Guyana_Chronicle_Epaper_07_07_2020

TUESDAY 7th July, 2020

' No.106053

Six lawyers in agreement SEE PAGE 03

... that CCJ has no jurisdiction to hear PPP/C’s application

‘Coalition’ in nation-wide protest SEE STORIES PAGES 02,04, 12&13

… against alleged foreign interference

A group of Lindeners protesting alleged foreign interference in Guyana’s elections

Elderly woman is 11 latest COVID-19 victim PAGE

… five new cases recorded on Monday

Ruel’s ‘exes’ accuse …TCI casts him aside to him of abuse allow for full investigation 10 PAGE

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GUYANA CHRONICLE Tuesday, July 7, 2020

‘Hear us! Respect our Constitution!

---APNU+AFC Georgetown supporters tell regional community that CCJ has no jurisdiction on current elections case

By Lisa Hamilton APNU+AFC protesters, from various parts of the country, took to the streets on Monday morning, ahead of the Caribbean Court of Justice’s (CCJ’s) decision, expected on Wednesday, to make clear their position that the Court has no jurisdiction on the current Guyana elections case.

The groups of protesters were present in Georgetown at locations such as Mandela Avenue, Agricola and Buxton and even all the way in Linden. They were clad in party colours, face masks and held up placards while practising physical distancing.

Their messages included: ‘CCJ Must Respect Guyana’s Constitution’, ‘CEO Guided by our Final Court’; ‘Respect Our Sovereignty’ and more.

They based their position on 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; and any decision of that Court under

Protesters line Mandela Avenue

Members of the Guyana Police Force (GPF) arrive on Mandela Avenue to urge protesters to disperse, due to the COVID-19 measures in effect

Guyana Youth and Student Movement (GYSM) Chairman, Ryan Belgrave

A protester holds up her placard

Yvonne Ferguson representing Constituency No. 11 (Carl Croker photos)

this paragraph shall be final.”

The Guyana Chronicle approached a number of protesters stretched along the Mandela Avenue where persons were present from Constituencies No. 11, 12, 13 and 14. Guyana Youth and Student Movement (GYSM) Chairman Ryan Belgrave told the newspaper that the demonstrations were meant as a reminder to Guyanese locally and members of the Caribbean Community (CARICOM), that Guyana is a sovereign State and demands that it’s Constitution be respected.

“The Caribbean Community, in the form of the CCCJ, is presently considering a case which was brought before it where, if the CCJ finds some reason to declare that it has jurisdiction on this matter, we believe that it will be an erosion of our Constitution which basically spells out clearly that, in this particular matter, the Court of Appeal is the final arbiter,” he put forward.

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GUYANA CHRONICLE Tuesday, July 7, 2020

Six lawyers in agreement ... that CCJ has no jurisdiction to hear PPP/Cs application

Trinidad and Tobago Senior Counsel John Jeremie

By Svetlana Marshall AS the Caribbean Court of Justice (CCJ) prepares to hand down its decision tomorrow, legal luminaries from the Caribbean and the United Kingdom have said that Guyana’s Constitution and the Caribbean Court of Justice Act have effectively ousted the jurisdiction of the regional Court from adjudicating on any decision made by the Guyana Court of Appeal, under Article 177 (4) of the Constitution, and as such the CCJ has no jurisdiction to entertain the appeal filed by the People’s Progressive Party/Civic (PPP/C).

The PPP/C, through its General Secretary, Bharrat Jagdeo, and Presidential Candidate, Irfaan Ali, wants the CCJ, notwithstanding the ouster clause in Article 177 (4), to set aside the June 22 decision of Guyana’s Court of Appeal that the President must be elected based on the majority of valid votes cast at the General and Regional Elections held last March.

But the application has received major pushbacks, with lawyers from the Caribbean Region and the United Kingdom indicating that the

Trinidad and Tobago Senior Counsel Reginald Armour CCJ ought to reject the application, on the basis that it has absolutely no jurisdiction to hear the case. Among those lawyers are Guyana’s Attorney-General, Basil Williams; Trinidad and Tobago’s Senior Counsel Reginald Armour and John Jeremie; Antigua and Barbuda’s Queen’s Counsel, Justin Simon; Grenadian Queen’s Counsel, Dr. Francis Alexis; and Queen’s Counsel, Dr. Richard Wilson, a visiting Professor of Law at the Coventry University in the United Kingdom.

From the onset, Senior Counsel John Jeremie, the lead attorney representing Eslyn David, the first-named respondent, argued that there is no room for an appeal under Article 177 (4) of the Constitution. In his written submission to the CCJ, Jeremie explained that the relief sought in David’s Notice of Motion for the interpretation of Article 177 (2) (b) fell squarely within the jurisdiction of the Court of Appeal (CoA), as provided in Article 177 (4).

“The wording and operation of Article 177 (4) operates as a complete bar to any appeal to the CCJ. Once the CoA has exercised its jurisdiction pursuant to Arti-

Attorney-General Basil Williams and Senior Counsel cle 177 (4), its decisions are final and cannot be subject to review, except by the CoA similarly exercising powers under Article 177 (4),” the Trinidadian Senior Counsel explained.

Article 177 (4) of the Constitution confers on the Court of Appeal an exclusive original constitutional 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.”

LIMITED JURISDICTION In representing the interest of Joseph Harmon, the A Partnership for National Unity + Alliance For Change (APNU+AFC) Agent, Senior Counsel Reginald Armour told the CCJ that in addition to Article 177 (4), the Agreement, under which it was established, and the Caribbean Court of Justice Act limit its jurisdiction.

In support of his position, Armour alluded to Article XXV (5) of the Agreement, which states: “Nothing in this

‘Hear us! Respect our ...

From page 2

Belgrave said that if jurisdiction is assumed on the matter, this stands not only to affect future cases in Guyana but around the Caribbean.

“It is a regional body and everything that it does has some amount of impact on the Region. We in the coalition are not saying --- as persons have had the knee jerk action --- that we must get out of CARICOM. No, we understand the necessity for this regional integration movement, we are one of those that pushed for CARICOM

to be here to stay but, at the same time, our sovereignty must be respected, “the GYSM Chairman reasoned.

Meanwhile, Councillor of the Georgetown City Council, Denroy Tudor, holding up his own placard, said that the Constitution is clear and CCJ cannot play a blind eye to it.

“We’re just asking that the CCJ respect the Constitution of Guyana. Article 177 (4) directly and clearly states as to the Court of Appeal being the final Court on the matter. There is nothing

that explicitly states that the CCJ has any jurisdiction concerning the matter that is before the Court so it’s quite odd and interesting that the CCJ would entertain any hearing or any submissions from any of the parties concerning this matter,” he said.

Further down the line of protesters, the newspaper spoke with Manager of Constituency No. 12, Robert WayneMason. He said: “The law is very clear that the Caribbean Court of Justice does not have

Antigua and Barbuda Queen’s Counsel, Justin Simon Article shall apply to matters in relation to which the decision of the Court of Appeal of a Contracting Party is, at the time of the entry into force of the Agreement pursuant to the Constitution or any other law of that Party, declared to be final.”

Though Ali and Jagdeo, through their lead attorney, Senior Counsel Douglas Mendes, have argued that the word “decision” in Article XXV (5) must be interpreted to mean a decision which the Court of Appeal has jurisdiction to make, Armour told the CCJ that such interpretation in not consistent with the ordinary meaning of the word, as utilised in Article XXV (5). He submitted to the Court that the Constitution and Laws governing the CCJ are pellucid.

“The primacy of the sovereign Co-operative Republic’s indigenous Court of Appeal was explicitly recognised, lauded and expressly preserved as final and this Court, the CCJ was incorporated by Parliament into the fabric of the domestic law of Guyana and expressly told it has no jurisdiction as decreed by Article 177 (4) of the Constitution,” Armour said while referencing both

Grenadian Queen’s Counsel, Dr. Francis Alexis the Agreement under which the CCJ was established and Guyana’s Caribbean Court of Justice Act. To further support his position, Armour alluded to a lecture given by CCJ Judge Winston Anderson in 2013 at the Norman Manley Law School, in which the limitation of the Caribbean Court of Justice was recognised.

“If issues cannot be appealed to the CCJ, the CCJ cannot consider them, and if the CCJ cannot consider them, then they cannot be included in the building blocks of the Court’s jurisprudence.

It is that simple. What we end up with is a jurisprudence that is limited in scope. But there is very little, if anything, that the CCJ can do to change this situation…” he quoted Justice Anderson as saying while lecturing on the topic, ‘The Caribbean Court of Justice and the Development of Caribbean Jurisprudence.’

Guyana’s Attorney-General, Basil Williams, in putting forward a similar line of argument, pointed to Section 4 (3) of the Caribbean Court of Justice Act, which states, “Nothing in this Act shall confer jurisdiction on the Court to hear matters in re-

jurisdiction over this matter and if our Appeal Court, which is the highest Court that can make a decision on this matter, said that the Chief Elections Officer of GECOM must pronounce on valid votes…they must respect that.”

Yvonne Ferguson representing Constituency No. 11 told the newspaper: “The message we’re sending out here today is to let the CCJ know we stand strong and they can’t turn back the Appeal Court’s ruling because valid votes are valid votes.”

She told the newspaper that she had brought out a group of about 12 persons to protest from her Constituency. Questioned whether she felt it was right for her and other APNU+AFC

supporters to be out during the COVID-19 restrictions protesting, Ferguson said: “We should be allowed to protest our rights because all of us are adhering to the rules. We have our masks, we even have our hand sanitisers with us and we are distancing six feet apart, so, we are cooperating with the rules.”

Similar sentiments were shared by Dexter Forde of Constituency No. 12 who said: “We are all observing the rules as far as it relates to the six feet distancing and we are wearing our masks.

Whether we have the right or not, we’re are at a junction right now in our country where we have to stand up and represent

Queen’s Counsel Dr. Richard Wilson, visiting Professor of Law at the Coventry University, UK lation to any decision of the Court of Appeal which at the time of entry into force of this Act was declared to be final by any law.”

He submitted that the exclusive jurisdiction of the Court of Appeal is guaranteed by both the Constitution and CCJ Act. “It is submitted that Section 4 (3) preserves the jurisdiction of the Court of Appeal, and has overriding effect over any other provision in the CCJ Act. Through the use of the words ‘Nothing in this Act shall confer jurisdiction on the Court…’, the Parliament of Guyana saved the law which speaks to the exclusive jurisdiction of the Court of Appeal and reaffirmed the Court of Appeal as the only Court to adjudicate on those matters stated in Article 177 (4),” Williams told the Court.

He explained that while the Caribbean Court of Justice Act clothes the CCJ with both an original and appellate jurisdiction, the exclusive jurisdiction of the Court of Appeal is preserved under Section 4 (3) with regards to cases brought under Article 177 TURN TO PAGE

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our Constitution and whatever consequences come behind, we are out here willing to accept that. We’re not willing to accept a violation of our Constitution, those are bigger stakes.” About an hour or so into the protest action, the police arrived along Mandela Avenue and requested that the community leaders urge their supporters to disperse due to the COVID-19 measures in place.

On July 8, the CCJ will hand down its decision on whether it can assume jurisdiction in a challenge seeking to set aside the ruling of the Court of Appeal that the election of the President must be on the basis of “valid votes.”

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GUYANA CHRONICLE Tuesday, July 7, 2020

Stay out of Guyana’s business!

--Berbice PNCR supporters warn foreign parties hoping to influence CCJ decision today

BERBICE supporters of the People’s National Congress Reform (PNCR) party, a faction of the incumbent A Partnership for National Unity + AFC (APNU+AFC) government, took to the streets of their respective villages and communities on Monday in protest of what they believe is an invasion of Guyana’s sovereignty.

Bearing placards with such slogans as ‘No foreign interference’, ‘We need to breathe’, and ‘Respect our Sovereignty’, the move

reportedly served to remind fellow Caribbean Community (CARICOM) member states and other nations with vested interest in how the March 2, 2020 General and Regional Elections matter before the Caribbean Court of Justice (CCJ) plays out today, that Guyana is an independent sovereign nation, and should be treated as such and with the respect it deserves.

It came as Guyana joined with sister CARICOM member states in celebrating 47 years of regional

Scenes from PNCR’s CARICOM Day protest action in and around Berbice on Monday

integration, since the historic signing of the Treaty of

Chaguaramas on July 4, 1973.

Following the protest

action, which lasted under an hour in each area without

incident, the protesters returned to their homes.

Mentally-ill Linden man burns down family house

By Naomi Marshall THE mother of 22-year-old Kelvin Croal, who allegedly set his Linden home on fire on Sunday, is urging

the authorities to help find psychological treatment for her son.

According to Croal’s mother, Genel Smith, her son began acting strange some

Genel Smith

TUESDAY 07, JULY 05:00hrs - 06:30hrs

years back which led her to think that he was mentally ill.

In an interview, Smith stated that his behaviour became out of control which resulted in Croal breaking all the windows of their Second Alley Wismar home and throwing kerosene around the house in the past,

but the woman kept hoping that her only child who was receiving treatment from a psychiatrist would get better.

The 39-year-old mother told the Guyana Chronicle that, on Sunday, her son experienced a mental breakdown. She said she and five other persons who occupied the home felt very unsafe with his violent chatter and actions. At 18:00 hrs Smith called Croal’s father for help.

“I was calling to get assistance from his father who was at work and he (the father) said he cannot come and left his job. He said he got on to the police so they can keep him in the lock up until he calms down and they said that they are coming,” Smith said.

After feeling like help was not coming, Smith decided to send the other occupants of

the house to spend the night at other family members. She then locked the house up and locked herself in her shop where she planned on spending the remainder of the night.

“I calling from 7 and I ain’t get no assistance. After I see he start acting up and left I come outside and lock up the whole house. Brought a mattress in the shop and I was going to sleep

partially wooden and concrete house. The fire station was immediately contacted.

Though the fire fighters were unable to save the house from being completely destroyed, they managed to contain the blaze. No one was hurt during the fire. Kelvin, however, was apprehended by the police and investigations are ongoing.

The two-storey house being destroyed by fire

in there. Whoever went in the house I send them away to stay the night at different locations cause how he was behaving looked dangerous,” Smith told Guyana Chronicle.

