K
US, Canada Thursday Edition AIETEUR NEWS pile pressure on GECOM to make Recount Declaration p. 14
July 09, 2020 - Vol. 13 No. 27
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CCJ rules 5-0...
Lowenfield’s June ‘report’ invalidated p. 8
* throws out Appeal Court’s decision of voters * Lowenfield cannot disenfranchise thousands see full summary ( ( GECOM to meet 1:30pm today of ruling on p.17 *
Matter now -lies President with GECOM Granger p. 3
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Kaieteur News
Thursday July 09, 2020
Kaieteur News
Thursday July 09, 2020
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The matter now lies with GECOM - Granger F
o l l o w i n g yesterday's historical ruling made by the Caribbean Court of Justice (CCJ), incumbent President David Granger as well as his campaign co-chairman of the governing coalition Joseph Harmon, have both said that the matter now lies within the confines of the Guyana Elections Commission (GECOM). In sharing his reaction following the ruling, President Granger alluded to that fact that the CCJ rendered invalid the decision of Guyana's Court of Appeal which had ruled on June 22 that Chief Elections Officer ( C E O ) , K e i t h Lowenfield, must calculate the election results on “valid votes”—thereby disenfranchising 115,844 voters. “The CCJ has not allowed the position that our Court of Appeal has taken but it means that the matter will now have to go back to the Election Commission. So the matter is not closed, it
now has to go back to the Election Commission,” the President said to his supporters beyond the gates of State House. Campaign co-chairman of the APNU+AFC, Harmon shared similar views to that of his party leader. “The end of this matter in the Caribbean Court of Justice” Harmon said, “puts the matter back to GECOM for the final decisions to be made in the declaration and swearing in of our President.” Granger also spoke of the electoral impasse which has grappled the nation for over four months since Guyanese went to polls on March 2, but he maintains that the impasse occurred as a result of the voting irregularities that were claimed to have been discovered by the A Partnership for National Unity + Alliance For Change (APNU+AFC). He said to his supporters, “We all went out on the 2nd of March; March passed, April passed, May
passed, June passed and now we're in July. It is the first time this has happened in the history of our country and it has happened because there are some bad elements out there who tried to manipulate the vote b y h av in g v o tes recorded for dead people, people who had migrated, more votes in a polling station than they had electors. We know all of the faults. Our party, our partnership and our coalition has been bringing these complaints of abuses and irregularities to the attention of the public and also to the attention of the court.” Notably, during the national recount the APNU+AFC peddled narratives of votes cast for the dead and migrant, along with other allegations of electoral fraud. Those allegations by the coalition have, however, been refuted by Guyanese who were recorded on the coalition's list of dead/migrant voters, with
Dispute over horse…
Suspect killed after shootout with police
A
suspect who was being hunted for the murder of a 36-year-old employee of the Guyana Forestry Commission (GFC), Andre Easton, died yesterday after being shot by police who went to arrest him. The confrontation between the 32-year-old suspect, Keron Mark Adams, and the lawmen took place at around 13:45hrs yesterday at Mocha, East Bank Demerara (EBD). Police said that its ranks received information that Adams was hiding at a location in Mocha. Ranks then made their way to the location in their bid to apprehend the alleged murderer. When the officers arrived, Adams saw them first and immediately whipped out a handgun. In an attempt to avoid being captured, Adams began firing at the police. Ranks retaliated by returning fire. Wounded, the suspect
Killed suspect: Keron Adams fell to the ground. Ranks picked up Adams, seized his weapon and rushed him to Diamond Diagnostic Centre. He was later transferred to the Georgetown Public Hospital (GPHC). A few hours later, Adams succumbed while receiving treatment. On Tuesday last, it was alleged that Adams
Murdered: Andre Easton killed his victim, Andre Easton, of Lot TKR Dam 'C' Sophia over a dispute of a horse at 10th Field, South Sophia. Sources detailed that the Easton was slain for failing to remove his horse from the suspect's property. The suspect's wife had (continued on page 16)
Kaieteur News having published extensive investigative articles on the issues. Granger said that, “We will have to assess the situation in which we are in now. The matter will go back to the Election Commission but as far as we are concerned, we have evidence that there has been massive fraud and irregularities and we will continue the fight to make sure that your votes are counted. Harmon, in his statement yesterday continued to defend the integrity of Lowenfield and his June 23 report which was submitted the Commission, despite a stayof-action restraining him to do so. Regional heads of state, a s w e l l a s l o c a l and
Campaign co-chairman of the APNU+AFC, Joseph Harmon international bodies have called on GECOM to discard the CEO's report in which he invalidated over 115,00 votes. Some have also called for his removal as the CEO. “As we have said all along our Constitution made provision for the actions taken by the Chief Elections
Incumbent President David Granger Officer,” Harmon said while adding that his party expects that “GECOM in its understanding of the court's ruling will stand firmly with the Constitution which is our Supreme law.” T h e G E C O M Commission is expected to meet today at 13:30hrs, during which a decision to move forward may be taken.
CCJ has ruled; GECOM must use recount - US State numbers to declare winner Department
T
he US State Department has supported the ruling handed down by the Caribbean Court of Justice (CCJ) in the Jagdeo, Ali et al appeal case and called on the Guyana Elections Commission (GECOM) to declare the winner of the March 2, 2020 Election using the recount figures. Acting Assistant Secretary for the US Department of State's Bureau of Western Hemisphere Affairs, Michael Kozak, tweeted yesterday “The @CaribbeanCourt had ruled. It is time for #GECOM to
declare the winner of Guyana's election based on the national recount vote.” Kozak stated that “The will of Guyana's voters cannot be ignored.” The recount figures show that the opposition People's Progressive Party (PPP) won the March 2 polls with 233,336 valid votes while the incumbent A Partnership for National Unity + Alliance For Change (APNU+AFC) Coalition trailed behind with 217,920 valid votes. Those figures would result in Dr. Irfaan Ali being sworn in as Guyana's next President.
Michael Kozak
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Thursday July 09, 2020
Kaieteur News
Kaieteur News Printed and Published by National Media & Publishing Company Ltd. 24 Saffon Street, Charlestown, Georgetown, Guyana. Publisher: GLENN LALL - Tel: 624-6456 Editor: Sharmain Grainger Tel: 225-8465, 225-8491. Fax: 225-8473, 226-8210
EDITORIAL
Leadership on leave When leaders distance from their sworn duty, the population suffers from the fallouts that come. Usually, the brunt of the pain - physical, in the pocket, and otherwise - is felt by the weaker, those at the bottom of the ladder. All the delicately controlled, and fragilely managed, neighbourhoods and areas that are most in need of government’s authoritative presence are made to reel and retreat into frightened hiding. This is what is happening in New York City, Chicago, and other places, such as Seattle and Baltimore. Weak, torn, indecisive leaders, trapped on a tightrope of conflicting interests all too regularly decide that doing little or nothing at all is what works best, and that everything will come out good in the end. Many of the so-called inner-city sections, the largely minority communities, of the well-known places named above have been reduced to warzones. Turf battles, old feuds, and vendettas are settled with violence running amok, and the fatal fallen including both the noticeably young and those more advanced in years. Nobody is exempt, as in bulletproof, and all are vulnerable, sometimes even in the seclusion of their homes. We focus our spotlight on New York City, because so many of our fellow Guyanese and others from neighbours make home and life there. The police murder of George Floyd, the latest of such high-profile crimes involving law enforcement, brought out peaceful legitimate protestors, an assortment of anarchists dedicated to mayhem, and hustlers and looters determined to make the best of the covers and openings made possible by the restraining of police efforts. From a police perspective, what has resulted is the muzzling and handcuffing of its efforts in numerous big cities, with the inevitable result of the criminals and vandals enjoying unprecedented freedom to wreak havoc. The Mayor of New York City has come across as idle, vacillating, caught between competing forces, and lacking in leadership competencies and strengths to make decisions that are needed. He is not alone, with many already cemented to the bandwagon of doing nothing, of pandering to this group and that wing and one interest after another. In the meantime, the safety and security of vulnerable communities are up for grabs, with violence ruling the roost. Over the past two weeks, the confirmed reports of gun incidents, injuries, and deaths have spiralled to levels not experienced for decades. And yet, there is hesitation and withholding, and groping for a way out in NYC and Chicago, but with care to not touching sensitive feelings and positions. This foolishness is costing innocent people their lives, ravaged communities that will take years to recover, and blight the prospects of the same young that many rush forward to clamour loudly that their interests and future are being represented. This is utter absurdity since those same young are unable to navigate their streets, and are not safe in most places, be they playgrounds or parks or bodegas. Meanwhile, there is a governor in Albany who, like the rank politician that he is, weighs the pluses and minuses of necessary positions and messages he should represent, and decision that have to be made, but none of which are forthcoming. Still further, there is a leader in the White House that is about bluster and what could only be mildly described as fuelling the bigotries that now rage throughout America. Instead of leading and helping, the Chief Executive is about inciting and playing to the gallery for maximum political mileage, while stoking stereotypical fears. In agitated Guyana, the ugliness is out of control, with leadership lacking the honesty and decency to rein in their maddened supporters from engaging in the embittering nastiness that pierce and harm. We are concerned at the irresponsible talk-nuanced instigation, really about winning, disputing, and resisting the dictates of the law and the courses that should be followed, as are the norms in democratic societies. The faith of many citizens has been hurt, and as this gathers energy the hopes and wellbeing of many could be impaired, should leaders in this country fail to identify with what is lawful and logical, as well as what is good for this society. The CCJ and GECOM now challenges: democracy and law, or unilateralism and decay.
