Lawyers in Guyana condemn attacks on CCJ ahead of today’s ruling
GEORGETOWN, Guyana (CMC) — The Bar Council of the Association of Guyana (BAR) has called on all political parties and other stakeholders to respect the Trinidad-based Caribbean Court of Justice (CCJ), which is due to deliver its ruling that could have an effect on the official results of the disputed March 2 regional and general election.
The CCJ, Guyana’s highest court, is set to deliver its ruling today in the appeal filed by Opposition Leader Bharrat Jagdeo and Irfaan Ali, the People’s Progressive Party/Civic (PPP/C) presidential candidate for several reliefs, including an interpretation of the words “more votes are cast” in Article 177(2)(b) of the Constitution of Guyana.
The Court of Appeal, in its decision late last month, ordered that the words are to be interpreted as meaning “more valid votes are cast”. The court also ordered the decision be stayed for three days. The applicants, who were added as respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion.
Private citizen, Eslyn David mounted her challenge before the appellate court pursuant to Article 177 (4) of the constitution, which states “the Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a president in so far as the question depends upon the qualification of any person for election or the interpretation of this constitution…”
The PPP/C has said it won the last elections based on the national recount that ended on June 9. But A Partnership for National Unity (APNU) has said that there were several irregularities and anomalies and wants the polls to be annulled.
In a statement, the Bar Council of the Bar Association of Guyana said with legal proceedings presently engaging the attention of the CCJ, it has “observed that parties on all sides of the pending litigation, including parties outside of the litigation, have resorted to multiple forms of media to provide comments and information to advance their respective cases.
“This conduct is unreservedly condemned. Of even greater offence is the use of social media by members of the society to launch unnecessary, malicious and contemptuous attacks on sitting members of our apex court.”
The Bar Council said it “denounces and censures all conduct and actions regarding pending proceedings which are calculated to interfere with the administration of justice; are intended to prejudice the administration of justice; are made with the deliberate intention of interfering with the course of justice; as well as made carelessly or negligently without due regard for the integrity and processes associated with the pending proceedings”.
In addition, the lawyers said that they condemn any action aimed at creating “a serious risk that the course of justice may be interfered with; prejudge the matters in issue before the court; and undermine public confidence in the court and or administration of justice.
“The course of justice and the administration of justice in legal proceedings are critical pillars on which the rule of law rests. The pillars of justice are intended to stand robustly after many of us are no longer of this Earth. Let not our conduct today cause harm to the administration of justice that it will take generations to remedy.”
The Bar Council said it has also “taken notice of such aforesaid undesirable conduct in recent time”, adding, “the continuous, pervasive and escalated actions observed in both Guyana and most recently by way of a full-page advertisement in the Trinidad and Tobago Guardian of the 4th July, 2020, have made it necessary for the Bar Council to speak.
“We call on all to hold their voices, respect the processes of the administration of justice, and thereby cease and desist your injurious conduct,” the council added.
On Monday, APNU supporters staged a silent protest across the country in support of the coalition’s position that the CCJ has no jurisdiction in the matter.
But the police moved in on the demonstrators in keeping with the measures against large gatherings as part of the novel coronavirus measures.