At about 22:00 hrs Smith heard her son calling for her but she did not answer. She was then informed by neighbours that her son jumped through a window and went into the house. Minutes after she saw the wires connected to the house sparking followed by her son jumping out of the house through the window.

This is when Smith noticed fire engulfing the three-bedroom

“We lost everything in the house. The police take a good time before they reach because when they reach it was after the fire wheel reach and the fire wheel take long too so nothing could not get saved. In a time like this it is really hard for me,” Smith said.

The emotional mother added, “I wish if he could go to a mental institution in Berbice or wherever so they could help him, I’m asking for help.” Persons interested in making contributions of any kind to Smith and her family can call 6681814.

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GUYANA CHRONICLE Tuesday, July 7, 2020

Any outcome that disregards Guyana’s sovereignty could severely impact CARICOM ----PM Nagamootoo says “GUYANA’s sovereignty is on trial” was how Prime Minister Moses Nagamootoo commented on the hearings before the Caribbean Court of Justice (CCJ) of an appeal from a decision of the Guyana Court of Appeal.

In his weekend column, My Turn, the Prime Minister described, as spurious, the petition by the political opposition for leave to file an appeal against the interpretation by the Court of Appeal of the Guyana Constitution, to the effect that votes cast in an election of a president means “valid votes”, and nothing else.

He said that it was strongly contended that the CCJ cannot oust the power of the Guyana Court of Appeal

to make a final decision on a limited or narrow set of issues.

Nagamootoo who is a veteran politician, journalist and attorney said that the Guyanese people are not without a righteous cause, and any outcome that disregards the country’s sovereignty “could severely impact our Caribbean family of nations”.

He noted that during the preliminary hearing as to whether the CCJ has jurisdiction to hear the appeal, authoritative statements were made advising that the Caribbean court should take a hands-off position.

Mr. Justice Winston Anderson, a member of the CCJ’s panel of judges, but who is not on the Bench

Prime Minister, Moses Nagamootoo

in the current matter, was quoted as saying: “If issues cannot be appealed to the CCJ, the CCJ cannot con-

sider them, and if the CCJ cannot consider them, then they cannot be included in the building blocks of the

court’s jurisdiction. It is that simple…But there is very little, if anything, that the CCJ can do to change this

situation…”

It was contended that the jurisdiction of the Caribbean Court of Justice emerged from a treaty establishing the Caribbean Court of Justice with Senior Counsel Mr. Reginald Armour submitting that “treaties are entered into as a matter of the sovereignty of nations”.

Now, it seems, that Guyana’s sovereignty is on trial, the My Turn article concluded.

The Prime Minister accused the PPP of trying to weaponize the court in its “desperate all-or-nothing war”. He alluded to negative headlines amounting to terrorist threats against top elections officials of sanctions and imprisonment which, he said, is “a cowardly attempt to break their will and to compromise them”.

Guyana records five new cases of COVID-19 -10 persons still in ICU

GUYANA continues to see a climb in the number of Novel Coronavirus (COVID-19) cases, with tests over the past 24 hours producing five new cases of the disease.

Health authorities have so far tested 2,889 persons, with 2,611 of those persons proving negative and 278 being positive. The positive cases have since decreased, as 121 persons have recovered from the disease and 15 persons have lost their lives.

There are, however, 152 active cases, of which ten are in the COVID-19 Intensive

Care Unit (ICU) and 142 are in institutional isolation.

According to the existing statistics, Regions One (Barima-Waini), Four (Demerara-Mahaica), and Seven (Cuyuni-Mazaruni) continue to have most of the cases.

Regions One and Seven, in particular, have seen a rapid increase in the number of cases being recorded. Last Thursday, this newspaper reported that COVID-19 claimed the life of Abdool Khan, a miner from Bartica, in Region Seven.

The spike of cases in Regions One and Seven

have since seen authorities implementing a lockdown of those areas, with restrictions of travel in and out of the areas at reference.

Health authorities had found that a large number of positive cases in these regions, have no signs and symptoms, so they are what is known as asymptomatic.

This means that these persons can transmit the disease, and the infected persons will not even know that they are sick, because there is no sign.

Medical teams were dispatched to Aranka and surrounding mining areas in Region Seven, as well as Moruca in Region One, to conduct mass testing to tackle the sudden spike of COVID-19 cases.

Pedal cyclist in fatal accident identified THE pedal cyclist who was fatally struck by a minibus at Non Pareil Public Road, East Coast Demerara, on Thursday, has been identified as 24-year-old David Shepherd, a resident of Lot 260 Section C Enterprise, ECD. The accident was caught on a surveillance video and was circuiting on social media over the weekend. The now-deceased man was identified by his cousin, Axel Shepherd, after he visited the Vigilance Police Station. This was disclosed by ECD Commander, Assistant Commissioner Royston Andries- on July 5, 2020.

The 29-year-old Minibus driver

of No 28 Village, West Coast Berbice (WCB), who underwent and passed a breathalyzer test, told Police that moments before the collision he noticed Shepherd suddenly turn out into the road in an attempt to cross and ended up in the path of the minibus, thus resulting in the collision. Following the collision, an unconscious Shepherd was picked up and rushed to the Georgetown Public Hospital Corporation (GPHC) where he was pronounced dead on arrival. The 29-year-old driver of minibus BXX 4563 was taken into custody and is currently assisting the police with its investigation.

The continuous rise in the amount of cases has seen local authorities creating a special emergency unit to enforce the control measures, and curtail the spread of the disease. Authorities believe that the rise is primarily because sections of the population continue to flout the existing measures, which

include a national curfew.

COVID-19 remains a serious issue not just here in Guyana, but globally as well, and, according to global statistics, there are 11.1 million cases of COVID-19, with over 528,000 deaths. And, with no approved treatment or cure, there is no assurance

that persons will survive after contracting the disease. In the absence of approved medications, governments and authorities across the world have employed a number of preventive measures to contain the spread of the disease.

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GUYANA CHRONICLE Tuesday, July 7, 2020

Ending violence against women THE United Nations has dedicated the 25th of November every year as “International Day for the Elimination of Violence Against Women,” but throughout the year society has to confront this scourge.

Violence against women has been declared a global pandemic and human rights violation. In the male- dominated world-view, the role of women in the family, home, relationship and society has been taken for granted and this taken-for-granted-ness has led to the perpetration of violence in several forms. From seeing women as physically and genetically inferior to men; objectification and promotion of violence to women in lyrics; unequal pay for equal work; domestic/spousal violence and limitations of opportunities to marginalisation in a nation’s decision-making processes; the list is long and angst numerous. Such acts of discrimination having been ingrained in the society, often come as a shock to even the well-meaning, when these are pointed out as acts of violence. Yet these impact the socio-economic well-being of women and girls, impeding progress in areas such as poverty eradication, HIV/AIDS, peace and security.

According to the World Health Organisation, violence

is “the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation.” Such as manifested in this classification is distinguished in four modes, namely: physical; sexual; and psychological attack; and deprivation.

This general definition of violence which is based on the same World Report on Violence and Health is further divided into three sub-types, according to the victim-perpetrator relationship. These are: 1) Self-directed violence in which the perpetrator and the victim are the same individual and is sub-divided into self-abuse and suicide; 2) Interpersonal violence which is between individuals, and is sub-divided into family and intimate-partner violence and community violence, where the former category includes child maltreatment; intimate-partner violence and elder abuse, while the latter is broken down into acquaintance and stranger violence and includes youth violence; assault by strangers; violence related to property crimes; and violence in work-

places and other institutions; and 3) Collective violence which is committed by larger groups of individuals and can be sub-divided into social, political and economic violence.

Every member of society, including woman and girl, man and boy, needs to be educated on what constitutes violence against women, since this is the first and most important step in moving to eliminate the violation. In this regard, it becomes even more important for women to play a leading role in shaping, influencing and developing laws and executing national policies and programmes that would be shaped out of recognition of the problems and measures needed to eliminate the problems. As we confront this scourge daily, let us galvanise action to end violence against women and girls, as this is preventable and essential. It therefore behooves men and boys to join hands with women and girls to fight negative, long-held traditions and actions. Both sexes must be in this together and as each one can teach one and self, the elimination of violence against women will not be a concept or yearly event to mark, but a spirited campaign buttressed by meaningful action to stamp it out.

Freddie’s anger at Kwayana is that he has not allowed himself to become a “good negro” Dear Editor I HAVE long decided that I would not enter into a media brawl with Freddie Kissoon and I am not about do so now. It is not my style. I have never used my media privilege to assassinate people’s character. I disagree with people’s politics and their opinions without abusing them as persons. Freddie and I have been friends for a long time and have agreed to disagree on a host of political issues. As much as I am alarmed at Freddie’s dogmatic political stance on Guyanese politics over the last year, I respect his right to his opinions and have not even criticised him for it. It has never entered my head to try to diminish him or to question his commitment to the ideals we share.

Freddie, however, has not returned the same compliment to me.

He has intimated that I am racist, that I support rigging and that I am no longer a Rodneyite. Recently, he accused me of cussing down the CCJ when I actually said I disagree with

those Caribbean countries which have kept out of the CCJ because they fear the court would become a tool in the hands of politicians. When I wrote that systemic racism existed in Guyana, he accused me of racism and of trying to bring an African-American construct to Guyana. Finally, in his July 6 column, he wrote that were I to write a biography of Eusi Kwayana, I would “obfuscate serious wrongdoing Kwayana did to Guyana when he was Sydney King. A few days before he wrote that Kwayana must apologise to Guyanese for the things he did when he was Sydney King. So, it is with great grief that I pen this letter with much love and respect, but with equal disappointment.

Freddie has shown that he cannot be relied on to respect friendships and comradeship. He does not draw lines. He has over the years displayed hatred for WPA leaders, persons with whom he once shared comradeship.

He saves his worst beatings for the African-Guyanese WPA leaders. One day he calls them icons, the next day when he disagrees with them on some

issue, he uses the privilege of his column to assassinate their characters.

He knows that most of them would not reply to him, so he crosses the line into abuse and libel. His recent target has been Eusi Kwayana. He wrote that Kwayana was not a hero to him because he is “secretive” and guarded in what he says. In other words, Freddie denies Kwayana hero status because Kwayana does not engage in political gossip and “buss mouth “ politics-- characteristics that Freddie obviously admires.

Well if Kwayana must become a political gossip and a “buss mouth” to earn Freddie’s hero-status, he can keep it. Kwayana is a hero to tens of thousands of Guyanese across generations. His moral standing is acknowledged even by his detractors.

The problem is that Freddie thinks he knows Kwayana; he does not know Kwayana. Kwayana is too deep for Freddie’s time. He is not an easy target for Freddie’s tomorrow column.

So, he invents a Kwayana. He is also taking the liberty to tell African-Guyanese who their heroes should be.

African-Guyanese embraced and protected Freddie when his newfound heroes wanted him expired. Even now when he has betrayed their trust, they are still polite to him. So, he wants to make that love for him his permanent address.

But I know that his obscene attacks on Eusi Kwayana have not gone unnoticed. Many persons have written to me about racial overtones and undertones of his attacks. Yes, Freddie has been abusive to leaders of all races, but he saves the worst for African-Guyanese leaders. His attacks on Kwayana smell different but familiar to us whose fore parents slaved for this country. We know the rancid attacks on us when they go for the conscience of our “race.” Kwayana represents the best gift of political morality to Guyana . It is one thing to criticise leaders, but it is another thing to assassinate their characters.

In our fragile environment Freddie is allowing himself to rapidly slip into the mode of racial-attack dog.

Freddie’s anger at Kwayana is that he has not allowed himself

to become a “good negro” in the latest quest for ethnic dominance disguised as something else. So yes, Kwayana is my hero because his human qualities are worth admiring. He is not God, but he has done God’s work with distinction. Now Freddie has reintroduced an old PPP narrative about what Kwayana did “ when he was Sydney King.”

Freddie, the historian may help us. Yes, I am writing a political biography of Kwayana which will be devoid of political gossip, But I am willing to accommodate Freddie. I am willing to do two things. First, I want Freddie to publicly tell me the political gossip he has on Kwayana when he was Sydney King. Second, I will invite Freddie to come to Buxton at our next Emancipation activities and tell Buxtonians what he knows Kwayana did to Guyanese when he was Sydney King. We would have lots of conkey, mauby and cook-up rice.

Regards David Hinds

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GUYANA CHRONICLE Tuesday, July 7, 2020

GHK Lall quit the self-righteous rhetoric

Dear Editor,

GHK Lall is as impertinent, as he has been, and is, generally agnostic. GHK Lall is as illogical, as he is patronising and condescending.

And he, is (unwittingly, or otherwise) as much a condoning accessory after the fact to FRAUD, as those who actually perpetrated, or inspired it on March 2, 2020.

He is as self-righteous; as he is vain and delusional. I refer to, and extrapolate these characterizations, from his letter - “President Granger it is time to step down with honour” (SN, Sunday, July 5).

Editor, I say without one jot of doubt, that GHK Lall’s deluge of pitiful exhortations to President Granger, is nothing but a tangled web of deceit, weaved in some vain machination to deceive President Granger, to do the unthinkable: conceded the APNU+AFCs win, to the PPP/C. Rather than call on the fraudsters to concede; GHK Lall self-righteously, appeals to the Godliness of Mr. Granger, reminding him that he was “named after Kings: one of sacred scripture, and the other from literature’s timeless legends” (a veiled reference to the Israelite leader David, and Shakespeare’s King Arthur), in his tirade, that Mr. Granger, the intended victim of the PPP/C thwarted monstrous fraud, must be the one to concede; step down. What temerity; what impertinence; what ingratitude. GHK Lall does not even care that he has piously misinterpreted, and misapprehended the biblical story. God’s favoured David, defeated goliath (the philistine). David did not concede to Goliath’s false image of physical invincibility.

Had David done so, the history of the Israelites might have been different. And, there is something of

an alluring, instructive and illuminating analogy between the PPP/C seeming electoral invincibility based on false quantitative votes at the imperfect national recount, and Goliath’s defeat, (inspite his seeming physical invincibility) based on the sheer quality of the votes cast for the APNU+AFC. And, so unfair is GHK Lall, he cannot even smell the stench of his Orwellian illogically, and unfairness towards President Granger.