It appears that NICIL is more concerned with divvying out the industry’s assets while it makes a hefty premium DEAR EDITOR, As I awaited with great anxiety the monumental ruling of the Caribbean Court of Justice (CCJ), I reflected on the shame the Coalition brought us and the ignoble legacy that it has bequeathed to all Guyanese. Indeed, when one considers for instance, the oil agreement with Exxon; the secrecy and subterfuge that has been a hallmark of the Administration; its despotic treatment of the forestry and mining sectors; the disturbing and disdainful treatment of agriculture; the hardships added to Guyanese through a range of taxes; the discriminatory approach in governance, and the distribution of the largesse of the State to its friends and cronies one cannot help but get a clear picture. In my view, it doesn’t take a master political strategist to understand why the Coalition lost Government. But it is their selfish attitude that explains their loss and is the rationale behind their naked, power-thirsty grab for political office. It appears there is much to lose, including freedom for certain recalcitrant individuals. As I seek to stay up to date with current affairs, I have seen, undoubtedly, in a haste to patronize certain lackeys and supporters the Administration, using NICIL as a medium, has transferred
hastily several public properties to private hands, including a playground enjoyed by a community for a long period. NICIL, in seeking to offer a defence, has claimed that some of the transfers are related to its support to the sugar industry. I prior to now have shared my concerns, through the letter columns, as it regards NICIL’s so-called concern. I remain staunch and if not more firm in that view following recent revelations. A few days ago, the Government-holding arm, in a press statement announced that it was giving the sugar industry some $250M. In its statement, the sum was deemed to as yet another disbursement from the $30B bond that was secured to recapitalize the sugar industry. I found this statement strange. I recollect that the NICIL previously had said that further bond proceeds were on hold until the relevant parties had come to an amicable arrangement. The state company went on to inform the nation that in the absence of such an agreement, it was forced to finalize land sales in order to meet a bond payment and to provide support to the industry. Now, I see NICIL saying something else. Really, I think, the officials of the entity should get their
story straight. I sincerely could not help but wonder whether Mickey Mouse and gang were running an entity, which is charged with managing tens of billions of dollars of the people’s assets. The NICIL also announced that it had a further $750M more for GuySuCo but that would only be released following discussions between the two entities as it regards positioning the industry to become viable. I must confess that I felt this to be a reasonable proposition and a means to get the fogies of GuySuCo to begin to act responsibly and with alacrity. When I put this to several of my GuySuCo friends, they shared that they have been seeking for months to engage NICIL on a professional basis and to bring an end to the childish-antics of the Government’s holding company. My GuySuCo friends told me that there is several exchange of correspondence, which corroborates their version of the events. They informed me that for some time now, they have been seeking to have NICIL and its creature called the SPU who allowed them to borrow a packaging machine from the inoperable Enmore Packaging Plant. I was informed that the GuySuCo has a large demand for its
packaged sugar and wanted to maximize this market given the lucrative prices. They shared for weeks that they have chased the request so far to no avail. My friends also told me that they sought to rent from NICIL/SPU mechanical cane loaders of Rose Hall Estate in an effort to hasten harvesting operations thus improving production and productivity. To their dismay, their request was refused and the cane loaders were rented to a contractor who they must take on to complete their tasks. They advised me that they are several other instances of such behaviour on NICIL’s part and they cannot help but feel if the NICIL were really sincere, it would not engage in behaviour that would pull down the industry. After speaking with my friends, I could not help but be saddened. It appears that NICIL is more concerned with divvying out the industry’s assets while it makes a hefty premium at the same time it engages in a seeming deliberate ploy to choke the industry. The obvious question is “Why?” Is it a case of someone having his or her eyes on certain assets of GuySuCo? Who knows but the entire situation is worrying. Yours sincerely, Liebert Alleyne
Nobody wants to do what is required to start, much less to get there DEAR EDITOR, Everybody is talking about it. Nobody wants it. Nobody wants to do what is required to start, much less to get there. That would be on the road first, and then continuing on it towards some form of national healing and reconciliation. Last year, for seven consecutive weeks, during the throes of the noconfidence controversies and struggles, I shared almost a thousand words each week about reconciliation, while using the Rwandan experience as context. Few, if any, listened. Fewer cared. Worse still, even less gave a flying, ahem, something about what I tabled. But now more and more are rushing to the fore to wax profusely about the need for some sort of reconciliation. Since this is always close to me, I cannot help but agree. But as I do so, there is recognition that the headwinds standing in
opposition are ferocious. Listen to a smattering of the thinking, some verbalized, some silent. We won. Not a bit of it; let there be no talk of anything such. Another way to power. Backdoor. I pity these, ah, characters. Sooner or later, the insensible and those imitating infants, will have to come to grips with this unyielding reality: the winner takes all system of yore, makes for losers of all of us, including those who think they won. “Dis time nah lang time”; cliched, but so true. Look at us at right now. What is the dominant feature of our existence? To ask and answer, it is neither expectation nor celebration, with both held in some barely controlled check. It is fear. Fear that the other man and the other group will ascend. And from that fear-in fact, its inseparable Siamese Twinflows pure, unfiltered hate. Hate for the next side. Hate for their supporters. Hate for
self and the limitations of existence to which condemned, which are the bitter fruits of surly unacceptable defeat. Who should be held responsible and made to pay? This is unpalatable and unacceptable, on every count and across all boards. People from one group or another have been told repeatedly, and in the most unconditional and confident of terms that they have won. If they have to be reduced to the forced contentment of losing now, and all that that means, then the source of that defeat has to be dealt with in any way that removes the threat and the reality of such an obstacle, a most undesirable one. The degrees of hatred simply will not countenance any consideration of some abstract convention about the democratic way, the gracefulness of conceding, the reflexive encircling
platitudes of unity and togetherness and all that bull. Not when the prize disappears. Not when bread and prospects and calculations are yanked most unceremoniously from under the feet. Not when there are only the jagged rocks beneath to serve as cushion for disappointment. Not when there is all of that fabled oil flowing. Who is going to trust the next fellow to give them their deserved portion of the pie, when one’s own people are suspected? Who is prepared to wait the eternity of five years for another shot at the crown? Who is ready to give the other people a chance to govern, when they cheated out of birthright, bed and board, and house and land? Somebody better get real in this country, and in a hurry. In this most fevered of atmospheres and environments, most do not (Continued on page 6)
Thursday July 09, 2020
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Kaieteur News
Max wrong while Claudette right on fraud DEAR EDITOR, During the early 1980s, Max Mohammed joined a group of us in NY combating Burnhamism and electoral rigging. But today, he supports Lowenfield rigging of disenfranchising over 115K votes without due process. Max misunderstands the law on elections. Lowenfield and GECOM have no powers to investigate complaints or allegations on electoral fraud after election day. Lowenfield has no powers to disenfranchise voters. GECOM is not clothed with the powers of a court to look into fraudulent voting. Complaints should have been filed on election day to deter fraud. Once the election is completed and ballots counted and accepted by the Commission (Chair), complaints must be undertaken by a court. Max is reminded that the incumbent claimed victory on March 5 and again on March 13. Now he can’t change the narrative and claim ‘tief men’ deter the victories. Lowenfield and GECOM have no powers to investigate complaints or allegations on electoral fraud after election day. Lowenfield has no powers to disenfranchise voters. He simply has to prepare a report based on a count or recount as instructed by the chair and work out the allocation of seats. He has no other power. And GECOM is not clothed with the powers of a court to look into alleged fraudulent voting as the chair rightly sworn to in an affidavit to the court. Complaints of fraud must be filed and investigated on election day. Once the election is completed and ballots counted and certified by GECOM, any complaint must be inquired into by the high court. Lowenfield must carry out the order of the Chair who instructed him to prepare a final report for declaration. Max is reminded that the incumbent PNC/R coalition claimed victory on March 5 and again on March 13. Now victors can’t somersault and conveniently change the narrative and claim also that “tief men” robbed them (PNC/ R) of their proclaimed victory.
