Appeal Court unanimously dismisses Misenga Jones’ appeal of CJ ruling

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Appellate Justices Dawn Gregory and Rishi Persaud and High Court Justice Priya Sewnarine-Beharry

The Appeal Court, by a unanimous decision, dismissed the challenge brought by APNU/AFC supporter Misenga Jones who was seeking to overturn the ruling handed down by Chief Justice (ag) Roxane George.

Jones’ appeal was heard by Appellate Justices Dawn Gregory and Rishi Persaud, in association with High Court Justice Priya Sewnarine-Beharry.

All three justices, in their rulings, dismissed Jones’ application.

Jones was seeking to overturn the Chief Justice’s decision in a case she initially filed in a bid to compel the GECOM to utilise the 10 declarations by the Returning Officers as the basis for announcing the winner of the March 2 elections.

The Chief Justice had, however, dismissed Jones’s application for judicial review on ground that the issues were res judicata, which means that they have already been ventilated and pronounced upon by a competent court, and cannot be relitigated.

Justice George had reiterated that Chief Elections Officer Keith Lowenfield is not “a lone ranger” and “cannot act on his own”; but is subjected to the direction of the Elections Commission.

Additionally, she expressly stated that the figures from the 33-day Caricom-observed National Recount should form the basis for the declaration of the results. In the appeal filings, Jones is contending that the Chief Justice erred in law when she dismissed the case.

[More details in a subsequent report]