GHK Lall writes “It is time to step down with honour. I say to you today, Mr. President, be different today. I share the pained words of Al Gore in 2000. “I accept the finality of the outcome……… tonight for the sake of our unity as a people, I offer my concession”.

But what GHK Lall in his practice to deceive does not write so that his impressionable readers would be reminded, is that Al Gore (as the Democratic Presidential Candidate) it was, who took the election matter to Court (Gore v. Bush); he did not concede the Election, what he knew he had, on the evidence, won, candidate Al Gore it was, who sought, rightly, a judicial determination of that election hiatus that emerged from the electoral shenanigans in the electoral college system decisive state of Florida (where George H. Bush’s brother Geb was the Governor and had the decisive say as to recount etc.); and, that candidate Al Gore “concession” to George W. Bush (being a ritualistic dogma in the best traditions of American democratic culture) came ONLY AFTER Gore HAD EXHAUSTED ALL HIS JUDICIAL OPTIONS when the US Supreme Court gave a ruling favouring Bush. Paradoxically, it is candidate Ali (not President Granger) who is appealing an unappealable decision to the CCJ – a

decision on the evidence of which, Mr. Granger has been constitutionally adviced by the CEO to be the winner, should he declared the winner by the chair of Gecom, and sworn in.

Here with us in Guyana, the 2020 GREs election matter is still sub judice (i.e before the Courts- the CCJ) the judicial options are not yet exhausted and yet, GHK Lall exhorts the President to do what Al Gore only did after exhausting his judicial options - concede! What, and to whom- the candidate who has unconstitutionally appealed to the CCJ! And just like with Ramkarran, SC, for whom, conveniently, the most relevant and pointed article 177 (2) (b) does not seem to exist at all in his weekly tirade; for GHK Lall, neither the mountain of exposed fraud at the National Recount, nor the Court of Appeal decision in Eslyn David case (clarifying that “votes” in article 177 (2) (b) means VALID VOTES) seems, conveniently, not to exist. Both Ramkarran, SC and Lall are delusional.

There is not one iota of evidence pointing to a view that any fraud was on polling day perpetrated, or inspired, by APNU+AFC. None.

Notice that the Opposition has never sought to rebut the APNU+AFC narrative of fraud by the PPP/C, by pointing to any verifiable fact from which an inference could reasonably be drawn that on polling day, the APNU+AFC itself perpetrated, or inspired fraud. There is just no such evidence. (They withdrew their contempt action against Region 4 RO-Mingo; because the delivery of an impending judgement favourable to Mingo, was inevitable). So, I ask GHK Lall: who should be conceding-the intended victim of the fraud

DAVID ARTHUR GRANGER – or the perpetrators? In all my thirty six (36) years as a qualified lawyer I have never heard of a victim of a crime (and electoral fraud is a crime) being required to show remorse; it is always the perpetrator of the crime. And as to the bait of an election petition being vainly dangled by the likes of Ramkarran, SC and GHK Lall I say this (albeit analogically): there is no law – not the Constitution, not statute, not Common Law – which requires that if you have evidence a competitor has used dope, you must allow him to be presented with the gold medal, and then only afterwards, seek to have him stripped of that gold medal on the basis of doping (Read max Mohamed’s brilliant satire “let the thief finish stealing before you call the cops” GC, Monday, July 6th).

En passant, three observations: first, I hope the editor of the SN show some editorial even handedness and publish this letter so that the readers who do not read Guyana Chronicle can have the benefit and advantage of reading this reply to GHK Lall’s letter. Second, GHK Lall is expected to make an equally passionate exhortation to Candidate Ali to do an Al Gore type concession, in the event of Mr. Granger being declared the winner. Third, Ramkarran’s latest heresy “The torment could soon be over” – SN Sunday July 5th. But readers, reflect on this: the linchpin of Ramkarran’s argument is article 162, but there is no mention of the noun – “declaration”, or the verb “declare” in article 162. Those words are to be found only in article 177. A first year law student could argue, convincingly, that the chair’s function/power as to declaration of the President, is found only in article 177, not in article 162. So, is the

learned Senior Counsel inviting the Chair to plunge this country into a constitutional crisis by making an impermissible declaration under article 162? Should the Chair, yield to Ramkarran’s heresy and disregard and disapply the plain words of act 177 (2) (b) and make a declaration otherwise than “…… in accordance with the advice of the Chief Election Officer…….” then we are back in the COA for an interpretation of those words (article 177 (6) ouster begins with the plain words of limitation “subject to the provisions of paragraph (4) )]; and pending such interpretation, just as the CCJ did in the Ali/Jagdeo application, the COA would have to grant a STAY of any swearing in of Ali, while it renders its interpretation and finding of the plain and obvious intention of the draftsman/Parliament in the use of such plain and unambiguous words to record the formula on which, and only on which, the Chair’s declaration must happen.

I end with this: article 1 of our Constitution (entrenched by the framers at the deepest level and so it is of the highest constitutional signification and value) says that we are a democratic state. In a democratic State, there should be no President elected on the basis of fraudulent votes; only valid votes. And so, President Granger, as a historian, must know, that history will not absolve him, if as the true winner of the GREs 2020 by valid votes, he were to concede to the false, so called, winner on fraudulent, invalid votes. That, GHK Lall, stripped of all your self righteous rhetoric, is the real, historic, choices.

Regards Maxwell E. Edwards

Consequences of Jagdeo’s politics still being felt Dear Editor DURING the 23-year reign of terror of the PPP/C, Bharrat Jagdeo was the Minister of Finance for about six years, President for 12 years, and de facto President for for years. During that time, the state was criminalised, corruption was rampant, money laundering was the norm, narco trafficking was permitted, extra-judicial killings were frequent, many government critics were executed or charged with treason, and shady business deals by tax-dodging companies stifled the development of Guyana. Thus, bribery became the primary means for the Guyanese people to supplement their

incomes. In other words, the culture of corruption became normalised during the last 23 years. That culture is still with us today. The coalition is trying to make Guyana better for all Guyanese.

Mr Jagdeo is a former President receiving extensive emoluments and benefits from all of the hard- working Guyanese taxpayers. He is also the General-Secretary of the PPPC and leader of the opposition. Those two positions conflict with each other. It’s unfair for the people of Guyana to allow the same person holding these two conflicting but important positions, especially now that the PPP/C has committed massive electoral fraud during the March 2020 elections. When

464,000 people voted and the voting population is about 455,048, that irrefutably indicates fraud. As opposition leader Mr. Jagdeo has corrupted and compromised our electoral system and many people who worked during these elections. He’s even conspiring with local businesses, foreign diplomats and bureaucrats, regional leaders, and even the CCJ to legalise the fraud his party committed during the elections.

This treasonous behaviour is not normal anywhere in the world and it is creating uncertainty and instability in our country.

Thus, it is time for Mr. Jagdeo to choose his path forward. He must decide if he wants to be a former President and derive all the benefits of this position

from all of the Guyanese people, or an advocate for the PPP/C and its supporters. The government and people of Guyana are giving notice to Mr. Jagdeo that he must formally resign from his position as general-secretary of all active political parties and failing to do so, will result in the cessation of payments and benefits to him as a former President. He will be able to continue as the partisan leader of the opposition and be treated as such. Guyana’s taxpayers will no longer be subsidising Mr. Jagdeo’s treasonous activities.

Regards R. Chung-A-On

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GUYANA CHRONICLE Tuesday, July 7, 2020

OP-ED Who should be sanctioned in Guyana?

By Bart S. Fisher

THERE has been a lot of loose talk by the PPP/C about possible sanctions that might be imposed by the United States and other countries against Guyana and/or its Chief Elections Officer, Keith Lowenfield, if the PPP/C is not declared the winner of the March 2 general election. Quite simply, under the relevant U.S. statutes, the Global Magnitsky Human Rights Accountability Act passed

by Congress in 2012, the International Economic Emergency Act of 1977 and the Trading with the Enemy Act, there would be no legal basis for doing such a thing.

The situation is this: Mr. Lowenfield, in his capacity as Chief Elections Officer of the Guyana Elections Commission (GECOM), has determined that, on the basis of valid votes, the APNU + AFC Coalition prevailed in the election by 5,482 more valid votes than the PPP/C. Mr. Lowenfield found serious fraud on the part of the PPP/C, with ballots cast exceeding the number of

persons on the Official List of Electors, ballots for one electoral district in another, duplicate ballots carrying the same number, and missing poll books. In other words, he determined that a simple tabulation of the votes, which would include votes fraudulently cast, would not yield a legitimate, credible result.

This line of argument was accepted by the Court of Appeal on June 22, which ruled that Mr. Lowenfield is obliged to produce a result on the basis of more valid votes cast. It is preposterous to assert that the United States could or would impose sanctions if GECOM were to follow the guidance of its Chief Elections Officer, who in turn is following the guidance of the Guyana Court of Appeal.

GECOM’s job is to produce a credible recount based on valid votes, and to not accept votes that are not credible. There would be no legal authority in the United States to impose sanctions in this situation. Mr. Fazal Yussuff, the Chairman of the International Center for Democracy, has called for U.S. sanctions against Mr. Lowenfield, citing the U.S.

sanctions imposed in 2018 against Roberto Rivas Reyes, for “perpetuating electoral fraud that undermined the Nicaragua’s electoral institutions.” The Nicaragua precedent is not applicable in this case, in which precisely the opposite has occurred.

Mr. Lowenfield has upheld the democratic process in Guyana by refusing to count fraudulently cast ballots. In addition, Mr. Rivas Reyes was also accused of massive corruption.

The U.S. Treasury Department found that despite a government salary of $60,000 per year, “Rivas has been accused in the press of amassing sizeable personal wealth, including multiple properties, private jets, luxury vehicles, and a yacht.” That allegation has not been made against either Mr. Lowenfield or Claudette Singh, the Chairperson of GECOM. Nor is the 2019 Democratic Republic of Congo (DRC) case, in which the U.S. sanctioned three top election officials for alleged corruption tied to its presidential election, relevant for this case The central allegation in that case was that the officials embezzled

US Attorney, Bart S. Fisher

funds that were supposed to have been used to carry out a timely democratic vote. That allegation has not been made in the case of Guyana or its election officials.

Any sanctions that the United States would impose against Guyana or GECOM would be controlled by the legal principle enunciated in the case of United States v.

Yoshida International, Inc.,

326 F. 2d 560 (C.C.P.A. 1973): is the action of the President “reasonably and appropriately related” to the authorizing statute and the action undertaken? To sanction Guyana or any of its officials would stand Magnitsky and the other possibly relevant statutes on their head, by sanctioning those officials whose “offense” was to have an election based on more

valid votes cast! The PPP/C, however, does know a thing or two about sanctions and corruption, having run a narco-state during its tenure in which drug proceeds, according to Freedom House, accounted for between forty and sixty percent of formal economic activity, and money laundering and gold smuggling were endemic problems criticized by the U.S. Department of State. Extra-judicial killings were also a specialty of the house during the reign of the PPP/C. This track record of violence and fraud will surely discourage the United States from imposing sanctions on Guyana for carrying out its democratic election processes.

(Bart S. Fisher is an Attorney and Partner at JJ&B. He holds a Juris Doctor degree from Harvard Law School and a Ph.D. in International Relations from the Johns Hopkins School of Advanced International Studies. He served on the Board of Directors of the Center for Democracy, which monitored elections around the world)

What is paramount is that GECOM follow the constitution and support CEO report

Dear editor,

I TELL you this and I tell you this with an abundance of confidence. If ever you have the unfortunate experience of meeting Freddie Kissoon, first he will tell you his name, but immediately after that he will boast that he is an academic. The fact is that Freddie is a very insecure man and hidden beneath his thin skin is that high school dropout. Freddie is the first academic in the world without a Phd or any original research.

The evidence of Freddie’s limited academic ability or intellectual capacity can be seen in his daily gossip columns. These columns are devoid of any deep analysis supported by scientific evidence. Basically, they are hogwash, amalgamated with hormonal rants and ad hominem attacks.

I say this because since I wish to examine his Sunday’s instalment. I intentionally stated examine and not analyse, since I do not analyse trash. Essentially on the day of prayers and fasting, Freddie chose to desecrate our homes with the trashy article titled, “The Secretary-Gener-

al isn’t going to let Granger dirty CARICOM.” Predictably, the research-shy “academic” used the CARICOM report as the gold standard of the election recount; but today I rather debunk Freddie’s argument using established scientific standards.

First let’s examine the term “reasonably credible” that the CARICOM scrutinising team erroneously used to describe the recount. “Reasonably credible” is a term used for research subgroup analyses to establish correlation between the subgroup and the total cohort. It is an established fact that the CARICOM scrutinising team scrutinized only 423 ballot boxes, which is the subgroup of the total of 2339 boxes. What the CARICOM scrutinising team has stated in a clumsy way, with the use of the term “reasonably credible” as it pertains to the subgroup, is that the findings of 423 ballot boxes scrutinised is reflective of the whole group, i.e., the 2339 boxes. In my opinion this is a grave error on the part of the CARICOM scrutinising team in conflating the term “reasonably credible” in an attempt to describe the recount when it is a term

used in subgroup analysis.

My next step is to establish what evidence informed their conclusion that the subgroup analysis is “reasonably credible.”

The key to critically appraising a piece of research is to try to retrace in your head the steps taken by the researcher, with a view to determine if the steps taken can be repeated, producing the same results. The language used in academia is whether the findings are reproducible?

Implied in this argument is the need for the researcher to describe the steps taken to facilitate critical appraisal and peer review. As a result, when I read this report, I attempted to retrace the methodological steps taken by the authors. First question I asked of this report is what was the methodology used to determine the minimum number of ballot boxes needed to be scrutinised to establish correlation? Essentially, why 423 and not 523? It is established that before any subgroup analysis is undertaken, a statistician should analyse the total number along with other demographic variables to ascertain the minimum number needed to

be scrutinised to confidently reflect a true representation of the total. The fact is, there is no evidence of this critical calculation in this report, yet the CARICOM scrutinising team and others like Freddie Kissoon would confidently claim that the 423 ballot boxes scrutinised are reflective of the total. Further, on reading this report, it is evident that the CARICOM scrutinising team simply turned up at the ACCC for 33 days and 423 ballot boxes just happened to be the number of ballot boxes scrutinised during that period.