Max has set sail in a world of illusion. He is actually giving life to the absurd allegations that the dead and the migrated voted on March 2. This can’t be compared with his analogy of a thief breaking into one’s home and the owner calling the police during or after the robbery was committed. Actually, if indeed the dead and migrated voted, then that act was already committed. Now in the case of a break and enter, one call in the police with judicial intervention. Max should know that when someone breaks into a home, the head of the home first has to ensure that the “tief man” was not there to cheat on a spouse, or it could be that someone at home had locked the spouse out and has been trying to break in to gain entry. Apart from that, if a stranger indeed breaks and enters your home and begins to steal objects, the quickest way to handle the situation is either to incapacitate him or call the police at any time during the stealing process. This is a case where a crime was being committed. It satisfied the three elements of a crime: motive, means and opportunity. The case with the elections is completely different. If there were attempts at electoral fraud during election then these must be investigated and stopped during the act of commission, not four months after the alleged act. Assuming that there were instances of fraud, it is GECOM’s (Lowenfield staff) responsibility to stop these
during the act of commission. Failure to do this, means that Lowenfield abdicated his responsibility and failed miserably in his management of the election and therefore ought to tender his resignation forthwith. The claims of impersonation and dead people voting are not only mere allegations, but also preposterous. No one had seen a dead person voting while I admit that one party did appeal to the dead to wake up and vote. Max knows that party. And no one witnessed voter impersonation; Max knows which party has had a history of voter impersonation. No evidence was proffered to substantiate allegations of fraud. All allegations, according to news reports, on voter fraud were debunked. The dead did not vote as happened prior to 1992; such type of rigging was opposed by Max himself when he joined our movement in the early 1980s against fraud. Regrettably, he now seems to be a defender of rigging. Even Lowenfield admitted that under the current robust system, it’s impossible to impersonate any voter. If Max saw any dead voting, could he please apprise me as I want some deceased people to visit my home. Max made the common mistake like Lowenfield by elevating allegations to the level of crime, when there is no credible evidence. He should know that claims of impersonation were debunked by voters coming
forward and who swore in affidavits that they were in Guyana and did vote. Many of them never left Guyana for any country abroad. Perhaps Max can convince the dead to rise from the grave or ashes and state that they indeed voted! Max must also know that neither GECOM nor Lowenfield has the authority to determine that a voter committed electoral fraud four months ago. That responsibility resides in the High Court of Guyana. GECOM’s Chair herself, a distinguished judge, holds this position. Any party with allegations must proceed to seek judicial relief via an election petition. In 2015, Donald Ramotar alleged election irregularities. It was not GECOM’s task to investigate those matters before a declaration of the results in 2015 was made. David Granger was sworn in as President. The PPP/C filed a petition as permitted by the law. Max conveniently ignored this important point. Max should ask all the parties to submit their SOPs received on March 2 for cross references. He would have recognized that those SOPs
and the SORs were almost similar and as confirmed by Caricom monitors. Max is pretending otherwise. One must not suppress or distort findings of the Caricom highlevel team that speaks to the credibility of the recount process. Granger said publicly that Caricom was the most legitimate interlocutor, although he has regrettably backpedaled on this position. The Caricom team said that those making allegations were on a “fishing expedition”, adding that the results of the recount formed the basis for a declaration of the results. Max deliberately ignored Mingo’s voter tabulation fraud on March 5, 2020 which was the most transparent rigging ever to have happened in Guyana and perhaps the world. He also failed to acknowledge the greater fraud perpetrated by Lowenfield on June 23, 2020 when he disenfranchised 115, 844 voters. Those voters took time, effort and sacrifice to cast their votes and followed all the rules that were overseen by observer teams and political parties. Yet one man, without any authority or right, arbitrarily decided to rob 115,844 voters who
properly and legally exercised their franchise. If there were problems then, it was Lowenfield who was not diligent in identifying those and as such was in dereliction of his duties on March 2. He should resign NOW for this and other glaring aberrations. Max is engaged in sideshows and diverting attention from Mingo’s and Lowenfield’s massive fraud, trying to replace that with disingenuous information and political propaganda. Belching out a set of polemics and political platitudes to cover a most brutal, naked and vicious electoral fraud perpetrated by GECOM in collusion with PNC/R, is even more cruel that the fraud itself. One truth about this election is the recount was legal and credible. And that shows that the PPP/C won the election convincingly. No amount of changing narratives and sideshows can alter this reality. I call on my brother Max to rejoin the movement against electoral fraud and salute Claudette for following the law. Yours truly, Dr. Vishnu Bisram
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Thursday July 09, 2020
Kaieteur News
I thank my friend Freddie Kissoon for his reply to my letter DEAR EDITOR, I thank my friend Freddie Kissoon for his reply to my letter about his wrongdoings as it relates to African Guyanese honour. By Freddie’s standard, it was a mild reply. He expressed his disagreements with me without resort to his usual character assassination. I however, wish to make a few points as I close off this episode. First, Freddie says he does not give a “damn” about Black, White, Indian, etc. Well, Freddie clearly does not realize that that is a privilege he enjoys simply because he is not Black. Black people do not have that privilege. Freddie will never be a George Floyd who lives his entire life with a knee on his neck and begging to breathe. Freddie enjoys privileges simply because he is nonBlack. He can choose to be blind and not see skin colour. But Race is skin colour with meaning. I am not surprised that he does not see that. He does not have to. Second, Freddie says I am one-dimensional in my analysis of Guyanese sociology. I know I am not one-dimensional, and Freddie knows that. But he has to place me there to make his point that Black people are too preoccupied with race. A construct which was
invented to deny us our humanity. Yet according to Freddie, we must ignore it. We must ignore the persistent threat to our humanity and join Freddie in his foolish chant about Mingo. That may be the greatest threat to Freddie. But race and racism are the greatest threats to Black humanity. Freddie can choose to ignore the fact that Black People are the only group which has to constantly proclaim its humanity. Third, Freddie says Kwayana is not his hero. That is your business, Freddie. But Kwayana is a hero to Black People in Guyana and beyond. He is our Mandela and Martin Luther King. He is our example of public and private morality. You can criticize his politics or his political thought. But you have gone beyond that. You are seeking to desecrate him. In doing so, you are wittingly or unwittingly striking at the heart of Black honour and Black being. And for that you deserve the wrath of our ancestors—spiritual and cultural rebuke. Leave our hero alone, Freddie. That is all we ask of you. You do not see Black columnists using their columns to every “two morning” desecrate Cheddi Jagan, or Stephen Campbell or Peter D’Aguiar. Clean up your act in that regard,
Nobody wants to do what... From page 4 have time nor patience with clean process nor priority for clean governance. Does not matter. Could care less. Just declare us the winner. In this boiling cauldron, I am at a loss to understand how anyone, any group, could think that they stand a chance to rule efficiently and smoothly. Inclusive government is out, and any such messengers run the risk of being lined up against a wall in summary dismissal. Similarly, trusting the next man and the next side to do the right thing and immediately be open to reaching out to embrace the opposite people for some form of inclusion and reconciliation is off the table and out the window. This is what is at play under the surface currently, and for the longest while now. Still, there are those who clamour about winning and ruling happily ever after, as if this is just like old times. It is
not; “dis time nah lang time”. I go back to where I have always been: too much hate. Too much stubbornness. Too much selfishness. Too much lusting for power. Too much enmity and bitterness. Given what I have heard (from a distance) are the social media hate-mongers going to close up shop and go to church? Are the hardliners and extremists suddenly going to transform into doves and lambs? And just so that nobody gets any ideas, at this time in this society, everybody is a proud political hardliner and racial fundamentalist. After all this, I hear stirrings of reconciliation through immediate reaching out past declaration and swearing in which appear to be the most insurmountable of mountains. I regret that the time for that may have passed us by. “Dis time nah lang time”. Sincerely, GHK Lall
Freddie. Just leave Kwayana out of your nonsense. Let me leave Freddie with a quote from a mutual hero, the indomitable Walter Rodney, who Freddie tries everyday to turn into a Black token in service of non-Black narratives of insult against Black people: “Black Power is a doctrine about black people, for black people, preached by black people. I am putting it to my black brothers and sisters that the colour of our skins is the most fundamental thing about us. I could have chosen to talk about people of the same island, or the same religion, or the same class – but instead I have chosen
