CCJ wants urgent hearing

JADA LOUTOO

GUYANA’s highest appellate court – the Trinidad-based Caribbean Court of Justice (CCJ) – has agreed to an urgent hearing of a consolidated challenge of that country’s appellate court ruling which invalidated December’s no-confidence vote against the ruling coalition government.

It has set May 10 for the hearing of the appeal.

The date of hearing was set at a case management hearing at the CCJ in Port of Spain yesterday and presided over by President of the Court, Justice Adrian Saunders and Justices Jacob Wit and David Hayton.

The challenges before the CCJ are those of accountant Christopher Ram, Guyana’s Opposition Leader Bharrat Jagdeo and lawmaker Charrandas Persaud, seeking to have the Guyana Court of Appeal ruling thrown out.

At yesterday’s hearing, the CCJ judges gave their permission for the appeals to go forward with urgency and also ordered that it be consolidated and the time for filing the challenges be abridged “because of their constitutional importance.”

Although there were no objections to permission being given to appeal, there was a concern raised by Guyana’s Attorney General Basil Williams of the possible prejudice to him in filing cross appeals.

Williams, who was at the hearing via video link to Guyana, urged the court to not “sacrifice preparation on the altar of expediency” by granting too short a time for the hearing of the appeals and the filing of supporting documents.

Persaud’s attorney, however, wanted a hearing as early as next week.

Saunders, however, said the CCJ was concerned and duty-bound to uphold Guyana’s Constitution and to do that, it was important to abridge the time for the filing of the appeal given the high constitutional importance of the challenges.

He reminded parties that they were quite familiar with the arguments ventilated at the high court and appeal court.

Timelines were set for the filing of the appeal, the necessary submissions and replies in time for a pre-trial review on April 24.

The judges also ordered that the Guyana Elections Commission (GEOCOM) be served with the appeals and any cross-appeal, saying they were a necessary party in the matter.

Saunders also urged all parties, which also include the Speaker of the Guyana’s National Assembly and the coalition government, to be in Trinidad for the hearing of the appeal on May 10.

The appellants are asking the court to throw out last Friday’s ruling of Guyana’s Court of Appeal and restore the validity of the no-confidence motion that toppled President David Granger’s ruling coalition government.

The application for the urgent hearing says the issue before the court was of “great and general public importance” which “triggered serious constitutional consequences” including the resignation of Cabinet and the holding of national and regional elections in Guyana.

It adds that the resolution of the issues in the appeal “will be to the benefit of the people of Guyana generally” and the people of Guyana “suffered a grave miscarriage of justice” which can only be remedied on appeal to the CCJ.

In December, Persaud, who was a member of Granger’s APNU-AFC coalition, sided with the opposition.

The motion was appealed and last Friday, Guyana’s Court of Appeal, in a majority ruling, holding that there was a need for an absolute majority of 34 votes for the no-confidence motion to be passed, and not the 33 votes it received in December.

By a majority of two to one, the appellate court judges ruled that the no-confidence motion was not passed.

In their application, they are seeking to restore the decision of the acting Chief Justice on January 31, which validated the no-confidence vote, a declaration that the vote was validly passed by a majority of all elected members of the National Assembly and that 33 votes constituted a majority of all elected members of the National Assembly.

They contend by section 106(6) of the Constitution of Guyana, the Cabinet, including the president, is required to resign if the Government is defeated on the vote of a majority of all elected members of the assembly on a vote of no- confidence.

They say the assembly is comprised of 65 elected members and on December 21, last year, when 33 members voted in favour of the motion and 32 against, the speaker declared the motion passed.

They also contend that the Government was required to hold an election in three months, on or before March 22.

Persaud, meanwhile, is also challenging the contention that he was ineligible to vote because he held dual citizenship, while there is a separate challenge against the decision by Granger to appoint Justice James Patterson as chairman to the GEOCOM on the basis that he was not qualified for appointment.