This is far from scientific and in my opinion the positive correlation they have alluded to is essentially a guesswork.

Even further, as I continued to interrogate the report, I attempted to determine whether statistical language and calculations were within it. Such language include p-values, CI ect and are critical to determine if the findings were by chance or how confident can we be of the findings. Sadly these were not present in the report. “Reasonably credible” now appears to incredible.

Some may ask where am I heading with this. It is simple: many are viewing this report as gold standard that

supersedes the CEO’s report.

It is for this reason that I was forced to examine the research foundations it stands on. Sadly, there was absolutely no foundation. What evidence have they provided to convince the readers that the 18.08% is reflective of the total? None? They produced a number, stated that it is reflective and expected us to accept it as fact. Even if that correlation has been established, did they confidently argue that it was not by chance? No! Further, my critical appraisal only examined the quantitative aspect of the report. For this I am certain, the qualitative aspect would fare far worse under any forensic eye.

So Freddie Kissoon with his paltry academic ability would use as his scientific evidence persons who support the report, despite those being their personal and not professional opinions.

Surely, any true academic, which Freddie is not, would have an inquisitive mind. A mind searching for answers.

A mind that would not take someone’s opinion as gospel, without scrutinising the evidence themselves. Sadly, many are running around

with this report in their hands, supporting it based on what they heard and not their own analysis. This for me is a sad state of affairs and is partly the reason we as a people are consistently disrespected like a herd of sheep that simply follow blindly. In my opinion, and it pains me to say this, this is the very reason a substandard CARICOM report was thrown in our laps with the instruction, FOLLOW emboldened on its cover. What makes it even more painful, is the irrefutable fact that anyone with limited experience in academia would recognise the severe limitations of the report which I have highlighted, and rightfully disregard it as gold standard. Apparently, many in red haven’t.

Finally, it is irrelevant what report Mr. Granger supports, if he supports any at all. What is paramount is that GECOM follow the constitution and support the CEO’s report.

To me that is what Guyanese should focus on, as Freddie continues to clutch at straws.

Regards Dr. Mark Devonish

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GUYANA CHRONICLE Tuesday, July 7, 2020

David Hinds warns against judicial coup …says any seizure of jurisdiction by CCJ would be dangerous

ANY decision by the Caribbean Court of Justice (CCJ) to hear an appeal to the decision of the Court of Appeal, which was made under Article 177 (4) of the Constitution, would be tantamount to an attempted coup, Political Scientist, Dr. David Hinds said on Monday.

The CCJ, on Wednesday, is expected to rule on a case brought by the People’s Progressive Party/Civic’s (PPP/ C’s) General Secretary, Bharrat Jagdeo and Presidential Candidate, Irfaan Ali, challenging the Court of Appeal’s decision that the words “more votes are cast” in Article 177 (2) (b) should be interpreted to mean “more valid votes are cast” with respect to the election of a President. The PPP/C’s application for special leave to appeal was filed before the CCJ, notwithstanding the fact that the Constitution states that any decision made by the Court of Appeal under Article 177 (4) is final. The CCJ, on Wednesday, will first have to determine whether it has

jurisdiction to hear the appeal, before proceeding any further.

Weighing in on the issue which has since sparked picketing actions across the country with A Partnership for National Unity + Alliance For Change (APNU+AFC) supporters calling for Guyana’s Constitution to be respected, Dr. Hinds said both the Constitution and the Caribbean Court of Justice Act have ousted the jurisdiction of the CCJ. “The barriers to the CCJ’s legal intervention are expressed in both the Guyana Constitution and the CCJ Act. There is no ambiguity in that regard. Since the CCJ is barred from legally intervening, any intervention would be political,” Dr. Hinds said in a statement.

All lawyers in the case have agreed that the CCJ has no jurisdiction to hear an appeal to a decision made by the Court of Appeal under Article 177 (4), since that Article, in unambiguous language, not only granted the Court of Appeal exclusive jurisdiction to adjudicate on

the validity of the elections but it indicates that any decision made thereunder is final. While PPP/C’s lead attorney, Senior Counsel Douglas Mendes has acceded to this fact, he has argued that the Court of Appeal did not make a decision under Article 177 (4) because it had no jurisdiction to do so. His position, however, is contrary to the position taken by some of the other leading attorneys in the Region including Antiguan and Barbudan Queen’s Counsel, Justin Simon; Trinidad and Tobago’s Senior Counsel, Reginald Armour and John Jeremie; and Guyana’s Attorney General Basil Williams.

On the basis that the Constitution is pellucid on the issue of jurisdiction, Dr. Hinds believes that should the CCJ act contrary to the Constitution – the supreme law of the land, such would amount to a political act.

“Any claim of jurisdiction by the CCJ would be a political act with clear political intentions. It would be a clear attempt to install a party in

The Caribbean Court of Justice

power against the wishes of half the population and in defiance of constitutional checks.

Such action is nothing short of a political coup,” the Political Scientist said.

In support of his position, he pointed to the oral submissions of Senior Counsel Ralph Ramkarran, who pleaded with the CCJ to take political action to bring an end to the electoral impasse which has stretched for well over four months. But, Dr. Hinds, said the CCJ has no such power under the Constitution of Guyana.

“Should the court seize jurisdiction it would set in train regional and domestic consequences that would further rip apart Guyana’s fragile national compact and CARICOM’s equally shaky relationship with the CCJ,” he said.

The Political Scientist added: “There is already a groundswell of anti-CCJ sentiment among a significant section of the Guyanese populace which would not react kindly to the CCJ seizure of jurisdiction and its potential coup.”

The cries of the Guyanese people for the Constitution to be respected should not be disregarded, he said.

“The regional and international forces’ weaponization of the elections’ impasse in favour of one ethno-political contestant and against the other has driven Guyana to the edge.

Any attempt by the CCJ to legalize that action would trigger domestic instability that would in turn re-open all Guyana’s historical wounds,” he warned.

Against that background, the Political Scientist further warned that dark days are ahead if the constitutional power of Guyana’s Appeal’s Court is usurped and the legal-constitutional authority of the Chief Elections Officer is over-run.

“Ever so often foreign forces intervene in domestic feuds with scant regard for the consequences for the local community. After four months of back

Political Scientist, Dr David Hinds

and forth, the electoral saga must be settled by Guyanese who are the best umpires of their situation. The CCJ should steer clear of any overt or covert entanglement, if it is to preserve its expressed autonomy from the domestic politics of member states,” Dr. Hinds said.

Guyana’s General and Regional Elections, held on March 2, 2020, have been bogged down by allegations of fraud coupled with a number of legal proceedings. It first started in March with allegations that the Region Four Returning Officer, Clairmont Mingo, had inflated the number of votes cast in favour of the ruling coalition but an attempt by the Guyana Elections Commission (GECOM) to ascertain “a final credible count” by way of a National Recount was met with more allegations of fraud – many of which, were detected in PPP/C strongholds. In fact, the recount, which spanned for 33-days, unearthed close to 5,000 cases of voter impersonation and well over 2,000 irregularities, which the Chief Elections Officer, Keith Lowenfield, has said, have compromised the electoral process. The PPP/C has argued that GECOM has no authority

to act on the allegations of fraud detected during the recount.

The Court of Appeal, in handing down its decision on June 22 in a case brought by North Sophia voter Eslyn David, indicated that the country’s President must be elected on the basis of “valid votes” in accordance with Article 177 (2) (b) of the Constitution, much to the objection of the PPP/C. Dr Hinds said that at this stage of the electoral process, Guyanese leaders must emerge from their perches and accept where the process has taken them. “The legal and constitutional buck stopped with the Court of Appeal’s binding ruling. GECOM can only respect that ruling and act on it. It is now for the leaders to act. Both parties gambled for four months and the final outcome is clear.

The events of March 4 have been overrun by subsequent events. That is just a plain fact.

Calls to annul the elections in the interest of mutual peace were rejected and have also been overtaken by subsequent events,” the Political Scientist said.

The CCJ will hand down its decision virtually on Wednesday at 15:00hrs.

COVID-19 and the Rule of Law

THE COVID-19 pandemic has triggered muchneeded discussions on the role of law enforcement in societies, as governments around the world struggle with what actions should be taken to uphold the rule of law, as it relates to COVID-19 related restrictions.

This has been recognised

by United Nations (UN) Assistant Secretary-General for the Rule of Law and Security Institutions, in the Department of Peace Operations, Alexandre

Zouev, who recently wrote on the matter.

Zouev noticed that where governments have responded to the pandemic with an expanded role and the forceful presence of police and other security actors, challenges have emerged whereby some countries have seen a sharp increase in arrests.

This, he noted, runs counter to the need to decongest prisons, which have suffered “disproportionally high” infection rates, both among

inmates and staff, spreading to surrounding communities and potentially triggering violence.

He said that there is also a risk that some states may be utilising emergency powers to establish executive authority at the expense of the rule of law.

Zouev pointed out that such actions suppress dissent and undermine democratic institutions.

Furthermore, the Rule of Law and Security Institutions expert pointed out that the pandemic

provides opportunities for armed groups, including terrorist organizations, to discredit state institutions and exploit gaps in public services.

“These challenges can severely undermine the legitimacy of governments, which is critical for effective mitigation and containment strategies during public health crises, as observed in some countries when they battled the 2018–19 Ebola outbreak. It is therefore in the interest of governments to ensure that emergency

restrictions on rights are necessary, proportionate, legal, and time bound,” he advised.

Zouev said that the UN has reacted quickly to provide immediate assistance to national rule of law and security institutions in a number of countries, and, in collaboration with its partners, has developed practical tools to mitigate the spread of COVID-19 in prisons.

However, he nonetheless recommended: “When the pandemic wanes,

governments should undertake after-action reviews, including of performance under emergency powers, to inform future practices and reform where appropriate.

The UN’s support, based on decades of best practices, can be useful in this regard, particularly in police sectors.”

He said that, as any crisis, COVID-19 may offer opportunities to make needed changes to legal systems and law enforcement practices.

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GUYANA CHRONICLE Tuesday, July 7, 2020

Ruel’s'exes' accuse him of abuse … TCI casts him aside to allow for full investigation

By Gabriella Chapman Co-founder and Executive of The Citizen Initiative (TCI) party, Ruel Johnson was on Monday asked to step back from any active duties in the organisation after allegations by his ex-girlfriends of sexual exploitation and violence went viral on Facebook.

The party posted on its Facebook page a message signed by its Presidential Candidate, Rondha-Ann Lam and the Executive saying; ‘Multiple posts have been brought to our attention with reference to Mr. Ruel Johnson and acts of violence, sexual and verbal abuse. One such woman has now openly made allegations of her experiences with Mr. Johnson.

TCI takes any such accusations seriously and as such we have asked Mr. Johnson to step back from any active duties in TCI while this matter is investigated by the relevant authorities.”

Johnson, who actively rallied against Bishop’s High School teacher, Coen Jackson in 2018 to be jailed for sexual abuse, is now being accused of the same vile act.

Youth Activist and Columnist at Stabroek News, Akola

Thompson, broke her silence against Johnson on Monday, by way of a harrowing Facebook post.

Efforts by this newspaper to contact Johnson for a response were futile, but he said in a statement on social media “This is very deliberately short on specifics and a great deal of glossing over of fact. Yes, I met her at a poetry reading when she was 17 and at the time living with someone and with a child.

And, yes, she was very talented with her poetry. What was initially a brief and stupid fling was ended by me on the basis of her age - there was no grooming, and certainly no prior relationship. There was no steady stream of alcohol because at the time I could not afford any but that was a very deliberate fiction.

Over the years, we would occasionally reengage until we entered a full and open relationship as she highlighted. It was toxic and a lot of fighting from a shitload of gas lighting on her part and yes, a great deal of anger and suspicion on mine.

What you presented above is a very clever mixture of truth and deliberate lies.”

PRETENDER Thompson shared her years of traumatic experiences with the politician and Kaieteur News’ Editor, who she said manipulated his way into her life, by pretending to want the position of mentor.

“He would use the pretense of the writing mentor to gain access to me and would coerce me through a steady stream of alcohol (I rarely ever drank) and manipulation.

Guidance would be given on my work yes but he would always find some way to make sexual comments and innuendos. There was always some sexual joke to be made, some secret, some lingering look and touch. Ruel would refer to me as his “Lolita.” He recommended I read the book. I did.

I couldn’t quite gather at the time or even now, what I was supposed to find endearing about the name,” Thompson said in her post.

She went on to narrate her story; “At 16, I was in a physically abusive relationship with my daughter’s father.

I had a history of trauma…

Predators who don’t want to deal with pesky grooming laws seek out 16/17 year olds intentionally. They are master planners. “

Six lawyers ...

From page 3

(4). From all indications, he said, the decisions made by the Court of Appeal under Article 177 (4) are final.

SUBSTANTIVE PROVISION He noted that while Sections 6 and 8 of the Caribbean Court of Justice Act deal with matters of procedure with respect to appeals to the Court, those sections are subject to Section 4 (3), which is the substantive provision under the rubric of the “Jurisdiction of the Court.”

While Mendes, in his submissions, agreed that the CCJ cannot hear an appeal to the Court of Appeal’s decision made under Article 177 (4), he has argued that on June 22, the Court of Appeal did not make a decision under Article 177 (4), because it had no jurisdiction to do so.

But this contention was rejected by Jeremie, Armour and Williams. In their submissions, they made it clear that the Court of Appeal did nothing more than interpret Article 177 (2) (b) as provided for in Article 177 (4).

Antigua and Barbuda’s Queen’s Counsel, Justin Simon, who appeared in association with the Attorney-General, explained that the core of David’s Motion was for an interpretation of Article 177 (2) (b), which outlines the procedure for the election of a President. He pointed out that the Court of Appeal, in its decision, simply interpreted the words “more votes are cast” to mean “more valid votes are cast.”