skin colour as essentially the most binding factor in our world. In so doing, I am not saying that is the way things ought to be. I am simply recognizing the real world – that is the way things are. Under different circumstances, it would have been nice to be colour blind, to choose my friends solely because their social interests coincided with mine – but no conscious black man can allow himself such luxuries in the contemporary world.” Rodney, our hero, according to your onedimensional characterization is very guilty. Freddie. You would excommunicate him from your congregation of
Rodneyites. That is another task you have when you visit us in Buxton for that much awaited speech on what Kwayana did when he was Sydney King— you will have to explain to them why your hero is just as one dimensional as others. And while you are at it Freddie, tell Buxtonians if you change your mind about whether Comrade Jagdeo practised “ideological racism” (systemic racism) when he held office. And why you asked a one-dimensional “racist” name David Hinds to be your expert witness. This story too sweet, my friend. After the election is over and your workload gets
lighter, we will still hang out and have a good laugh at how you let Mingo make you say weird things about your cherished Rodneyite friends and dash them out your church. Your Rodneyite church is now empty because you just expel the last two members on Tuesday. You have to recruit new members. Recruitment time—Comrade Bharrat, Comrade Ali, Comrade Priya, Brother Shuman and do not forget those statues of democracy you promised to build around Guyana. Soon full again, High Priest of the Rodneyite church—until your next mass expulsion exercise. David Hinds
More shameful and disgraceful pussyfooting is anticipated from the disgusted and disgruntled DEAR EDITOR, Guyana woke up yesterday, trembling with anxiety and patiently waited for 3PM to arrive to listen with rapid attention to the President of the Caribbean Court of Justice (CCJ), Justice Adrian Saunders, deliver his judgment on the appeal case brought by Mr. Bharrat Jagdeo and Mr. Irfaan Ali, et al vs Eslyn David. As all legal luminaries, sober minded and right thinking people in the world had expected, the CCJ ruled that it has jurisdiction to hear the case and in fact, the Guyana Appeal Court had no jurisdiction in that matter. What a slap in the face for the Appeal Court for a third time in a row! Three strikes and you are out as per the rules. The CCJ further surmised that since it had jurisdiction, it invalidated the Chief Elections Officer, Mr. Keith Lowenfield’s report that had sought to invalidate some 115,000 valid votes. The world was advising the APNU+AFC Party that the election was free and fair and the election recount was creditable which confirmed that the PPP/C had amassed some 15,000 creditable and valid votes more than them, thereby paving the way for Mr. Irfaan Ali to be legitimately elected as the new President of Guyana and for the PPP/C Party to occupy 33 seats and to invite them to form the new Government to rule legally for the next five years. Mr. Lowenfield’s report must confirm with the request and direction of the Madam Chair. Only the APNU+AFC Party, with the admirable exceptions of Mr. Dominic Gaskin and Mr. CN Sharma, refused to listen to the voice of reasoning and to their conscience but deliberately and callously ignored the confirmed and creditable recount
findings of the CARICOM Team and the OAS reports that confirmed that the PPP/ C won the election and that all the acclaimed irregularities were not meritorious because there were no evidence to substantiate their allegations and must be ignored as aspersions. To further rub salt in the wound, the reports described the willful interference of members of the APNU+AFC Party and certain members of the Election Commission who were engaged in the corruption and collusion to interrupt and interfere the smooth flow of the election process and to manipulate the correct counting procedure by inserting fictitious figures in order to increase votes for the APNU+AFC Party and decrease votes from the PPP/ C Party that will allow the Coalition Party to win the election instead. The next step perhaps is for the Chair of GECOM, Madam Claudette Singh to request the written report from the CCJ with its rulings so that the Election Commission can study it at their next meeting (if they have a quorum). More shameful and disgraceful pussyfooting is anticipated from the disgusted and disgruntled. How much more indigestion can Guyana tolerate? This has been their norm and way of life for the past two years. How will they react to the rulings of the CCJ and what will be their next unscrupulous move? Many national and international stakeholders, parties and individuals continue to call on Mr. Granger and his cabal to concede and accept the results of the election recount that clearly confirmed that the PPP/C Party enjoyed an overwhelming majority over the APNU+AFC party by some 15,000 valid and legitimate votes. This was not only clarified and verified by the
local electoral personnel but also witnessed and observed, one stage or the other by local stakeholders, GECOM, CARICOM, the ABCE Diplomats, OAS, the Commonwealth, the Carter Center, the media and others. The global community forewarned about sanctions, their applications and implications and the consequences that may affect all, directly and indirectly. The APNU+AFC has been called out by its own kit and kin, by many of its strong holders and ardent supporters and followers. Despite the glaring evidences ascertained by CARICOM pertaining to a free, fair and creditable election and a recount process, validating and upholding a PPP/C Party electoral majority of 15,000 valid votes over the APNU/AFC Party, the APNU/AFC continue to deny election fraud and refuses to accept defeat. In fact, the APNU+AFC Party went on an infamous campaign to besmirch the good name and credibility of CARICOM, distinguished heads of governments and dignitaries from the rest of the global community and accusing them of “foreign interference.” They even overstepped their boundary by not only trying to influence the CCJ’s decision but also of flagrant attempts to coerce and intimidate different and various diplomats and dignitaries from the international community and even those individuals whom they regarded as friends simply because they refused to be sympathetic to their reckless and illegal behaviour. When all is said and done, it’s still not over. There is still the need to deal with the spoilt little brat throwing tantrums, the child who wants to suck his toffee and still have it, the child who is still sulk-
ing and frowning because he lost the race, the little rascal who misbehaves in public, the mischief maker who spins a web of lies, the monster who breaks his old toy to have a new one, the cantankerous who twists everything around, the little scalawag who pinches from the old lady’s purse, the good-fornothing who hides behind doors, the little bully who wants to take away your pencil, the scoundrel who refuses to clean his mess, the crotchety who is always fretting, the irascible who doesn’t know the meaning of “no” and the unfortunate one who knows not who or what he is. But the accommodated stage is finally and carefully, lavishly prepared to cater for all the lighting fixtures strategically placed and, the sound equipment tested and arranged to avoid any static or feed-back that can distort clarity and volume. Only the very best is left for the ultimate last, and the compassionate nightingale still needs to vociferously serenade us commandingly with her polished eloquence of a culminated rendition that can synchronize with harmonious melody, sweetly and softly caressing a crescendo that is highly pitched to blend an opera’s scale, and stirringly ending with a rocking tempo that mixes a tango with the coolness of a waltzing jazz. When will this precious moment be? That is the question that the Guyanese public will sleep with on their minds. Will this translate to an early reality? Will the caretaker Mr. Granger allow the flow of justice to run a smooth course? Will he conclude that, that is the CCJ’s interpretation and not his? How should we prepare ourselves? Respectfully, Jai Lall
Kaieteur News
Thursday July 09, 2020
PAGE 07
CCJ ruling was “strong, clear, reasoned” - Jagdeo O
pposition Leader Bharrat Jagdeo, yesterday welcomed the ruling handed down by the Caribbean Court of Justice (CCJ), paving the way for the declaration of the results of the March 2, 2020 Elections using the valid votes from the National Recount. “ To d a y, w e a r e vindicated,” Jagdeo told the press during a virtual briefing “So we are extremely pleased that the Caribbean Court of Justice has set aside the decision of the Court of Appeal of Guyana.” The Appellate Court had ruled, in the Eslyn David case, that the Chief Elections Officer (CEO) Keith Lowenfield must determine the results of the election
based on a calculation of valid votes and that the phrase “more votes cast” in Article 177 (2) (b) of the Constitution must be construed to mean “more valid votes cast.” It was because of this ruling that the Opposition ventured to the Caribbean Court. “We believe from the beginning that the decision of the Court of Appeal was perverse, we argue that they lacked jurisdiction, that the Article that they used to infringe on other matters relating to the elections has nothing to do with the qualifications of the President. And therefore, they were acting outside of their jurisdiction”, he continued. Referring to the ruling
handed down by the President of the CCJ, Justice Adrian Saunders as “strong, clear and reasoned”, Jagdeo stated, “We are extremely pleased that they (CCJ) also set aside Lowenfield's report that had fraudulently disenfranchised over 115,000 persons. But in doing so, the President of the Court, reading out part of a summary of a unanimous decision, he pointed out how Lowenfield had acted unlawfully.” With the ruling, the Opposition Leader stressed that the CEO now has clear guidance to carry out his duty by preparing the final report using the figures amassed at the recount. Those figures show that the PPP won the March 2 Elections with 233,336 valid
votes while the incumbent A Partnership for National Unity + Alliance For Change (APNU+AFC) followed behind with 217,920 valid votes. But notwithstanding this, Jagdeo expressed concern on what would be the next move taken by Lowenfield. “The CEO has clear guidance now,” he said “let us see if he will continue to act unlawfully or in accordance with the guidance of the CCJ, a superior court.” The Opposition Leader explained taking into consideration that Lowenfield flouted the stay of the Appeal Court ruling and forged ahead with the preparation of his report using falsified figures; Lowenfield may act in a
Opposition Leader Bharrat Jagdeo “contemptuous” manner. “Lowenfield could be contemptuous since he has acted in such a brave manner before. He could act in contempt of court.”
