election petition soon after when it was made known that GECOM could not legally change any announcements that it had publicized, and that the result could only be ordered changed in a court of law.
