The March 16th Aide Memoire governing the recount of votes at the March 2nd general elections at which a CARICOM team was to be present had recognised the supremacy of the constitution in this matter (see below).
The agreement clinched between President David Granger and Opposition Leader Bharrat Jagdeo also recognised that the CARICOM team would function under the authority of the Guyana Elections Commission (GECOM). The agreement was witnessed by CARICOM Secretary-General Irwin LaRocque.
The involvement of the CARICOM team was abandoned after APNU+AFC candidate Ulita Moore challenged the recount and secured an injunction from the High Court against it. That injunction was subsequently overturned by the Full Court. Yesterday, the Guyana Court of Appeal upheld a small portion of the appeal of Moore in respect of the intended “supervision” of the recount by the CARICOM team. The Court of Appeal ruled by a majority decision that this undertaking would encroach on GECOM’s authority. However, while the word “supervision” was included in the aide memoire it was clear from the document that the CARICOM team would be working under GECOM and in full recognition of constitutional provisions.
Among other things, the aide memoire (see below) stated that ”…the High Level Team would supervise the recount under the auspices of GECOM and would not engage themselves in the actual counting of ballots. Their presence is to ensure that the recount is done in a free, fair, transparent and credible manner”.