He also noted the support from the international community throughout the process and stated that they must feel “vindicated” in their positions. Additionally, Jagdeo stated that the party remains hopeful that the Guyana Elections Commission (GECOM) will follow the clear guidance of the CCJ and move Guyana's fourmonth long electoral process to a “speedy conclusion.” He added, “I hope that APNU will not continue efforts to block the declaration and I hope that Granger listens carefully to the ruling so there would be no excuse for the shenanigans of his party members. You never know what APNU comes up with next.”
Police enforcers dispatched to hinterland's COVID-19 hotspots
T
he first batch of officers from the Guyana Police Force's Rapid Emergency Response Unit has completed training and is expected to be deployed to COVID-19 hotspots in the interior very soon. This is according to the Operations Director of the National COVID-19 Task Force Secretariat, Mark Archer. During a telephone interview with this publication, Archer said that the teams will be tasked with ensuring that all COVIDrelated guidelines are enforced. This particular batch will be strictly manning the hotspots primarily Regions 1 and 7, which remains the regions with the largest number of cases. The director explained that a decision was made to send the first batch of officers into these areas because of the current spike in cases seen in these districts and also because access to these areas are not as easy as access to the coastland in terms of training. This is also coupled with the fact that several of these interior locations are reportedly acting and living
The police force has sent in a special team of trained ranks to enforce the COVID-19 regulations in the hinterland areas
as per normal without adhering to the measures put in place by the Ministry of Public Health. He added that teams from this unit will be deployed countrywide to manage “social distancing, adherence to the curfew and safety guidelines”, among other measures outlined in the COVID-19 Order (Health Ordinace Act). In a recent virtual press conference, Archer stated that this unit will take the burden off of the police force, and will be able to focus solely on the enforcement of these guidelines without having to
tend to other enforcement issues. Speaking to Kaieteur News, Deputy Chief Medical Officer (DCMO) Dr. Karen Boyle, stated that these teams will assist the Ministry with stricter enforcement of these guidelines, since this is something that the Ministry is dependent on the police force for. The teams also comprise individuals from the Ministry of Public Health. C u r r e n t l y, a t e a m comprising personals from the Public Health Ministry, the Guyana Geology and Mines Commission (GGMC), the Civil Defence
Commission (CDC), the Ministry of Indigenous Peoples' Affairs, the Guyana Police Force (GPF) and the Guyana Defence Force (GDF), Regional Democratic Councils and Health Emergency Committees of Regions One and Seven are visiting these regions to engage residents and the mining community in a discussion about the current crisis facing Aranka, Region 7 and Moruca, Region 1. Medical personnel accompanying the visiting team is also conducting large scale screening in these areas. Further, in the most
recent COVID-19 notice put out by the Ministry on July 3, all mining operations were halted in Moruca, in Region One and Aranka/Aranguy
Landing,in RegionSeven. It also restricts travel to and from these areas. “No person shall travel into or out of the areas listed in the Schedule during the period 3rd July 2020 to the 16th July, 2020 without the authorisation of the Minister of Public Health,” the notice stated. There are also r e s tr ict i o n s o n p u b lic gathering with a limitation of five persons maximum. There is also a six feet social distancing requirement, sanitization of all public places including shops, landing, means of transportation and conveyances, and the wearing of masks when in public in the hinterland and mining communities.
Kaieteur News
PAGE 08
Thursday July 09, 2020
CCJ rules 5-0...
Lowenfield’s June ‘report’ * invalidated ** throws out Appeal Court’s decision
Lowenfield cannot disenfranchise thousands of voters
By Rehanna Ramsay
T
he Caribbean Court of Justice (CCJ), in a unanimous decision yesterday, rendered the decision of the Guyana Court of Appeal in the elections recount case invalid. The judgment was wrought by a five-member panel of judges inclusive of the Court's President Justice Adrian Saunders, Justice Jacob Wit, Justice Maureen Rajnauth-Lee, Justice Peter Jamadar and Justice Denys Barrow. As a consequence, the Guyana Elections Commission (GECOM) is
expected to meet 1:30 today to deliberate on matters related to the results of the March 2, 2020 Regional and General Elections.
RULING In a delivery of the decision lasting less than an hour, Justice Saunders told lawyers involved in the case that the majority decision handed down by the Appeal Court was made without jurisdiction and should therefore be set aside along with the Chief Elections Officer Keith Lowenfield's report that was based on it. He said that it is for, “GECOM to ensure that the election results are swiftly declared in accordance with
GECOM to meet 1:30pm today
the Laws of Guyana.” Added to that, he stated that it “is now for GECOM to ensure that the CEO submits a report in accordance with its directive of 16th of June in order to proceed along a path directed by the laws of Guyana.” That directive was from GECOM Chairperson Rtd. Justice Claudette Singh to submit the report in accordance with the elections recount results, which placed the PPP/C Opposition 15,000 votes ahead of the incumbent A Partnership for National Unity+Alliance For Change (APNU+AFC) coalition. Before Lowenfield
Court could live stream hearing, allow media representative to join virtually
T
he Judiciary of Guyana is now allowed to conduct live streaming of court hearings or allow a media representative to join the hearing virtually. These are precautionary measures for the court according to The Official Gazette of Guyana in light of the novel Coronavirus (COVID-19). The orders were gazetted on Monday June 22, 2020, under the title, “Practice Directions No. 2of 2020 –Remote Hearings Direction 2020 ...827.” The orders allow the court to consider options while preserving the principals of justice. While the Judiciary has suspended all in-person hearings and face-to-face operations to lessen the spread of Covid-19, the Gazette highlighted ways in
which the court should operate while allowing the public to be a part of the hearings. The information on the hearing could be made public by an official of the court who would provide an audio of the hearing and, if available, a video. Only in hearings of matters that media operatives have access to, the audio or video will be allowed to be made public. The court also has the option of allowing a media representative to join in the hearing virtually, by creating a virtual lobby or waiting room so that permitted participants like the; defendant, attorney, virtual complainant or media representative can be added to the hearing. The hearings can also be live-streamed if the court chooses not to use either of
the two first methods. However, the live stream can only be broadcast to the public after the authorization of a judicial officer is given. On March 23, 2020, days after Guyana recorded its first death and case of the deadly virus, the Judiciary gazetted orders which halted all in court hearings. The emergency COVID19 directions were later implemented and updated by notice on April 3, 2020 and then on April 5, 2020. The precautionary measures outlined were slated to take immediate effect and last for a period of one month, unless it revoked or extended by notice after an assessment of the current public health situation. With the new update to the e m e rg e n c y C O V I D - 1 9 directions, persons will not be allowed to attend court for any hearing.
