The Private Sector Commission yesterday condemned attempts to influence and prejudice the ruling by the Caribbean Court of Justice (CCJ) set for today on an appeal related to the March 2nd elections.
“The Commission has observed that supporters of the governing coalition, APNU/AFC, have mounted active street protests in select areas of the country specifically seeking to influence the matter before the CCJ… it [is] unfortunate that any one of the political parties currently represented in the case before the CCJ should attempt to prejudice the ruling of our Apex Court in the matter before it,” the PSC said in a statement.
They go on to note that while they recognize the rights and freedom of peaceful and orderly protest at this particularly sensitive time, protests can invited counter protests with real potential for these to descend into disorderly behaviour.
They have endorsed the call by the Ethnic Relations Commission (ERC) “for all Leaders and Stakeholder Groups to act in a much needed responsible manner and to ensure those whom they influence do likewise” and implored the Commissioner of Police to ensure that the rule of law is respected and firmly applied and enforced without favour against any attempt to promote, incite, or participate in public disorder or violence of any kind.
PPP General Secretary Bharrat Jagdeo and PPP/C presidential candidate Irfaan Ali are appealing a Guyana Court of Appeal (CoA) decision which sought to insert the word “valid” into provisions of the constitution addressing the election of a President. The Court of Appeal ruling also sought to draw a nexus between Order 60 dealing with the recount and the word valid.
Though the CoA issued no specific orders, its decision inspired Chief Election Officer Keith Lowenfield to submit a report to GECOM in which he invalidated over 115,000 votes and sought to hand victory to APNU+AFC when the recount figure showed a win for the PPP/C.
The Coalition has supported Lowenfield’s report contending that he acted in line with the law and the CoA ruling.
They have vehemently rejected criticism from various members of the international community including the Caribbean Community (CARICOM) which observed the recount.
The party has attempted to argue that if the CCJ were to exercise jurisdiction in this case it would be violating Guyana’s constitution as Article 177 gave exclusive jurisdiction to Guyana’s Court of Appeal.
As the region celebrated the signing of the Treaty of Chaguaramas signed by Forbes Burnham, supporters of his party the People’s National Congress Reform lined the streets of its strongholds and declared that CARICOM and the CCJ were interfering with Guyana’s exercise of sovereignty.
This action has also drawn criticism from the PPP/C who yesterday noted that from the moment the case was filed at the CCJ, APNU/AFC’s abuse has been focused on the Court.
“The main plank upon which these attacks are based is an alleged “interference” with Guyana’s sovereignty. Nothing can be more absurd, ill-informed, and misconceived,” it stressed in a statement.
The party reminded that in 2004, Guyana signed on to a regional agreement legally establishing the CCJ as its final appellate court, by an Act tabled by the PPP, supported by the PNC, which ultimately was unanimously passed.
“As a result, the Caribbean Court of Justice is no longer an organization extrinsic to the State of Guyana but it is intrinsic and indeed the apex tier of our judicial hierarchical structure. Therefore, the propaganda being peddled that a ruling of the CCJ will amount to an interference in Guyana’s sovereignty is palpably erroneous,” it explained, adding that the crass attempts by APNU/AFC’s leaders to influence and prejudice the outcome of the proceedings at the CCJ through their various public statements, letters, and advertisements placed throughout the region is offensive.
“They have launched an unprecedented attack on the independence of the Court and have gone as far as attempting to intimidate the judges by threatening the very survival of the Court, if the pending ruling is adverse to them. This must rank as the worst form of thuggery and intimidation aimed at the judiciary in the region,” the party concluded.
