GEORGETOWN, Guyana – The Court of Appeal Monday ruled that an election petition by the opposition coalition, A Partnership for National Unity and the Alliance For Change (APNU+AFC), could be heard despite objections by the ruling People’s Progressive Party/Civic) that it had been filed too late.
Senior Counsel Roysdale Forde had filed a motion seeking an early date for case management and a hearing to determine the appeal. Still, Trinidad-based Senior Counsel Douglas Mendes said the petitioners should take responsibility for the delay in hearing the request for the election petition (88/20-P), which the High Court dismissed in April 2021.
But Forde said Monday that the documents necessary for a record of appeal were still at the High Court and not with the Court of Appeal. He also noted that the petitioners had suffered substantial prejudice since the entire written decision of acting Chief Justice Roxane George is yet to be prepared.
“There is no failure on the appellant’s behalf about keeping their obligations with the rules of the Court,” Forde said, adding that the fault lies with the system.
Mendes, who is representing Vice President Bharrat Jagdeo as the ruling party’s general secretary, argued that the petitioners had every opportunity to file the motion before now. The action to expedite the appeal could have been filed along with the request.
“This issue now arises because the appellant did nothing to progress the appeal until August 30, 2022. It took those 19 months to approach the court,” Mendes said, telling the Court that Forde was blaming everyone except the appellants themselves for the position they find themselves in.
Mendes said the absence of a written judgment from the acting Chief Justice is of no consequence because there is a transcript of the detailed oral review.
“That document is available,” he added.
But the three-member Appeal Court, headed by Chancellor of the Judiciary Yonette Cummings and including Justices Dawn Gregory and Rishi Persaud, dismissed Mendes’ arguments and ruled the appeal should be heard.
“A party or an applicant should not be turned away from the seat of justice given the nature of this matter and, therefore, in the interest of justice, we will grant the application, as filed or sought by Mr. Forde,” Justice Cummings said.
The Court of Appeal has set November 1, 2022, for the status of the records, including the full judgment by Chief Justice Roxane George-Wiltshire. It also gave Forde seven days from October 3 to serve the notice of appeal on the other parties.
The election petition seeks to nullify the results of the controversial March 2, 2020, because of non-compliance with the Guyana Constitution and electoral laws related to the conduct of those polls by the Guyana Elections Commission (GECOM).
In wrapping up Monday’s hearing, the Chancellor said whether failing to conduct and prosecute that appeal was due to Forde and his team or the judicial administration “would have to be investigated.”
She noted Mendes’ view that the transcript reflects the entire judgment.
and then 
