The Prime Minister of Trinidad and Tobago has labelled as “disturbing” an Appeals Court ruling which found that the Guy-ana Elections Commission (GECOM) could not allow a team of experts from the Caribbean Community (CARICOM) to “supervise” a recount of ballots cast in the March 2,2020 Elections.
Speaking on the matter for the second time in three days Rowley told a press conference in Trinidad that the “findings of the court must be of concern to every member of CARICOM since it could be predicated on an understanding that CARICOM has done something that a court has found to be illegal.”
“The ruling was that the actions of CARICOM were deemed to be illegal,” he reiterated several times before explaining that he has recommended on behalf of Trinidad and Tobago that only the accredited Observer team to the March 2nd elections be made available should Guyana once again request CARICOM’s presence.
“Now CARICOM looks on…Trinidad and Tobago’s position to CARICOM is given the interpretation both inside and outside the Court …if the Guyanese requests a CARICOM presence going forward …that presence should be provided by the technical team that was there before the Heads went to Guyana meaning that CARICOM is present in the form of expertise from technical people and there is no opportunity for this kind of thing to happen again,” he explained.
The Court actually ruled that GECOM has the authority to do a recount of ballots but cannot accord this power to any other body as appeared to have been suggested in a GECOM press release which said that a CARICOM team would “supervise” the recount.
The ruling rested on the description of the authority of the CARICOM team relative to the constitutional powers of GECOM. CARICOM was never a respondent as the case revolved around the actions and decisions of the Elections Commission.
Rowley noted that while the Aide Memoir signed between President David Granger, Opposition Leader Bharrat Jagdeo and CARICOM Chair Mia Mottley speaks loosely about the Community supervising Guyana’s tabulation the actual clauses made clear that it would be executed under the authority of GECOM.
He quoted that last paragraph of the document which 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.”
The agreement was signed on March 16, one day after the seven-member commission decided to have a full recount of all ballots cast and two days after President Granger invited CARICOM to provide a team.
Rowley has previously said that he does not have a good feeling about the continued delay in the declaration of results.
Speaking in an interview with journalist Elizabeth Williams on Saturday, Rowley said he was deeply concerned and worried that a month after polling, the elections have become a “court house matter” and CARICOM leaders, who sought to assist by sharing the benefit of their experience and the comfort of their presence, have been vilified.
Nine days after the March 2 elections, a team of CARICOM leaders, including Rowley, visited Guyana in an attempt to mediate in the elections crisis. The team met with leaders of the 11 parties which contested the elections and facilitated meetings between President David Granger and Opposition Leader Bharrat Jagdeo.
Their visit followed a legal challenge to a declaration of results made by Region Four Returning Officer Clairmont Mingo, which had been deemed “fraudulent” by opposition parties. This declaration was later vitiated by Chief Justice Roxane George.
Two days later, Mingo made another declaration which was also labelled fraudulent and President Granger reached out to CARICOM for a team to supervise a recount of votes cast. Included in the team was the Chief Elections Officer of Trinidad and Tobago Fern Narcis-Scope.
This recount never happened as a candidate of the Granger-led coalition, Ulita Moore, applied for and was granted injunctions against its execution. Those injunctions have since been discharged and GECOM has once again agreed to have a full national recount. The Commission has also indicated that it intends to re-invite CARICOM to scrutinize the process and grant it validity.
If Rowley’s recommendation is accepted them the Community’s response will see members of the CARICOM Election Observation Mission returning to Guyana.
This mission was organised at the invitation of the Government of Guyana, to observe the elections. It comprised nationals of Antigua and Barbuda, The Bahamas, Barbados, Dominica, Haiti, Jamaica, St Kitts and Nevis, St Vincent and the Grenadines, Saint Lucia, Suriname and Trinidad and Tobago.
The mission was led by Cynthia Combie-Martyr, who is the Chairperson of the Saint Lucia Electoral Commission.