“This was the specific relief which was given, because there were no coercive orders made by the Court of Appeal. And in giving that interpretation, the Court of Appeal was looking at the broad meaning of the words which were used in Section 96 of the Representation of the People Act. It is our respectful contention, therefore,

that what was sought was an interpretation of a Constitutional provision, and as such, we submit that…Article 177 (4) gives to the Court of Appeal, in no uncertain terms, the exclusive jurisdiction to hear the motion which had been filed by the first respondent,” the Antigua and Barbuda Queen’s Counsel submitted to the court. He iterated that on the basis that the decision was made under Article 177 (4), it is final.

LIBERAL INTERPRETATION Jurisdiction aside, he asked the judges what is the harm in giving a liberal interpretation of the words identified by David in Article 177 (2) (b).

Amid contentions by Jagdeo and Ali’s attorneys that David’s case ought to have been filed in the High Court via an Elections Petition, Queen’s Counsel Simon turned the CCJ’s attention to the case, Reeaz Holladar v the Returning Officer, in which the Court adjudicated outside of an Elections Petition, albeit that the issue arose during the elections process. Reference was also made to the case Ulita Moore v the Guyana Elections Commission (GECOM), which was also filed and adjudicated upon during the ongoing elections.

In an opinion piece seen by the Guyana Chronicle, Grenadian Queen’s Counsel, Dr. Francis Alexis said that not only was the Court of Appeal correct in establishing jurisdiction, but also in its interpretation of the Constitution.

Dr. Alexis submitted that both the Constitution and the Representation of the People Act provide for election of a President based on valid votes.

“The mantra of Article 162(1) (b) of the Constitution and its constitutionalising the ROPA (Representation of the People Act)

Thompson said because she was a child raised on trauma, she was more susceptible to Johnson’s acts.

“He would begin inviting me over to him for our writing sessions. All pretense of the writing mentor falling away to reveal its true ugly nature.

He would ply me with alcohol…”

She said that Johnson was both in awe and envious of her talent, intelligence, and desirability. “He was intensely paranoid and possessive. He would try to pressure me to marry him, to have a baby for him, to promise to stay with him forever. He was verbally, emotionally and mentally abusive to me throughout. He would stalk me. He would show up to my home uninvited. He would constantly go through my emails and social media. He would send nasty messages to my friends and try to isolate me from everyone.

These are all tactics of abusive and narcissistic psychopaths.

He would frequently wake me out of my sleep to question me about another one of his paranoid delusions concerning me. He would shout, curse.

He would punch walls, slam tables and use his bodyweight and size to intimidate me into small corners of myself…

One night, on another one of his drunken paranoid benders, he got physical with me. He would lift me up and literally throw me out of his apartment.

I knew then I had to leave because things were on a continuous downward slope.”

Meanwhile, Sinah Kloß, a German ex-girlfriend of Johnson, also came forward to share her experience with the alleged psycho. “I was his girlfriend for two years.

I believe every word Akola has written. Although I was far from being a minor, he managed to manipulate me and slowly decreased my self-esteem, as is common in histories of domestic violence and is a common strategy of people who have a narcissistic personality disorder. I was suffering from a burn-out due to a stressful finishing phase of my PhD dissertation, a phase in which I was completely let down by him, the details of which shall not be discussed here on Facebook.

Also, my father was dying of cancer, adding to my stress and depression. He used this moment of vulnerability to exert power, control me, abuse me verbally, and make himself feel in charge, spit at me. I was called a “miserable c…t” so many times that in the end

whose section 96(1) requires that there be calculated ‘valid votes’ is that a person be elected as the President on the basis of only valid votes,” the Constitutional Queen’s Counsel said.

OVERRULE CONSTITUTION He said to assume jurisdiction would be to overrule the constitutional provisions provided for in Articles 177 (4) and 162 (1) (b).

“A final appellate court, as is the CCJ, undoubtedly has a wide inherent jurisdiction to grant special leave to appeal to it. But such a court does not grant such leave when doing so would overrule constitutional provisions.

Granting such special leave in this case would involve the CCJ overruling both Article 177(4) of the Constitution which makes the ruling of the Court of Appeal ‘final’, and Article 162(1) (b) of the Constitution constitutionalising the command in Section 96(1) of ROPA that what is calculated is the total number ‘valid votes’. CCJ should not thus overrule both those provisions of the Constitution,” Dr. Alexis reasoned.

He said that from all indications, the appellants have no real prospect of success in an appeal, on the basis that the decision of the Court of Appeal is final, and based on the undeniable fact that Article 162 (1) (b) of the Constitution and the Representation of the People Act mandate a calculation of valid votes.

The application for special leave to appeal, he said, should therefore be refused.

CONCURRENCE Queen’s Counsel Dr. Richard Wilson, who also wrote an opinion piece on the case before the CCJ, drew distinction between Article 163 and Article 177 (4). Notably, the Constitution, under Article 163, gives the High Court exclusive jurisdiction to determine any question regarding the qualification for election as a member of the National Assembly and equally important, whether an election was lawfully conducted or its result

Co-Founder of The Citizenship Initiative (TCI) and Editor at Kaieteur News, Ruel Johnson it didn’t even hurt anymore,” Kloß posted on her page.

Both women have since said that they have no political agenda but wish to speak up now to protect future victims and breaking this known pattern of abuse to young women and girls. Thompson said her recounts shared, are but a few, and that there are many more stories and other victims. “At the end of all of these physical/sexual/verbal/ mentally abusive interactions, Ruel would frame the women as the problem.

He would make reference to their/our mental and emotional state, saying that we are unstable, need help and are just trying to taint his name,” she said.

affected by any unlawful act or omission. No mention, Dr. Wilson pointed out, was made on the election of a President. “…conspicuous by its absence in Article 163 is any mention of questions dealing with the interpretation of the Constitution relating to an election of [a] President. Nor is there any provision that expressly grants the High Court jurisdiction in relation to the interpretation of the Constitution on any such question,” Dr. Wilson reasoned.

Unlike Article 163, the Law Professor said clear mention was made of the election of the President in Article 177. In fact, there are four Articles in the Constitution – 91, 95 (3), 177 and 183 (3) (c), that touch on the issue of an election of a President, however, only Article 177 (4), provides for the determination of any question relating to the validity of an election of a President, in so far as that question depends upon an interpretation of the Constitution.

“The silence in Article 163 on determination of any question as to the validity of an election of a President in so far as that question depends on the interpretation of the Constitution; the express provision in Article 177 (4) mandating the exclusive jurisdiction of the Court of Appeal to hear and determine such questions; and the absence of any provision elsewhere in the Constitution that purports to deal with the interpretation of the Constitution in relation to the validity of an election of a President,” Dr. Wilson said, cannot be ignored.

He added: “It is reasonable to conclude that the legislative intention must have been that the Court of Appeal, and not the High Court, would have exclusive jurisdiction on all such questions pursuant to Article 177 (4).”

Dr. Wilson iterated that under Article 177 (4), the Court of Appeal has exclusive jurisdiction to hear and determine question as to the validity of an election of a President in so far as that question depends on the interpretation of the Constitution and not the High Court.

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GUYANA CHRONICLE Tuesday, July 7, 2020

$17.6B invested in social services for 2019

THE recently published Ministry of Finance End of Year report has disclosed that expenditures for the Ministry of Social Protection totalled $17.6 billion in 2019.

This amount is 11 per cent higher than in 2018, and is attributed to increases in Old Age Pension and Public Assistance payments. The Old Age pension moved from $19,500 to $20,500 monthly while Public Assistance moved from $8000 to $9000.

A bank payment module was completed to ease the payment of old age pension through the banking system.

This took effect this year. A draft of the national policy on ageing, the pension bills, minimum standards of care for the elderly and the establishment of an elderly welfare services section was completed.

“The Ministry’s expenditure also went to the development of four programmes: the Human Rights Commission, the Child Rights Commission, the Women and Gender Equality Commission and the employment cost spending recorded at the Ministry of Finance,” the report also stated.

In the area of Early Childhood Development, the Back-

to-Basics toddlers reading programme was realised, and 180 caregivers were trained under the National Training for Early Childhood Caregivers.

Additionally, the parenting-support programme, Best Behaviour Campaign, was launched reaching 2,176 parents and 2,220 children. Additionally, under the programme, 1,788 books were distributed to parents and children countrywide.

“The [$250M] Children and Family Care Centre was commissioned and operationalised, one additional child advocacy centre became opera-

The $250M Children and Family Care Centre

(September 26, 2019) His Excellency President David Granger applauds as Minister of Public Health, Volda Lawrence, unveils the plaque of the first Children and Family Care Centre while Minister of Social Protection, Amna Ally, and Head of the Childcare and Protection Agency, Ann Green look on

tional in Region One, while two centres in Region Four and one in Region Six were completed,” the report detailed.

Currently, there are eight operational child advocacy centres in Regions One, Two, Three, Four, Seven and 10.

Aimed at raising awareness of sexual and reproductive health, a teen pregnancy and empowerment programme was launched.

To support the enactment of the Juvenile Justice Act, a review of the New Opportunity Corps and “mapping of juvenile justice services” were conducted.

The Ministry of Social Pro-

tection employed “two full-time Probation and Social Services Officers to support the work of the court, a psychologist was recruited to provide counselling services for youths in conflict with the law, as well as youth victims. Additionally, a youth coaching programme and a family enhancement services section were established to address secondary juvenile delinquency prevention services.”

Surveys were completed for the National Gender Equality and Social Inclusion Policy and the Women’s Health and Life Experiences; allowing for the analysis of the nature and prevalence of violence against

women and girls (VAWG) in Guyana.

Finally, the Sustainable Livelihood and Entrepreneurial Development Programme (SLED) sponsored sixty-five livelihood projects in Regions Two, Three, Four, Five, Seven, Nine and 10.

These ranged from block making, cosmetology and cash crop farming to fruit processing, chicken raring and tourism. The project benefitted a total of 3,291 persons; 175 per-cent more than in 2018. This is credited to the increased allocation of $100 million to the programme.

(DPI)

Elderly woman becomes 16th COVID-19 fatality THE local Novel Coronavirus (COVID-19) death toll continues to climb, as the country lost yet another person to the deadly disease, on Sunday.

The latest COVID-19 victim was identified as 76-year-old, May Portsmouth, who died while receiving treatment at the Georgetown Public Hospital Corporation (GPHC).

It is unclear when she contracted the disease or whether she was in the COVID-19 Intensive Care Unit (ICU), but Portsmouth became the fourth person to die from the disease in one week.

Health authorities have tested some 2,889 persons to date, with 2,611 of those persons being negative and 278 positive. Of the positive cases, some 121 persons have recovered and 16 persons have died, but there are 152 active cases of which 142 are in institutional isolation and ten in the COVID-19 Intensive

Care Unit (ICU).

The Guyana Chronicle had reported that the COVID-19 disease has proven to be a “real killer,” especially in cases involving persons who have co-morbidities. This was according to doctors of the GPHC. At that time, Guyana had recorded six deaths due to the COVID-19 disease and while the loss of life is never pleasant, doctors had said most of the persons who died had co-morbidities.

In medicine, comorbidity is defined as the presence of one or more additional conditions co-occurring with a primary condition; in the countable sense of the term, a comorbidity is each additional condition.

The World Health Organisation (WHO) had said that 81 per cent of persons who contract COVID-19 will have mild symptoms, while 14 per cent will have severe symptoms and five per cent will need intensive care.

“Most of the people who passed, have [sic] co-morbidities…some had diabetes, hypertension, asthma and one of them even had severe pneumonia, which, without COVID-19, can also cause death… these, coupled with the complications related to COVID-19, can be dangerous,” said Head of the Department of Internal Medicine at GPHC, Dr.. Genellys Camps, during a past interview with the Guyana Chronicle.

Among the persons who lost their lives to the deadly disease were 25-year-old teacher, Donna Ambrose Greaves; 34-year-old Abdool Khan, a resident of Bartica, who was asthmatic; local drag racer, Deryck Jaisingh, called ‘Mad Dog.’ Guyana’s first COVID-19 victim, 52-year-old, Ratna Baboolall, was also hypertensive and a diabetic. Jermaine Ifill, an emergency medical technician (EMT),

Guyana’s energy priorities on track with major gains -2019 End of Year report

GUYANA’s energy sector is in a better position to foster development as 2019 has shown massive gains, particularly in renewable energy, with the expenditure of $8 Billion.

According to the Ministry of Finance’s End-of-Year report, key advancements in the energy sector included the construction, testing and commissioning of the 20kw hydropower plant at Hosororo, in Region 1. Concerning solar energy, all administrative regions saw the installation of 462 stand-alone solar street lamps. This has immensely improved the living standards in communities that had few street lights in former years.

Further, selected schools in Regions 2,3,4,9,10 benefitted from significant upgrades to their solar photovoltaic systems that offer electricity, particularly in off-grid locations. These institutions are the Dredge Creek and Hackney Primary Schools – Region 2; La Parfaite Harmonie Primary School – Region 3; President’s College Dormitory and Long Creek Primary School – Region 4; St. Ignatius Primary – Region 9 and No. 58 Mile Primary School – Region 10.

For government buildings, 2,145 megawatt-hours of electricity were produced by solar PV panels installed at 80 locations. Resources were also directed to hinterland

who had also succumbed to the dreaded COVID-19, was also being treated for pneumonia.

Two other persons who died from the disease were OSA Collins, a 78-year-old resident of New Amsterdam; and 77-yearold, Colonel John Percy Leon Lewis. Fortyfive-year-old, Lennox Williams, who also had underlying conditions, also died because of COVID-19. And most recently, a diabetic patient, 67-year-old, Samuel Morris, also lost his life.

Considering the local situation, Minister of Public Health, Volda Lawrence, had said the ministry will continue to plead with all Guyanese to intensify efforts to stop the spread of COVID-19 by practising social distancing, staying at home, wearing face masks and regularly and thoroughly washing hands.

communities to sustain and enhance the livelihood of Guyanese through electricity expansion. The Ministry of Public Infrastructure, through the Hinterland Electricity Company Incorporated (HECI) spent $128Million on the installation, upgrade and extension of distribution networks in Orealla, Siparuta, Port Kaituma and Moco.

The end-of-year report cited the critical rehabilitation of two generators in Port Kaituma that have now reduced electricity woes in the Region 1 township. On the coastland, there were upgrades of 33km medium and low voltage distribution networks in Regions 4 and 5. The report noted these improvements were completed with an investment of $3.5Billion.