complied with the directive, Sophia, Georgetown resident Eslyn David had approached the Court of Appeal in a Notice of Motion (NoM) questioning the credibility of the CARICOM-supervised GECOM recount She sought the Court's interpretation on a number issues, chief of which was whether the words “more votes cast“ in Article 177(2)(b) of the Constitution, when taking Order Number 60 of 2020 (establishing the Recount) should be interpreted to mean “more valid votes.” The Appeal Court had rendered a decision answering a single question posed by the applicant. The decision under Article 177(4) which purports the Court of Appeal's judgment is final. Despite a three-day stay in place, GECOM's Chief Elections Officer (CEO) of Keith Lowenfield submitted, one day after the decision, a report to the commission invalidating some 115,000 votes in favour of the A Partnership for National Unity+ Alliance For Change (APNU+AFC) regime. An appeal filed to the CCJ by the PPP/C 's Presidential Candidate Irfaan Ali and General Secretary, Bharrat Jagdeo, along with several adjoining small political parties who participated in the March 2, polls questioned of the Court's exclusive and final jurisdiction as it regards David's application. In the ruling yesterday, the CCJ President said that, based on the appeal, the Court determined two central questions: whether it has jurisdiction to hear and determine this matter; and, if so, whether the Court of Appeal rightly assumed and/or acted within the jurisdiction conferred by Article 177 (4) of the Constitution. According to the Judge, among the parties' submissions, there were two clear approaches: those supporting the Court of Appeal's assumption of jurisdiction under Article 177(4), thus making its decision final and unappealable to the CCJ; and those submitting that Article
177(4) was not triggered by Ms David's Application and calling for it to be set aside. CCJ'S JURISDICTION Given the question of jurisdiction raised by the parties involved, Justice Saunders said that the Court was tasked with first determining that issue based on the rule of law, applicable, constitutional, and legislative provisions crafted by the Guyana Parliament. In this regard, he expressed that the CCJ recognized that Article 123(4) of the Constitution gives Parliament the power to make the CCJ the final court of appeal for Guyana. According to Saunders under this authority, the Caribbean Court of Justice Act, Chapter 3:07 (“the CCJ Act”) was enacted, rendering the CCJ, the apex court for Guyana. He asserted that, “The CCJ Act, which implemented the Agreement Establishing the CCJ and gave it force in Guyana's domestic law, must guide the question of the CCJ's jurisdiction.” Citing a Barbadian case, the CCJ President stressed that the Court determined that the CCJ had jurisdiction to entertain Applications for Special Leave to appeal from any decision of the Court of Appeal in any civil matter. He added that “This power was to be juxtaposed, however, against Section 4(3) of the CCJ Act which provides that the court has no jurisdiction to hear matters from the Court of Appeal which were declared to be final by any law.” Justice Saunders held therefore that while the Court confirmed that Article 177(4) in the Guyana Constitution is such a law – Article 177(4) is also a carve-out of the exclusive jurisdiction over the issue of the validity of elections. He said therefore that Article 177(4) should be strictly and narrowly construed. Saunders said, “There was no doubt, that in instances where the Court of Appeal hears a question concerning the validity of an election of a President where the question depends on that
person's qualifications or the interpretation of the Constitution, that decision would be final and unappealable to the CCJ. He stressed nonetheless that, “If no such question arose, however, of if the validity of the election did not depend on a question of the qualification of the person or the interpretation of the Constitution, then the Court of Appeal would not have jurisdiction.” Saunders noted that David's case did not deal with such matters. “In such cases,” he continued, “questions about the validity of any elections must be referred to the High Court, under Article 163. And once the matter commenced in the High Court, it was appealable right up to this Court as the final Court of Appeal.” As such, the Judge expressed that the CCJ determined and re-affirmed its duty as Guyana's final court of appeal to ensure adherence to the Constitution. In all the circumstances, he noted that the CCJ given the constitutional implications and the public importance of this case, granted special leave to Ali and Jagdeo to argue the appeal. DECISION NOT FINAL In addressing the merits of the appeal, the Judge said that Court that is exclusive jurisdiction of the High Court under Article 163, to determine, among other matters, any question in relation to whether an election has been lawfully conducted, was unaffected by GECOM's Recount Order 60 . He explained that “Similarly unaffected was the National Assembly (Validity of Elections) Act (“the Validity Act”) which provides the method of questioning the validity of an election through the filing of an election petition. The Validity Act set out that such a petition must be presented within 28 days of the publishing of the election results and that the High Court had the power even to order a fresh election in (continued on page 18)
Kaieteur News
Thursday July 09, 2020
PAGE 09
The APNU+AFC's attack on regional integration
C
ARICOM Day was celebrated in the most shocking of manner in Guyana on Monday, July 6, 2020. On that d a y, s u p p o r t e r s o f APNU+AFC did the unthinkable; they launched lamentable protests against the Caribbean Court of Justice (CCJ), an institution of the Caribbean Community. Guyana is one of only a handful of countries in the region, which observes CARICOM Day as a national holiday. Many of the Caribbean states do not give such high recognition to the celebration of CARICOM Day. This sets Guyana apart from the rest of the region and demonstrates the depth of both the PPP/C and PNC/R governments' support for regional integration. Forbes Burnham, the founder-leader of the People's National Congress, is considered as one of the forefathers of Caribbean regional integration. He was instrumental in the establishment of the Caribbean Free Trade Area (CARIFTA) and later the Caribbean Community (CARICOM). He hosted the first ever Caribbean Festival of Arts (CARIFESTA) in Guyana in
1972. He pressed and succeeded in having the CARICOM Secretariat located in Guyana. CARICOM's greatest success stories have been the institutions, which it created. These include the Caribbean Examinations Council (CXC) and the Caribbean Court of Justice. Forbes Burnham was among the foremost proponents of replacing external examinations by a regional examination. He therefore fully supported the establishment of the CXC. So too did his party, the PNC/R which is the main party in the A Partnership for National Unity (APNU). It is therefore shocking and disappointing that, in its naked grab for power, the PNC/R has not rebuked its supporters for daring to discredit the CCJ to the point of even suggesting that Guyana is a sovereign state. As Kamal Ramkarran pointed out, on Tuesday night on the Room 592 show on Kaieteur Radio, the CCJ is a Guyanese Court. It is Guyana's highest court. The Revised Treaty of Chaguaramas under which the CCJ was established was incorporated into Guyana's domestic law. The Caribbean Court of Justice Act was passed in the National
Assembly in 2004. The PNC did not oppose the establishment of the Court nor indicate any opposition to the Bill. The proposal for a regional final court of appeal emerged out of the report of the West Indian Commission. Titled, 'Time for Action', the report made a case for a regional court. It said, “We believe a Caribbean Supreme Court manned by distinguished West Indian jurists and in which litigants have confidence, is likely to attract a larger number of appeals from countries of the region than the Privy Council now does. Its k n o w l e d g e a n d understanding of regional problems, language, and culture, coupled with its identification with the very ethos of the Caribbean Community…The importance of these attributes in the judicial lawmaking process is not to be o v e r l o o k e d o r underestimated.” Guyana, unlike other countries in the Caribbean, was able to overcome the constitutional hurdles towards recognition of the Court. A smooth process of recognition was achieved because the Caribbean Court of Justice enjoyed the support of both the PPP/C
Dem boys seh...
Couple of dem visas done get tek away
A
n old Chinese man once wisely t o l d h i s neighbour: “Nah look through me bedroom window. Bedroom story ah me private and personal business.” Dem boys share de same belief. Wha happen between a man and a woman in de bedroom must remain between de sheets. If wha happen between man and woman meet a stage wheh de law get break, den de proper ting fuh do is to let de law tek its course. But dem boys seh allegation is nat de basis fuh condemnation. Dem boys nah going down dah road. D e Wa t e r f a l l m a n employ wan man name RueL. A young lady come forward and mek some allegations against de man. De Man wah name Rue-L
seh dat some ting wha talk is fiction. Dem boys rememba dat he bin write a book called 'Fictions'. Dem boys also know dat dem gat some people who trying to pick up fire rage fuh get at Rue-L. Dem boys feel dat some of dem at the Big Market paper and de Kranicle known as 'De Rag' want get at Rue-L because he tek wuk at the Waterfall paper. Dem boys feel dat some ah dem newspapers gat axe fuh grind. But dem boys also know dat some of dem gat more skeleton in de cupboards dan wares. Dem ask de boss of de Waterfall paper about de allegations. Dem try fuh promote Rue-L to editor. De boss man had to correct them. Then he tell dem dat he believe dat bedroom story is personal and private but if
there is anything which warrant police story, then the law should take its course. De Kranicle known as 'De Rag' twist wha de boss man tell them and report how he seh dat he nah gon knock off Rue-L. Dat alone expose dem agenda. Dem nah interested in de truth; dem interested in sinking Rue-L. Dat is why dem boys shame. Dem hear from de grapevine dat orders done come down for de visas of about a dozen to get revoke. Is na only big ones. Is also a few of dem who deh talking whole day pon Facebook and trying to change de narrative and riling up de people. But according to dem boys, de writing done deh pon de wall. Next stop is jail. Talk half and wait fuh see who next gon pick up de fire rage.
and the PNC/R. The PNC/R ought to be ashamed of itself. To think that it boasts about its commitment to regional integration, yet would allow a partnership, with which it is associated, to openly disparage the CCJ on the flimsiest of grounds, is an indictment of the degree of political opportunism within the APNU+AFC. It contends that for the CCJ to oppose a decision of the Guyana Court of Appeal intrudes on Guyana's s o v e r e i g n t y. T h i s i s confounded nonsense. The CCJ is not intruding on Guyana's sovereignty. It is not an external court. Guyana consented to its jurisdiction. Some of those protesting had the temerity to say that they would not accept any decision of the Caribbean Court of Justice, which goes against the Court of Appeal.
