The APNU/AFC’s move to appeal the decisions handed down by Chief Justice Roxanne George-Wiltshire on Monday, is essentially asking the Court of Appeal to “overrule itself or pervert itself”, since these matters were already addressed by the COA and subsequently the Caribbean Court of Justice (CCJ).
This view was expressed by PPP/C Executive Member and Attorney, Anil Nandlall, during a virtual interview programme; Room 592.
Among her decisions handed down in the Misenga Jones v GECOM et al matter, the Chief Justice contended that the only valid results standing are those from the national recount and hence those are the figures that must be used as the basis for a declaration of the winner of the March 2, polls.
The CJ dismissed Jones’ application for judicial review since most, if not all, of the 28 reliefs she sought from the court were already litigated in previous matters brought by the Coalition in the cases of Ulita Moore and Eslyn David.
Moments after the CJ ruled, the APNU/AFC through its legal representative, Roysdale Forde, indicated that the Coalition will appeal the decisions.
However, Nandlall expressed disgust at the decision of the Coalition since according to him, there is no legal basis to take such an action as the CJ had made it clear that these issues were already litigated by the COA and subsequently the CCJ.
Nandlall explained that the CJ, in her ruling on Monday largely based her decisions on the Court of Appeal’s ruling in Eslyn David as well as in Ulita Moore, and on the CCJ ruling in Eslyn David cases.
The Attorney reminded that Chief Elections Officer Keith Lowenfield had interpreted the COA’s ruling to mean that he (Lowenfield) had the authority to determine what valid votes are. But this was subsequently overturned by the CCJ which determined that it is only the High Court that could pronounce on such matters by way of an elections petition, after the results of the elections would have been declared.
“So their excursion to the Court of Appeal in essence would be to ask the Court of Appeal to overrule itself, or to pervert itself by overruling the CCJ”.
On this basis, Nandlall explained that under the hierarchical structure of the judiciary, it is not possible for same to happen, since higher court rulings “bind every court below it”.
“So we are engaged unfortunately in this horrible circuitous process where we are going round and round at tax payers’ expenses and to the detriment to our country,” Nandlall said.
“I don’t know how else to put it…These people are either deaf, they are either dub, they are either blind, of they are a combination of all,” Nandlall fumed.
Nandlall also waded in to APNU/AFC’s chief legal advisor, Basil Williams, for suggesting that the nation is in support of the present case brought by the Coalition.
“This case is a public nuisance to the nation …it is causing this nation anguish…this is just another relentless attempt to rig the election and steal the next government,” Nandlall outlined.
“Imagine that they (APNU/AFC) believe that they can be able to go to the court of law so that a court of law will permit them to use fraudulent results to declare the elections”.
According to Nandlall, one has to be “insane” to think that any court worth its salt will agree with such actions. “No judge will want to ruin their career.”
Nandlall said that he is confident that the Coalition will fail at all levels in its continued abuse of the court system.
He expressed that he is certain the APNU/AFC will continue to explore all avenues to stay in government “like a parasite on the backs of citizens” but in the end the rightful winner be declared.
The recount results have confirmed that the PPP/C has convincingly won the March 2, polls.
However, inspite of mounting international pressure, the incumbent Coalition is refusing to concede defeat and allow for a smooth transition of government.