The Guyana Power and Light Incorporated (GPL) has further developed its capacity to effectively monitor customers’ electricity usage with installation of 6,644 smart meters. These were installed across 43 communities in Regions 3, 4 and 5.

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GUYANA CHRONICLE Tuesday, July 7, 2020

‘Respect our sovereignty’ …ECD villages protest as Guyana awaits CCJ ruling on elections

By Naomi Parris SUPPORTERS of the A Partnership for National Unity (APNU) + Alliance for change (AFC) coalition, on Monday, staged a country-wide peaceful protest stretching from Berbice, the East Coast of Demerara, Georgetown, all the way to Linden.

The supporters who were seen clad in the party’s colour as well as face masks stood along the public roads of their various communities silently holding up cards which read ‘CCJ must respect Guyana’s Constitution’ and ‘Respect our Sovereignty ’.

Speaking at one of the protests at Plaisance, on the East Coast of Demerara, Region four’s chairwoman, Ms. Genevieve Allen, stated that, on the occasion of the Caribbean Community’s (CARICOM’s) 45th anniversary, Guyanese have very little to celebrate as they await the decision of the Caribbean Court of Justice in the case against the country’s appeal court.

“Today we are out here demonstrating that the Appeal Court of Guyana has the final say in the affairs of Guyana and I am quite sure that the learned judges of the CCJ know that and I am sure that, on Wednesday, we will hear that the decision is that they don’t have jurisdiction against the appeal court’s decision that was made concerning the March 2nd elections,” she stated.

Additionally, Allen stated that the APNU+AFC government would have transformed Guyana significantly over the past five years while in government, and must be given the chance to continue the work it has started to take Guyana to further development.

Meanwhile, on the Buxton public road, Kidackie Amsterdam, who led several Buxtonians to protest, disclosed that the protest was an impromptu event which saw citizens taking up the initiative to stand with the government that they voted for, and to support the position that the Caribbean Court of Justice has no jurisdiction in Guyana’s elections matter.

“We are saying by the show of our presence that we are supportive of the fact that our constitution… the constitution of a sovereign Guyana and article 177-4 says that the appeal court has the exclusive and final

jurisdiction in this matter”, Amsterdam told the Guyana Chronicle.

He further noted that supporters are also calling on the CARICOM leaders and other international observers to ‘back down’ and respect Guyana’s sovereignty since they have shown a bias in the current election matter.

During the protest, the Guyana Chronicle caught up with a young firsttime voter who expressed disappointment with the proceedings with the March 2nd elections.

‘WE ARE FRUSTRATED’ 21-year-old Audlie Waton said, “ I’m shocked that the process is taking this long and I think that everyone’s vote should be counted but only the valid votes because a winner cannot be announced on invalid votes because if we are talking about being fair and having credible elections then all valid votes should be counted and I think that the CARICOM observer team, CCJ and other international bodies should insist that all valid votes be counted…I think they should also respect Guyana’s sovereignty.”

In sharing similar sentiments, Devon Brutis who voted for the second time in the general elections disclosed that he did not expect the process to take so long hence he is protesting for the swift swearing-in of a president.

In expressing her frustrations during the protest, one woman, Evette Errod, stated, “All we are hearing is the government is illegal and illegal… then do what is right and swear in one so that we can get law and order. In the absence of law and order there is chaos and we don’t want that kind of confusion, we are one people, one nation, one destiny. We don’t want to destroy anybody; we all should live as one.”

The woman further exclaimed that CARICOM leaders should understand and respect Guyana’s constitution and the courts of the country, “The Court of Appeal remains supreme.

CCJ does not have any jurisdiction. Our court of appeal is final and they said only valid votes must be counted.”

Meanwhile, another protestor, Remmington Samuels, stated that he believes the sooner a

Residents of Plaisance on the East Coast of Demerara, during a peaceful protest on Monday morning, as Guyana awaits the decision of the Caribbean Court of Justice (CCJ) (Delano Williams Photo)

Kidackie Amsterdam

21-year-old Audlie Waton, a first-time voter , during the peaceful protest on Monday morning, on the Buxton Public Road

Evette Errod, one of the many protestors, who came out on Monday morning, calling for the Caribbean Court of Justice (CCJ) to respect Guyana’s sovereignty

Residents of the East Ruimveldt area also showed up to protest on Monday morning (Delano Williams)

president is sworn in and parliament resumes, the country will be able to put a control to the rapidlyspreading COVID-19 disease, as well as other affairs. “You know as soon as they swear in a president, we could control the virus because it just keeps climbing and the elections thing just taking away from that.”

The Caribbean Court of

Justice (CCJ), on Wednesday, is set to make a decision on whether it can assume jurisdiction in a challenge seeking to set aside the ruling of the Court of Appeal that the election of the President must be on the basis of “valid votes.”

President of the CCJ, Justice Adrian Saunders, who led a panel of five judges, made

the announcement on Wednesday (July 1) after hearing more than five hours of legal arguments, virtually, on whether the CCJ has jurisdiction to hear the case filed by People’s Progressive Party/ Civic’s (PPP/C’s) General Secretary, Bharrat Jagdeo and Presidential Candidate, Irfaan Ali; and if it has jurisdiction, whether the

Court of Appeal’s decision that the words “more voters are cast” in Article 177 (2) (b) of the Constitution are interpreted to mean “more valid votes are cast,” should be upheld or set aside. The ruling will be delivered at 15:00hrs on Wednesday, July 8, 2020.

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GUYANA CHRONICLE Tuesday, July 7, 2020

Supporters of APNU+AFC at the protest on Monday

Lindeners set face against foreign interference …protest alleges meddling by CARICOM, diplomatic community in elections

By Naomi Marshall LINDEN supporters of the ‘A Partnership for National Unity and the Alliance For Change’ (APNU+AFC) coalition joined the series of countrywide protests that occurred simultaneously on Monday to make clear their position that the Caribbean Court of Justice (CCJ) has no jurisdiction over the Guyana elections case.

Linden’s peaceful picketing was led by former Member of Parliament Jermaine Figueira and saw supporters holding placards that read: “CCJ MUST RESPECT GUYANA’S CONSTITUTION”; “NO FOREIGHN INTERFERENCE,” and “CEO FOLLOWED GUYANA’S LAW.” In an invited comment, Figueira stated that the supporters believe that several CARICOM leaders have made statements

that are believed to be “premature, uncalled for and has interference [sic] in Guyana’s electoral process.”

However, he noted that on July 6, CARICOM Day, APNU+AFC supporters want the CARICOM community to know explicitly that Guyana is a sovereign state and not a colony of CARICOM; as such, foreign interference in Guyana’s electoral process will not be tolerated. Figueira highlighted CARICOM Chairman Ralph Gonsalves’ statement,“no one would be allowed to steal the elections,” and added that Guyana is in agreement with his statement.

The former Member of Parliament added, “We as Guyanese would never allow anyone to steal our elections, knowing that we would have discovered a lot of irregularities tantamount to electoral fraud and we are of the view that an election should be one in which only

valid votes are tabulated and in that respect we agree with Mr. Gonsalves that the elections cannot be stolen by the tabulation of invalid votes. It must be preserved by the tabulation of only valid votes.”

He went on to say, “that is why we went to our apex court, our indigenous court, our highest court which the constitution of Guyana provides for, which was for an interpretation of what ‘valid votes’ meant. The majority of the judges on the appeal court said that ‘more votes’ meant ‘more valid votes’ and that is the position we stand by and that is the position that we want CARICOM to understand that we stand by and we believe that the true will of the Guyanese people will be demonstrated by the tabulation of only valid votes.”

Meanwhile, young supporter of the APNU+AFC

coalition, Devin Sears, in an interview with the Guyana Chronicle highlighted 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; and any decision of that court under this paragraph shall be final.”

Sears noted that when Guyana signed on to the CCJ in 2001, any of the laws Guyana would had had prior to the signing should remain intact. He stated that the other CARICOM countries that have not yet signed on to the CCJ are watching and it is important for the CCJ to maintain its good reputation which will contribute to those countries’ decisions to either sign on to the CCJ or not.

Mark Goring,

APNU+AFC Candidate for Region 10, noted that he wants the CCJ to respect Guyana’s constitution by doing the right thing, which is to state that it has no jurisdiction over the Guyana elections case.

Goring made his expectations clear, noting, “We expect our President to be sworn in by the end of the week and we expect all Guyanese to be calm.

There will be a winner, there will be a loser and in this case APNU+AFC is the winner and we ask that the supporters of the opposition recognise that their leaders have tried to steal an election and we hope they understand that stealing is not permitted in Guyana and we want peace in our country, we want peace to reign.”

On Wednesday July 8, 2020, the Caribbean Court of Justice (CCJ) will hand down its decision on whether it can assume jurisdiction in

a challenge seeking to set aside the ruling of the Court of Appeal that the election of the President must be on the basis of “valid votes.”

President of the CCJ, Justice Adrian Saunders, who led a panel of five judges made the announcement on Wednesday (July 1) after hearing more than five hours of legal arguments virtually on whether the CCJ has jurisdiction to hear the case filed by People’s Progressive Party/ Civic’s (PPP/C’s) GeneralSecretary Bharrat Jagdeo and presidential candidate Irfaan Ali; and if it has jurisdiction, whether the Court of Appeal’s decision that the words “more voters are cast” in Article 177 (2) (b) of the Constitution are interpreted to mean “more valid votes are cast,” should be upheld or set aside. The ruling will be delivered at 15:00hrs on Wednesday.

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GUYANA CHRONICLE Tuesday, July 7, 2020

‘We have abided by the law’ --- Norton says PPP/C advocating for disregard for the law --- says CCJ could cause itself a crisis to assume jurisdiction on ‘final’ ruling

REPRESENTATIVES of Guyana’s two main political parties sat down together and agreed to a national recount of the 2020 General and Regional Elections; they crafted an Order and committed to abide by it, but now, when doing so does not favour one of the political parties, it goes rogue in a desperate bid for power.

This is the way APNU+AFC Executive member, Aubrey Norton described what led to Guyana’s current electoral situation and the matter currently before the Caribbean Court of Justice (CCJ), which he believes ought not to have been entertained.

On Sunday, Norton spoke with Trinidad and Tobago CCN TV6 host, Fazeer Mohammed, hoping to correct what he said are false narratives of the Guyana situation pedaled by the People’s Progressive Party/ Civic (PPP/C) to the regional

and international community.

IGNORING THE ORDER He said that not only has the APNU+AFC realised that the PPP/C is not allowing the current legal process to run its course but it has gone out of its way to pledge large sums to foreign companies to spread its messages and the party is now desperate to win the elections to pay its debts.

However, Norton said that, in the mix of things are the citizens of Guyana who have not forgotten that Guyana’s national recount --- still incomplete --- is governed by an Order which the APNU+AFC has been criticised for simply seeking to upkeep.

Digging straight to heart of the present contention, he pointed to the national recount Order which was made by the Elections Commission pursuant to its powers under Article 162 of the Constitution and Section 22 of the Elections

Laws (Amendment) Act, No. 15 of 2000. It was gazetted on May 4, 2020 and previously found the agreeance of both major political parties involved.

However, Norton pointed to the section of the Order which he said the PPP/C wishes to ignore and has managed to convince some sections of the international community should be ignored.

Reaching for the portion of the Order that details how the ballots should be counted, he highlighted: “…the conduct of the aforementioned recount of all ballots cast at the said elections, including the reconciliation of the ballots issued with the ballots cast, destroyed, spoiled, stamped, and as deemed necessary, their counterfoils/stubs; authenticity of the ballots and the number of voters listed and crossed out as having voted; the number of votes cast without ID cards; the number of proxies issued and the number

the ability of some judges in the Caribbean to be impartial.

So, I believe that the real crisis will be a crisis for the CCJ because all and sundry that are on the side of law will know fully well that they have no jurisdiction and if they do that, they are threatening the existence of the CCJ because others will conclude that if the law is clear that you had no jurisdiction and you overreach, then they wouldn’t want to become a part.”

APNU+AFC Executive member, Aubrey Norton

utilised; statistical anomalies; occurrences recorded in the Poll Book.”

Norton told those tuned into the programme: “I’m saying to you, without fear of successful contradiction, that in essence, the APNU+AFC has lived by the actual law as it relates to this recount and, therefore, one has to recognise that a lot of the utterings of the People’s Progressive Party, they are an attempt to go outside and allow people to forget what the Order says.”

The APNU+AFC Executive said that, throughout the recount process, his party has highlighted the cases where the necessary reconciliation of the ballots cast did not meet the requirement of the Order but, it was soon realised that the Guyana Elections Commission (GECOM) was being influenced to ignore these cases, contrary to the very Order it crafted.

“It is at that point that we recognized that they were not going to honour the law and have the reconciliation as stipulated by law and it is at that point that a private citizen went to Court and asked the Appeal Court, in keeping with the law, to determine 1) the jurisdiction, which was established and 2) that what ‘more votes’ meant is ‘more valid votes cast’,” Norton explained.

He added: “When the People’s Progressive Party recognised that in one area alone, 41 ballot boxes had no documentation in keeping with the law and could not be validated, they went out, used their Mercury company, the people they have international support with, and began this call for them to be declared winners based on the tabulated votes rather than what the law says.”

A CRISIS FOR THE CCJ Now, with the matter before the CCJ, brought by the PPP/C which hopes to see the Court overturn the Appeal Court’s ruling to say that it had no jurisdiction to do so, Norton advised that CCJ should look sharp before it contradicts itself by ruling on a case it has no jurisdiction on.

The APNU+AFC’s position on the matter of the CCJ having no jurisdiction on the aforementioned matter is based on Article 177 (4) of the Constitution which gives the Appeal Court the legal right to rule on matters in relation to the election of a president and stamps the court’s ruling as “final”.

“In my opinion, the CCJ should not even have gone into the details and listened to both sides. I think some people believe that it was an attempt to give the PPP/C a channel out but based on the law and what the CCJ has been saying over the years, they knew fully well that they had no jurisdiction and I believe that they will be forced, if they’re following the law, to determine that the CCJ has no jurisdiction,” Norton said.

Furthermore, he believes that the entire Caribbean is watching on and certain countries, which already have reservations about the CCJ and its ability to remain impartial, will make decisions on whether or not they should sign on to the Court as their highest Court, based on its ability to stick to the law in the Guyana case.