Well, the CCJ also ruled in the past against the Guyana Court of Appeal. It rejected the Court of Appeal's ruling in the third-term case. It was the same CCJ which is now being attacked which struck that decision down. Do the supporters of the APNU+AFC want to revert to the original Court of Appeal decision of that case? This would mean that Bharrat Jagdeo would be allowed to run for a third-term as President? It was a dark day for Guyana to see persons protesting the CCJ even before it had ruled in the Eslyn David case. And the only reason why the CCJ was being picketed was because the supporters would have been led to believe that a ruling would not have supported APNU's position in the case. An advertisement was
p l a c e d i n a Tr i n i d a d newspaper, which was interpreted within the region as an attempt to intimidate and influence the CCJ. The protests, occurring almost at the same time, could have been similarly interpreted as constituting a threat to the CCJ by suggesting that if it ruled in a certain way, Guyana would withdraw from the CCJ. It is utterly disgraceful that the PNCR's longstanding commitment to regional integration and to the regional court, the CCJ, could h a v e b e e n s o contemptuously sacrificed on the altar of politics. (The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)
Kaieteur News
PAGE 10
Thursday July 09, 2020
THE FREDDIE KISSOON COLUMN
Stupid, ignorant politicians who think they can intimidate the world
I
t was obvious, even to a moron, the APNU and AFC were trying to intimidate the EU Ambassador, American Ambassador, Canadian High Commissioner, British High Commissioner, Former Jamaica PM, Bruce Golding; former Barbados PM, Owen Arthur; current CARICOM prime ministers, Ralph Gonsalves and Mia Mottely and two days ago, the Caribbean Court of Justice judges. It was not only the leaders of APNU and AFC that were
trying scare tactics on the actors identified above. They had their surrogates three of which became infamous for their defence of rigged elections – David Hinds, Henry Jeffery and Lincoln Lewis. More on these surrogates later, especially the mediocre, propagandistic scholarship of Jeffrey. Let us see what happened after these bullying attacks were employed. Yesterday, Britain, the EU, Canada and the US reaffirmed their commitment to the result of the CARICOM recount. So
the bully boys didn't frighten these people. The APNU+AFC leaders and their surrogates got their misguided supporters to defy the danger of CIVID-19 and stage picket exercises in which derogatory words about the CCJ were scrawled on their placards. They also took out a full page advertisement in the Trinidadian Guardian in which they hoped to scare the CCJ jurists. The CCJ ruled yesterday against them. What kind of ignoramuses dwells within the sand castles of the APNU+AFC? Why these 10th rate banana republic autocrats from a 10th rate Third World country feel that they can use fear tactics against the ambassadors of some of the major powers in the world? Putridity and fetidity are mild words to use for such behavioural display. There have to be more relevant nouns.
All eyes from today should be on one particular commissioner, the so-called Rodneyite, Desmond Trotman. R e m e m b e r Tr o t m a n wrote an epistle in the papers two weeks ago in which he informed Guyanese that when David Granger was smitten by him and asked him to serve as a GECOM Commissioner, his party, the WPA issued a statement congratulating him and stated that it will not support rigged elections. Trotman and the WPA are barefaced creatures whose shamelessness since March 4 when Mingo became Dracula is on show for the world to see. But let us try to see with Trotman. After all the man said he thinks he is acting in a way that Walter Rodney would approve. Well the CCJ has ruled that GECOM itself and Lowenfield cannot alter the CARICOM recount. Only the courts through a
successful election petition can do so. So we have now come to the end of Desmond Tr o t m a n ' s b u ff o o n e r y. Guyana's final court of appeal has ruled that the CARICOM recount must be adhered to by Lowenfield. So what Guyanese are expecting is that when GECOM meets Lowenfield must present the vote count as cleared and pronounced upon by the CARICOM team. This should bring an end to the psychosis that Trotman and his colleagues helped contribute to since March 4. So what Guyanese are predicting is that there is going to be a statutory meeting of the GECOM within days. Now here is what I predict will happen. When the meeting is called, Trotman and the other two PNC commissioners (don't let Trotman fool you, he is a de jure and de facto PNC commissioner) will not turn up. Claudette Singh will summon another meeting in which you don't need a quorum. Only Trotman from the PNC side will turn up. Why? Because he says he does not involve himself in rigged elections. The four commissioners and Singh will then instruct Lowenfield to submit a report for the votes allotted in the CARICOM recount.
Frederick Kissoon Now reads this. I am afraid, I am just being provocative. Lowenfield isn't going to turn up. Remember he submitted his report that he said was based on the judgement of the two Court of Appeal judges two days after that ruling. Well, will he do the same now that the CCJ has ruled? The answer is no. Lowenfield isn't going to show up. And Trotman is no Rodneyite. Trotman is a PNC commissioner deeply involved in the plot. So my bet is that this thing is not over by a long way. Trotman and his two other plotting PNC commissioners will not adhere to the CCJ ruling. Lowenfield will disappear. The PNC and the AFC will remain in office and they will cite some legal technicality. That route will take us to court again. My advice to Guyanese is not to expand their optimistic smiles. These riggers aren't going anywhere. They will have to be forced out. They will eventually be forced out. I hope I am wrong but you are dealing with monsters. (The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)
Thursday July 09, 2020
Kaieteur News
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Kaieteur News
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Thursday July 09, 2020
Western diplomats meet Foreign Affairs CCJ's decision has Minister to discuss 'mutual interest' reaching impact for Guyana's democracy - Irfaan Ali
Minister of Foreign Affairs, Dr. Karen Cummings, meeting with the diplomats yesterday
T
h e We s t e r n country diplomats met yesterday with the Minister of Foreign A ff a i r s , D r. K a r e n Cummings, reportedly stressing the need for adherence to results of the recount. Present at the meeting were High Commissioner of Canada, Lilian Chatterjee; High Commissioner of the United Kingdom, Greg Quinn; Ambassador of the
United States, Sarah-Ann Lynch; and Ambassador Extraordinary and Plenipotentiary of the European Union (EU), Fernando Ponz Cantó. The meeting would have come hours before a critical ruling of the Caribbean Court of Justice which struck down a Court of Appeal majority decision on the March 2 elections. There has been increasing calls from local and international
organisations, and a number of countries including from the A, B, C and EU countries to get the issue over and done with. Late last month, the countries had noted in a statement that the report of the CARICOM observer team for the recount of the votes. It was pointed out then that the observers had said that, “nothing we witnessed warrants a challenge to the inescapable conclusion that
the recount results are acceptable and should constitute the basis of the declaration of results of the March 2, 2020 elections.” The diplomats had also said that elections results are long overdue and that they recognize the patience and peacefulness displayed by the people of Guyana: “Pending the outcome of the appeal by the CCJ, we trust GECOM to meet the constitutional duty to issue a declaration on the basis of the results of the recount as confirmed by CARICOM, to ensure the democratic choice of the people fulfilled.” Yesterday, the Ministry did not disclose much detail about the meeting except to say that there were discussions about “areas of mutual interest to their respective states”.
Below the statement of Dr. Irfaan Ali: I have listened keenly to the summary of the judgment of the Caribbean Court of Justice and salute not only the Court's judgment but its commitment to free, fair and independent judgments. No doubt the Court's decision has a reaching impact for democracy not only in Guyana, but in the entire Commonwealth. The Court has made Guyana and indeed the entire of CARICOM proud in its swift delivery of a clear and cogent judgment. While the Court's decision will be embraced by many and similarly met with disappointment by others, we cannot ignore that Guyana faces significant economic and health concerns which we all need to immediately address as a
united country. Each and every one of us has a duty as Guyanese to move Guyana forward and I reaffirm my commitment to all of Guyana to ensure that we retake our place as a respected and celebrated democracy where each every citizen, regardless of background, can have an equal opportunity to enjoin all that our beautiful country has to offer. I offer a special thank you to all the political parties for their commitment to respect the legal process, their participation and legal representation. I also thank our supporters and well wishers, and a special thank you to our outstanding legal team who acted with considerable alacrity and professionalism in leading us to this victory and Guyana once more on the path of democracy.
