Counsel for PPP presidential candidate Irfaan Ali and PPP General Secretary Bharrat Jagdeo yesterday wrote GECOM Chair Claudette Singh asking her to direct Chief Election Officer Keith Lowenfield to withdraw his report to her in which the votes of over 115,000 voters were trashed and in which he purports to declare the incumbent APNU+AFC as the winner of the March 2nd general elections.
Ali and Jagdeo, who have approached the Caribbean Court of Justice to appeal a decision of the Guyana Court of Appeal which Lowenfield said he used to compile his report, reminded Singh that Lowenfield remains under the control of GECOM and urged her to direct him to present a report in compliance with her previous instruction to him that results of the recount be used. The recount results show a victory for the opposition PPP/C.
A copy of the letter follows:
Justice Claudette Singh, Rtd. Chairwoman
Guyana Elections Commission 41, High & Cowan Streets Kingston, Georgetown
Dear Justice Singh:
Re: Dr. Irfaan Ali and Dr. Bharrat Jagdeo v. GECOM et al CCJ Index No. GYCV2020/002
Further to our letters written to you yesterday we respectfully write to remind you that Section 18 of the Elections Law (Amendment) Act 2000 states:
The Chief Election Officer and the Commission of Registration shall notwithstanding anything in any written law be subject to the direction and control of the Commission.
Additionally, Order 60/2020 states in pertinent part as follows:
14. The Commission shall, after deliberating on the report at paragraph 12, determine whether it should request the Chief Election Officer to use the data compiled in accordance with paragraph 12 as the basis for the submission of a report under section 96 of the Representation of the People Act Cap 1:03, provided that the Commission shall, no later than three (3) days after receiving the report, make the declaration of the
15. For the avoidance of any doubt, the Chief Election Officer and every person appointed or authorized to perform any act or functions by virtue of this Order, are and shall remain subject to the general supervisory power of the Commission.
No doubt your direction to the Chief Election Officer in your letter dated June 16, 2020 was not complied with and in consequence thereof the Chief Election Officer presented a noncompliant report.
Accordingly, we would be grateful if the Chief Election Officer can be directed to withdraw the report he submitted dated June 23, 2020 and be redirected to act in the accordance with the instructions previously given on June 16, 2020 “using the results of the recount” as the basis for his report.
We are not unmindful of the admonitions issued by the Caribbean Court of Justice in its order (the “CCJ Order”) dated June 23, 2020 which states:
The Guyana Elections Commission and its officers and agents take no step to prejudice the fair hearing of this Application including but not limited to issuing a declaration of the results of the elections held on 2nd March 2020, until this Court issues final orders following the hearing and determination of the questions raised before this Honourable Court in the said Application.
However, the clear language of the CCJ Order does not prevent compliance with our request.
For the avoidance of doubt, we respectfully request a response to this letter before today’s
3.00 pm hearing so that we can report to the Court.
Sincerely,
By: Mohabir Anil Nandlall Devindra Kissoon