Asked whether crisis could come to Guyana should the CCJ rule that is has jurisdiction on the matter, Norton said: “The CCJ is operating in a community that has more than 15 countries. Only four countries signed on because of the reservation they have about

PEACE AND JUSTICE During the interview, Norton also spoke to the possible avoidance of the current events had the PPP/C not lobbied against the completion of the national house-to-house registration exercise which would have seen a clean Official List of Electors (OLE) being used in the elections, almost entirely ruling out possible cases of voter impersonation.

He stated further that, the Chief Elections Officer (CEO), though now under attack by the PPP/C, was right in accordance to his duties and the law to present to the Elections Commission, only votes which could be verified as valid.

To those from the Opposition now against the CEO for such, Norton stated: “Could I remind you that Lowenfield was first appointed under the PPP government? I find it strange that suddenly he is not an ‘honest broker’.

But I want to say this, Keith Lowenfield operated based on the Order that was negotiated by the two parties. Keith Lowenfield operated based on the law.”

He cautioned the international and regional community about their support for the PPP/C indicating that the party has not abided by the Order in place and actively campaigns for others to do the same.

“I think it is hurting Guyana. I think Guyanese would prefer a resolution [so that we can] move on. But one of the things Guyanese wouldn’t allow, at this stage, is a government to come into power by fraudulent means…we are not dealing with people who are honest and who want to see proper elections and results. We are dealing with people who made promises to people as it relates to oil resources and they are desperate for power regardless.”

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GUYANA CHRONICLE Tuesday, July 7, 2020

CARICOM calls for ‘Reparations Summit’ with Europe

THE CARICOM Reparations Commission (CRC) is calling upon European leaders to engage in a three-day Reparations Summit as part of prerequisite formal dialogue needed to advance action on the Caribbean region’s call for reparatory justice.

Since 2013, when the CRC was established by the Caribbean Community (CARICOM) heads of Government, the body has been the region’s mechanism for lobbying for reparatory justice fr the historical crimes against humanity committed in this region for centuries.

These crimes against humanity include native genocide and enslavement.

On Monday, via a media engagement, Chairperson of the CRC and Vice-Chancellor of the University of the West Indies (UWI), Professor Sir Hilary Beckles, renewed the Caribbean’s call for European governments to take responsibility for these crimes committed and the legacy of underdevelopment faced by the people of the Caribbean which ensued.

“The CRC is calling for a reparations summit, in much the same way that the region met with the European governments to discuss independence, this is phase two of the independence process- the meeting in a summit, over three days, to discuss how to honour this debt owed to the Caribbean at this moment in history,” the CRC Chairperson said.

Explaining what the three-day summit will encompass, Professor Sir Beckles highlighted that Day One of the summit will feature talks between Caribbean and European governments; Day Two should feature conversations with the private sector organisations in Europe, many of which Sir Beckles reminded emerged out of and were enriched by the crime against humanity; and finally, Day Three should have engagement with civil society individuals and institutions, such as the many universities and the churches which also benefitted during the period of enslavement.

This summit, Professor Beckles said, would allow for a segway into the “Phase Two” of the Caribbean’s exit from colonialism. “We have argued, in the Caribbean, that reparatory justice is about development; that Britain and Europe do indeed owe a debt to this region- a debt that is recognised, a debt that can be computed and a debt that is historically sound in terms of its legitimacy,” Professor

Barbados Prime Minister and Chairperson of the Prime Ministerial Sub-Committee on Reparations, Mia Mottley

Beckles said.

The renewed calls for advancement of the Caribbean reparatory justice agenda came amidst the current global activism on systemic racism and inequality and the statements of “apology” and/or “regret” from some European states and a number of British commercial enterprises for their role in the trans-Atlantic slave trade and in the 200-plus years’ practice of chattel slavery. In June, it

was reported that Lloyd’s of London, the world’s oldest insurance market, and pub chain Greene King would take steps to make their businesses more racially inclusive and provide financial support to black and minority ethnic groups, after apologising for their role in Trans-Atlantic Slave Trade of enslaved Africans.

Greene King’s founder Benjamin Greene was compensated by the UK government when he re-

Chairperson of the CRC and Vice-Chancellor of the University of the West Indies (UWI), Professor Sir Hilary Beckles (Vishani Ragobeer photo)

linquished slaves on his sugar cane plantations in the West Indies. Lloyd’s insured ships which transported the enslaved Africans and the family of Simon Fraser, a founding subscriber of Lloyd’s of London, owned slaves on an estate in what is now Guyana. European governments have issued statements of “regret”, not apologies, for their role in the crime against humanity in the eighteenth and nineteenth century. However,

these governments have not been receptive to engagements on reparatory justice.

However, Professor Beckles firmly stated, “Apologies are not enough.”

Rather, he contended that apologies should be an indication that the harm done has been acknowledged and that there is agreement that negotiations and discussions on how to repair that harm will follow.

He stressed the need for dialogue and diploma-

cy, particularly to discuss CARICOM’s Ten-point plan for reparatory justice and development of the entire Caribbean region. This plan outlined the path to reconciliation and justice for the victims and descendants of the crimes through its 10 tenets: the issuance of a full and formal apology; repatriation; indigenous peoples development programme; cultural institutions; alleviating the public health crisis, particularly the Caribbean’s susceptibility of chronic diseases (hypertension and diabetes) rooted in the plantation diet; illiteracy eradication; an African knowledge programme; psychological rehabilitation; technology transfer; and, debt cancellation.

“All across the region, successive governments have tried to bring development to the people as best as they can,” Barbados Prime Minister and Chairperson of the Prime Ministerial Sub-Committee on Reparations, Mia Mottley said.

“But the problem is, as we do it, we are not finding a hospitable policy environment to allow us to be able to move to the next level.”

She detailed how the hindrances to the region’s development over the years is now further exacerbated by the COVID-19 pandemic, which will undermine the viability of the Caribbean nations in the medium-term.

“If we have to borrow money to stabilise our region, when the pandemic goes, you are already hearing that the region is highly indebted and any additional borrowing that comes is going to preclude our ability to remain focused on development, post-pandemic,” she said.

The economic decline that the region will continue to face- as it has already been vastly impacted by the loss of tourism- will further exacerbate the inherited ‘colonial mess’ from Britain and the other European nations. This is yet another reason why reparation just must be seriously considered at this time, she opined.

CARICOM is seeking reparatory justice from the former colonising nations of Europe, namely the United Kingdom, France, Spain, Denmark, Germany, the Netherlands, Portugal, Norway, Sweden and Switzerland. The regional body has advanced that there is an outstanding debt owed for the development of these nations at the expense of the underdevelopment of the Caribbean and its people.

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Windies considering the...

CONTINUED FROM PAGE 21

“I’m not concerned about the batting,” Simmons added. “The batsmen have worked very hard on getting to where they are now, and all that it takes now is for their mindset to be right for the Test match.

“The key thing for us is that we play proper cricket in all three facets of the game. We keep talking about the batting, and the bowling has been strong, but we must field well and catch well also to give ourselves that chance. Our frame of mind is that we have to play well in all three facets of the game in order to beat England.”

Holder appeared to be nursing an ankle injury in the early weeks of the tour, but Simmons insisted there was “no concern” about his captain - a player who is currently ranked as the No. 1 allrounder in Test cricket, ahead of Ben Stokes at No. 2, the man who will also be his opposite number as he stands in for Joe Root in the first Test.

“Jason has played enough Test cricket now to know what he’s working on and, mentally, he’s where he wants to be,” Simmons said. “He might not have scored runs up in Manchester, but he’s been hitting the ball well.”

Of Stokes’ lack of experience as captain - he has never before led a team

in his professional career - Simmons warned that it might not be an issue that his side would be able to exploit.

“I think that it’s going to be a toss-up between these two allrounders and hopefully Jason can do what’s necessary to get on top of Ben in this first Test,” he said. “Ben is one of them who leads from the front. That’s been shown by all his exploits before in cricket, [so] we will have to make sure that we get on to him very early, because he likes to do what is necessary for his team.

“You have to be careful how you use an advantage because, with Root not being there, you have some youngster who wants to make a name for himself.

And sometimes that’s even harder than the players you know, so you have to be very careful about saying that it’s an advantage.

“Ben has not had that time [as captain] but they’ve had a successful team for a while, and that helps,” he added. “With the experience that he has behind him - Jimmy [Anderson] and Broad and people like that, there’s a lot of experience to help him on the field if he comes a cropper. But it’s hard to really say if that’s a big advantage.”

CRICKET QUIZ CORNER

(TUESDAY JULY 7, 2020) COMPLIMENTS OF XTRA ENERGY DRINK - STABROEK BAZAAR (Tel: 683-9500) &CUMMINGS ELECTRICAL COMPANY LTD-83 Garnett Street, Campbellville, Georgetown (Tel: 225-6158) Answers to yesterday’s quiz (1)Herschelle Gibbs-125 (Port Elizabeth, 1999) (2)Phil Simmons-122 (Jamaica, 1992) Today’s Quiz: (1) What are the best bowling figures by a SA player in an ODI against the WI to date?

(2)What are the best bowling figures by a WI player in an ODI against SA to date?

Answers in tomorrow’s issue

20

GUYANA CHRONICLE Tuesday, July 7, 2020

Tottenham edge past Everton (BBC) - Manager Jose Mourinho brought up his 200th Premier League victory as Tottenham edged past Everton - though home players Hugo Lloris and Son Heung-min had to be separated by team-mates during the match.

A tepid contest threatened to boil over as the teams left the pitch at half-time when Spurs skipper Lloris ran over and shoved Son in the back.

The South Korea forward tried to react but was pushed down the tunnel by his team-mates, with others having to hold back France World Cup-winning keeper Lloris.

But the pair put their differences aside at full-time as they shared a warm hug before leaving the pitch.

The half-time clash was the flashpoint of a largely uneventful affair which was settled by Michael Keane’s own goal, the ball deflecting in off the Everton defender from Giovani lo Celso’s strike.

The Toffees barely threatened in a poor attacking display and substitute Anthony Gordon’s long-range strike, which was straight at Lloris, their only shot of note.

The win keeps alive Tottenham’s hopes of playing European football next season. They move up to eighth, four points behind sixthplaced Wolves, while Everton stay in 11th.

Spurs players show much-need-

Giovani lo Celso is still waiting for his first Tottenham goal in the league

ed fight Mourinho has seen his winning prowess wane since taking the Spurs job in November, but reached a significant milestone against the Toffees.

He has had two spells at Chelsea and been in charge of Manchester United, and he becomes the fifth manager to reach a double century of Premier League victories - with Sir Alex Ferguson, Arsene Wenger,

Harry Redknapp and David Moyes the others to achieve the feat.

The 57-year-old had questioned the mentality of his players after a desperate 3-1 loss to Sheffield United last time out, saying afterwards he was “destroyed a little bit on the inside” by the result.

But the players hit back to stay in contention for the top six - where they have finished in the past 10 seasons - with Lloris and Son two to

show they are up for the fight.

The incident seemed to come out of nothing as the Tottenham players headed down the tunnel, but Lloris seemed particularly incensed by the contributions of his teammate and determined to let him know about it.

The pair embraced at the final whistle and Mourinho will surely be pleased with the passion shown by his players as they kept Everton

at bay for only their fifth clean sheet in 30 games under the Portuguese.

Son saw two strikes kept out well by keeper Jordan Pickford, but three points will be welcome for Spurs - it was only their second win in their past 10 games - though striker Harry Kane was subdued throughout and must wait to net his 200th career goal.

Toffees come unstuck Everton have enjoyed a revival since Carlo Ancelotti took over as manager, with only Liverpool, Manchester United, Manchester City and Arsenal picking up more points since the appointment of the threetime Champions League winner in December.

Neither side set a mediocre game alight, but the defeat at Tottenham Hotspur Stadium leaves the Merseysiders in the bottom half of the table and extinguishes any faint hopes of claiming a European spot with five games left.

Though their overall performance was steady, Everton lacked any real creativity or inventiveness in the final third, failing to force Lloris to make a save in the first half.

Gordon’s low drive and efforts from Dominic Calvert-Lewin and Moise Kean in the second period were all very comfortable for the Spurs goalkeeper to deal with

Ferrari bringing upgrades to Styrian GP (BBC) - Ferrari are bringing forward some planned upgrades to their car after a disappointing showing at the season-opening Austrian Grand Prix.

Lead driver Charles Leclerc was runner-up on Sunday, but the car was a second off the pace in qualifying seventh.

At this weekend’s Styrian Grand Prix, Ferrari will introduce some of the parts originally scheduled for the subsequent race in Hungary.

“We have to respond immediately,” chief executive officer Louis Camilleri said.

“We know there’s lots of work to do. This is certainly not the grid position that a team like Ferrari should have.

“It’s clear that we have to improve on all fronts. The only solution is to react.”

The car’s main problem was a lack of speed on the straights, where it was losing 0.7 seconds a lap to Mercedes.

Camilleri added: “It’s not that these new parts are expected to completely

Ferrari finished 2.700 seconds behind the Mercedes of Valtteri Bottas in Austria

bridge the gap compared to the front of the grid.

“But the progress in terms of lap time could allow the team to move up the order and put the drivers in a better condition to be able to display their talent.

“Moreover, it’s about checking that the chosen direction of development is the right one, precisely because it will be possible to do a true back-to-back on every upgrade.”

Ferrari said before the

race weekend that they had discovered a problem with their car since it ran in pre-season testing, prompting a “significant change of direction in terms of development”.

But their lack of pace

in Austria was even worse than they were expecting - the car was not only a second off the Mercedes, but it was also nearly a second slower than Ferrari had been at the same track last year, when Leclerc was on

pole position.

Camilleri, speaking in a statement issued by the team, said he had “every confidence” in team principal Mattia Binotto and the rest of the team to “address our shortcomings”.

Leclerc was running sixth for most of the race but moved up to second in the closing laps as a result of retirements in front of him and two audacious overtaking moves on McLaren’s Carlos Sainz and Racing Point’s Sergio Perez.

He later described it as one of the best drives of his career.

Team-mate Sebastian Vettel finished 10th, after a spin while trying an ambitious overtaking manoeuvre on Sainz. It was the latest in a series of mistakes during races that stretch back two years.

The four-time champion was struggling throughout the race with the handling of his car and said he was surprised he had not spun more times.

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GUYANA CHRONICLE Tuesday, July 7, 2020

Windies considering the knee as first test looms

(EPSNCRICINFO) -Phil Simmons, West Indies’ head coach, has said that his players will decide by Monday night whether to take a knee in support of Black Lives Matter before the start of the first Test against England, but stressed that the issues that have been brought to prominence by the global movement were ones that “motivate us all the time”.

Simmons, who last month revealed that he had been the target of racist abuse during his days in English league cricket in the late 1980s, said that the decision to incorporate the BLM logo on the collar of the West Indies Test shirts - a move since followed by the England squad - was just a “start”. He also insisted that the recent political interference that followed his attendance of a family funeral would not detract from the team’s focus on defending the Wisden Trophy, and bidding for a first series win in England since 1988.

“We’ve spoken about it a bit,” Simmons said of BLM. “It means a hell of a lot to all the players and all the staff on the tour. But

it’s not just about now, it’s about life on the whole, and I think we as a group don’t need to say this is going to motivate us. It motivates us all the time, it’s been a natural part of life.”

While West Indies’ expanded squad has put on a united front during their bio-secure build-up to the series at Emirates Old Trafford, that sense of regional unity was dented last week when Conde Riley, the president of Barbados Cricket Association, called for the sacking of Simmons, a Trinidadian, after he had been given permission to leave the team environment to attend his father-in-law’s funeral.

And while Simmons described Riley’s criticisms of his actions as “sad”, adding that “not much surprises me in life anymore”, he denied that the controversy had had any impact on the wider squad’s preparations, or that the overarching message of BLM was required to help keep his players focused on what is at stake in the coming weeks.

“I think there’s rivalry between the islands all the time,” Simmons said. “But as

far as I am concerned, 97% of the time that I’ve been with a West Indies team, whether playing or coaching, we’ve been together as a unit, as a team.

“So it doesn’t take the Black Lives situation to bring us together as a team. All the teams that have been with, we’ve been fairly united in the struggle that we have, to go out there and win Test matches. It doesn’t matter what we’ve been against, we have to go out and win Test matches, and that’s what we’ve got into these guys here.”

Wednesday’s Test at the Ageas Bowl will be the first to have taken place since the global lockdown in March, and Simmons said that the ECB deserved huge credit for devising a “blueprint for how cricket can move forward” in the wake of the Covid-19 outbreak, adding that several aspects of the team’s preparations in recent weeks would be worth retaining when “life gets back to what we consider normal”.

In particular, Simmons said he was “extremely happy” with the use of an extended

squad for West Indies’ two warm-ups at Old Trafford. The matches left a few issues unresolved, not least the form of West Indies’ batsmen in general and their captain Jason Holder in particular, who has been short of both runs and overs since arriving in England.

But with Shannon Gabriel proving his fitness following an ankle injury, West Indies will go into the Tests with a full complement of fast bowlers, all of whom are gunning to repeat their feats in the Caribbean 18 months ago, when England were outgunned in the first two Tests of the series in Barbados and Antigua.

“It’s an exciting group of fast bowlers and the reserve group has made for an exciting four weeks for us as coaches,” Simmons said.

“We know that Kemar [Roach], Shannon and Jason are our top bowlers but [Alzarri] Joseph has been bowling so well that I think that he will have a lot to do with the outcome of this series.

CONTINUED ON PAGE 19

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GUYANA CHRONICLE Tuesday, July 7, 2020

GAW names star studded team for CPL 2020 The Guyana Amazon Warriors have retained 13 players from the 2019 team as they prepare for the 2020 edition of the tournament.

GAW went unbeaten during the league stage of last year’s tournament and have added New Zealander Ross Taylor and Afghani Naveen-ul-Haq. Imran Tahir, Chris Green, Brandon King, Shimron Hetmyer, Keemo Paul and Sherfane Rutherford all return to the Amazon Warriors for 2020.

Defending champions, the Barbados Tridents, have signed su-

perstar Afghanistan leg-spinner Rashid Khan, powerful English opener Alex Hales and Australian all-rounder Marcus Stoinis.

Their other overseas players are Englishman Harry Gurney and Afghani Rahmanullah Gurbaz.

They have retained the core of their championship winning side from last year and they have signed Kyle Mayers to join a strong set of Caribbean players.

Trinbago Knight Riders have signed Pravin Tambe, and the spinner will become the first Indian to play at the CPL.

They have also brought back Australian leg-spinner Fawad Ahmed who was part of their Championship winning team in 2018.

They have signed New Zealand wicket keeper Tim Seifert and Zimbabwean batsman Sikandar Raza.

They Knight Riders have retained the core of their local players for the 2020 season.

The St Kitts & Nevis Patriots have signed Australians Chris Lynn and Ben Dunk and have also recruited Ish Sodhi and Sohail Tanvir.

Rassie van der Dussen returns to the Patriots after a successful spell with the team in 2018 and they welcome back Fabian Allen, Evin Lewis, Sheldon Cottrell and their captain Rayad Emrit.

The Jamaica Tallawahs are looking to rebuild after a poor season in 2019 which saw them finish in last place in the table.

They have recruited Carlos Brathwaite who was released by the Patriots.

They have also signed Nepalese leg spinner Sandeep Lamichhane and South African left arm wrist

spinner Tabraiz Shamsi.

They have brought in exciting Pakistani batsman Asif Ali and retained their leading run scorer from last season, Glenn Phillips. These overseas players will combine with a strong local contingent which includes Andre Russell, Rovman Powell and Oshane Thomas.

The 2020 tournament which is scheduled to take place from August 18 to September 10.

The draft was carried out remotely and the six teams have successfully filled out their rosters

Walcott returns with dominance in Canada

CMC – Barbadian Rico Walcott has not enjoyed the usually dominant start to his western Canada campaign.

So his double on Sunday’s seven-race card at Century Mile here was more than welcomed, helping him to kick-start an otherwise tame opening to the new season.

Walcott missed out in the day’s first two races but finally reached the winners’ enclosure in race four over 5-½ furlongs when he guided favourite Maskwecis to a 2-¼ length victory over the three-year-olds.

He raced the brown gelding just off the pace set

by Serappy and Flat Out Leader before reeling in the leaders at the top of the stretch and dominating the run through the lane.

Walcott’s second win of the day came aboard 4-1 bet Lute in race seven, bringing the three-year-old helding with a late run to beat the three-year-olds and upward over six furlongs.

Stormy Spirited, Imperial Sun, Sly Not Shy and Double Ransome all disputed the lead early on before Double Ransome emerged as the clear leader.

Lute trailed early on in the eight-horse field but made good ground off the final turn and was in a heat-

Barbadian Rico Walcott. ed battle with Double Ransome and Artic Reign at the top of the stretch.

But Double Ransome kept Lute honest and Wal-

cott could only get home by a head in the end.

A multiple-time champion at the now defunct Northlands Park, Walcott

now has five wins from 20 outings this season, three shy of leader Rigo Sarmiento.

Antiguan Kwame Jo-

seph, meanwhile, also tasted success when he paired with 9-1 outsider Quintero in race one to get the better of the three-year-old and upward

maidens by 1-¾ lengths in a six-furlong sprint.

The Century Mile season runs from May 21 to November 1.

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GUYANA CHRONICLE Tuesday, July 7, 2020

Walsh calls roach ‘genuine great’

(ESPNCRICINFO) - Courtney Walsh, the former West Indies captain, thinks Kemar Roach is a “genuine great” as the Barbados quick eyes his 200th Test wicket going into the Test series in England. According to Walsh, Roach could leap to 300 wickets “quickly” if he manages his workload well in sync with Cricket West Indies.

Roach is seven short of becoming the ninth West Indies fast bowler to reach 200 Test wickets. No bowler has achieved this since Walsh’s new-ball partner Curtly Ambrose got to the mark in 1994 when he castled Michael Atherton in Guyana. Walsh, who served as the interim coach with West Indies women’s team recently, hopes Roach can get to the landmark in the first Test that starts on July 8

in Southampton.

“Tremendous milestone, to have another West Indian up in that bracket (200 Test wickets) is awesome,” Walsh told ESPNcricinfo. “Kemar has been a friend of mine forever and I’m just happy for him. I can’t wait for this to happen. I hope that he doesn’t take long to get there.

Hopefully, if he can get it [the milestone] out of the way in the first Test match, it’ll be perfect as he could then relax and enjoy the rest of the series.”

Roach has been a thorn for England since 2017, where he picked up a five-for at Lord’s. He was instrumental in West Indies winning the Wisden Trophy 2-1 at home last year. Walsh said as much Roach needed to focus on the job and not the record, it was also the responsibility of the

other West Indies fast bowler to take that pressure off him.

“He has to have someone like I had Curtly [Ambrose],” Walsh said. “He needs to have someone in this team who can probably give him a smile or something different to take your mind away from it. And that in itself will help him to relax. It’s an achievement that not many West Indians have got there and he will be in an elite group of people who’ve done it.

Couldn’t happen to a nicer guy.”

Walsh also felt Roach is more focused now than when he arrived as raw, young Barbadian who wanted to bowl with extreme pace. This Walsh put down to Roach’s improved understanding of his own body, his game, his art, his skills, the conditions and how to adapt.

“He’s got to a stage where he knows his game, knows what he wants to do, and how to go about doing it,” Walsh said. “On days that it works for him, that’s beneficial.

He has got a stage where he knew his own personal game, knew what he wanted, knew how to go about it setting batsmen up and trying to get wickets and his patience level is very, very good.

“Sometimes as a fast bowler you’re not patient and trying to get a wicket every delivery and it just doesn’t work at all like that.

Those days do come, but his patience shows he will stick around, and he knows what to do and how to go about achieving that. To me that is what has got him to be as consistent as he is now.

His work ethic has gone up as well and he’s doing all

he can do to be one of the greats. He’ s a genuine great.

His achievement shows that.

What I like about him is his mannerism: he’s always cool and collected and he’s prepared to work.”

Walsh said for Roach to become even better and reach the next milestone of 300 Test wickets “workload management” would be the key factor. “Workload management is something that they can look at it,” he said.

“I don’t think he has played a lot of shorter versions of the game. He has played a couple of ODIs and he’s still good enough to do that. But it’s up to him as an individual as well to set the standards, set the goals he wants to achieve. He will get 300 quite easily once the workload management is good and he is playing consistent cricket

What you don’t want to happen to him is that every time he comes back he starts all over again.

“So he has got to find a way and the groove of keeping that momentum going.

Maintaining his body fitness and his skill-set. He’ll get better with age and then just knowing his body and be consistent with that.

Because one of the things, I remember saying to Glenn McGrath, when you get to a certain age, if you start to feel the muscles don’t want to move the next morning and stuff like that, that’s [a] problem. Once he knows how to manage his body and maintain that level of fitness and performance level match-wise and get match fitness going, then he’s in a good place.”

Police ‘want to discuss sprinter’s Williams concerns after stop

(BBC) Met Police bosses say they want to speak to a Team GB sprinter who is accusing officers of racially profiling her in a stop and search.

Bianca Williams and Ricardo dos Santos, a Portuguese 400m runner, were stopped in Maida Vale, west London on Saturday.

Ms Williams, whose three-month-old son was in the car at the time, called it an “awful experience”.

Cdr Helen Harper said she was “really keen” to speak to the couple “to discuss... the concerns they have”.

The Met had said that officers were patrolling the area in which Ms Williams was stopped because of an increase in youth violence.

But the European and Commonwealth Games gold medallist believes the couple were targeted because they are black and were driving a Mercedes.

“They [the officers] said there’s a lot of youth violence and stabbings in the area and that the car looked

Bianca Williams won European and Commonwealth gold in the 4x100m relay in 2018

very suspicious,” she told BBC Radio 4’s Today programme.

“They see a black male driving a nice car, an allblack car, and they assume that he was involved in some sort of gang, drug, violence problem.”

In a statement on Sunday evening the Met said the Mercedes was stopped after it was seen driving suspi-

ciously, including being on the wrong side of the road, and that the driver had sped off when asked to stop.

‘Getting ridiculous’ But this was rejected

by Ms Williams, who said: “That is false, we were never on the wrong side of the road. We were driving down through single-width roads.

“We only found out about us driving on the wrong side

of the road once they tweeted.

“This isn’t the first or fourth or fifth time, it must be about the 10th. It’s getting ridiculous.

“We are planning on taking it down the legal route.

I feel very hurt by their actions, and to witness my partner being taken away and for me to be taken away from my son, my heart hurts.”

The Met said officers from the Directorate of Professional Standards had reviewed footage from social media and officers’ bodycams and were satisfied there was no concern around the officers’ conduct during the stop and search of the two athletes.

“That does not mean there isn’t something to be learnt from every interaction we have with the public,” Cdr Helen Harper said.

“We want to listen to, and speak with, those who raise concerns, to understand more about the issues raised and what more we can do to explain police actions.

“Where we could have interacted in a better way, we need to consider what we should have done differently and take on that learning for the future.”

Speaking at a remote hearing of the House of Commons Human Rights Committee earlier, Baroness Lawrence said it was “ludicrous” that black people could not drive around in expensive cars.

“Stop and search will continue to be an element young people go through on a day-to-day basis,” said the campaigner, whose murdered son was failed by an “institutionally racist” Met Police.

“And when they are stopped, it is not just one officer or two officers, you have six or seven officers standing around one individual, a young person who is probably frightened to death because he doesn’t know what is going to happen to him.

“So if now people have mobile phones and start recording what is happening to them, we have the issues where police say it is one thing and the individual says it’s another, and the authority believes the police over the individual.

London mayor Sadiq Khan said he took allegations of racial profiling “extremely seriously” and he had raised the case with the Met. The Independent Office for Police Complaints said it has not yet received an official complaint.

GAW names star studded team for CPL 2020 See story on page 22

Phil Simmons, West Indies’ head coach PA Images via Getty Images

Walsh calls roach ‘genuine great’

Kemar Roach celebrates a wicket Associated Press

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Windies considering the knee as first test looms

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TUESDAY,JULY 7, 2020