Thursday July 09, 2020
Kaieteur News
PAGE 13
IT’S TIME FOR LOWENFIELD TO RESPECT THE LAW REPORT TO REFLECT RECOUNT NUMBERS
“It is for GECOM to ensure that the CEO submits a report in accordance with its directive of 16th June in order to proceed along a path directed by the laws of Guyana,”
Hon. Justice A Saunders of Justice President - Caribbean Court
Kaieteur News
PAGE 14
Thursday July 09, 2020
One dead, several injured as Banks shed collapse
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building located within Banks DIH warehouse compound, located at Ruimveldt Industrial Site, came crashing down yesterday on several employees of a construction company. As a result, one person died with another in critical condition. Three others escaped with minor injuries. The dead man has since been identified as Jagmohan Bissessar while his colleague who is said to be in a critical condition is said to be Anthony Lowe. The incident occurred at around 13:00hrs while a demolition exercise was being carried out by workers attached to an entity said to
Paramedics entering the compound to remove the injured
The remains of the collapsed building
be Home Designs Engineering Associates. Investigators are unclear as to what caused the building to collapse.
Nevertheless, in a video footage seen by this publication, the building, which appeared to be that of large shed, collapsed without
warning. The employees tried their best to escape but the pillars, which supported the building collapsed so
quickly that Bissessar and his colleague, Lowe, were trapped and quickly covered by the rubbles. The three others, who were also under the shed, managed to escape but not before receiving injuries. C o n t a c t w a s immediately made with the nearest fire station which responded by sending fire fighters to the scene. An ambulance arrived shortly after. Fire fighters cordoned off the area and began their rescue mission by ripping through zinc sheets and other debris to remove the trapped men. They were assisted by paramedics who pulled the
unconscious employees from the collapsed building and transported them to the waiting ambulance. They were taken to the Georgetown Hospital. Another ambulance came later and also transported those with minor injuries to the hospital. Investigators began their work and ordered all employees in the compound to stop work and leave the compound because of safety concerns. About an hour later, one of the officials on scene received a phone call from the relevant authorities notifying him that one of the men who was buried under the shed had passed away.
US, Canada pile pressure on GECOM to make Recount Declaration
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he US State Department has supported the ruling handed down by the Caribbean Court of Justice (CCJ) in the Jagdeo, Ali et al appeal case and called on the Guyana Elections Commission (GECOM) to declare the winner of the March 2, 2020 Election using the recount figures. Acting Assistant Secretary for the US Department of State's B u r e a u o f We s t e r n Hemisphere Affairs, Michael Kozak, tweeted yesterday: “The @CaribbeanCourt had ruled. It is time for #GECOM to declare the winner of Guyana's election based on the national recount vote.” Kozak stated that “The will of Guyana's voters cannot be ignored.” The recount figures show that the opposition People's
Progressive Party (PPP) won the March 2 polls with 233,336 valid votes while the incumbent A Partnership for National Unity + Alliance For Change (APNU+AFC) Coalition trailed behind with 217,920 valid votes. Those figures saw a recount, which tipped in the opposition's favour, and as such, Dr. Irfaan Ali as the country's next president. It has been more than four months since the elections with Guyana in limbo and facing the negative impacts of COVID19. Joining Kozak yesterday was Michael Grant, Canada's Assistant Deputy Minister for the Americas. He noted the important ruling yesterday from the CCJ in a tweet. “It's time for the election results to be announced by #GECOM based on the recount. No more delays.”
Kaieteur News
Thursday July 09, 2020
PAGE 15
Single mother pleads with CDC assesses damage, flood-hit public for assistance after freak communities- following freak storm storm leaves her homeless
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Roopranie Latchminarine examining the damage to her house. Photo courtesy of Big Smith News Watch
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4 7 - y e a r- o l d single mother of four from Berbice is pleading with the public for assistance after heavy winds and rain completely destroyed her h o m e o n We d n e s d a y morning. R o o p r a n i e Latchminarine, of Section B, 67 Village told Kaieteur News that the incident occurred during the wee hours of the morning. She revealed that at the time of the incident, she was at home with her youngest son. “Me and me son been sleeping when the big rain started falling and the breeze been blowing hard when all I hear is crack crack,”
Latchminarine recalled. The distressed woman noted that after hearing the loud sound, her son quickly got up to investigate when he discovered that the house h a d f a l l e n o ff o f i t s supporting beams damaging all of her belongings in the process. Latchminarine said that she depends on public assistance for survival since she is unable to work for a living due to a medical condition. The woman noted that her eldest son, now deceased, was the main breadwinner of the home after her husband died some 13 years ago. “After me big son died, I had to depend on the public
assistance but now that my small son is about to finish school, I don't know what I will do,” the woman stated. Latchminarine is requesting assistance in any form from the public since she has no place to live or any other source of income. She noted that her youngest son, 17-year-old Romel Richard, is set to write the Caribbean Secondary Education Certificate (CSEC) examinations on July 17. She explained that although she is very saddened at what took place, she is grateful that she and her son escaped with no injuries. Persons desirous of assisting can contact them on mobile # 592-602-4571.
he Civil Defence Commission (CDC), through the National Emergency Monitoring Systems (NEMS), yesterday conducted assessments of damage that occurred due to high winds and heavy rainfall reported across the coast of Guyana. In what is being termed a freak storm, the heavy winds started around 03:00hrs and lasted to after 06:00hrs. Some parts of the coastland also experienced a power outage during this time. According to CDC's Senior Response Officer, Salim October, Regions 1,2,3,4, 5 and 6 were affected by these high winds. He added that two teams were dispatched to Regions 3 and the lower East Coast area which were deemed most affected. Speaking to Kaieteur News, the officer said that fortunately the damages were not as severe as expected. However, several yards were flooded but it was observed that the waters were quickly receding and there were damage to public utilities and infrastructure and a few homes. He further explained that the CDC was able to conduct its assessment with the assistance of the Regional Disaster Response Management Services (RDRMS) which is collaboration between several agencies including the municipalities and the Neighbourhood Democratic Councils (NDC).
Scenes from the aftermath of the heavy rains
Additionally, October noted that slight damage to mostly roofing related were contained and repaired by residents themselves. Among the homes reported damaged were three households in Region 4, in Vryheid's Lust, Success and Lamaha Park and two in Region 2 at Westberry and Line Dam, Queenstown on the Essequibo Coast, one in Region 7, and one in Region 6. In terms of public infrastructure, the
commentator's booth at Uitvlugt Community Centre ground collapsed while live wires were burst from main poles to private homes at De Groute, Region 3. October also pointed out that the Guyana Power & Light Corporation (GPL) is working to rectify this situation. As it relates to Bartica, there is severe flooding in some areas and RDRMS will continue to monitor the situation with support from CDC.
Police thwart arson attempt on Suddie Magistrate's Court Burnt Magistrate's chair
Partially damaged prisoner's dock
P
olice ranks attached to the Suddie Police Station, on the Essequibo Coast, managed to control and put out a fire that was set in the Suddie Magistrates Court earlier this morning. Based on information reaching Kaieteur News, the
fire was set sometime around 4:00 hrs this morning. Reports are that the perpetrators used a chisel to pry open the back door of the courtroom, which is located at the upper flat of the building. Based on information sourced by this publication, a carpet was soaked in kerosene
and then used to start the fire. In the blaze, the Magistrate's chair was completely burnt out, and the prisoners dock was partially destroyed. Police ranks said that they heard a loud sound, after which they saw smoke emanating from the courtroom. Officers gained
swift entry through the already pried opened door, and managed to contain the fire with a bucket brigade. No further serious damage was done to the inside of the courtroom. Kaieteur News understands that there is no suspect in custody at this time. Though there is a guard
hut in the Magistrate's Court Compound, there is no evidence that a guard was stationed there at the time of the fire. Investigations behind
the arson attempt are still ongoing. The chisels used to pry open the doors have been recovered, along with a few bottles of kerosene.
PAGE 16
Thursday July 09, 2020
Kaieteur News
Small parties want swift declaration of recount results - Wary of sustained attempts to prolong process
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Several small parties have come forward expressing the need for the course of justice to move forward with a swift declaration of the elections results as certified by the national elections recount. While they welcomed the decision of the Caribbean Court of Justice (CCJ) on the recount case, the statements by their various leaders indicate that they are wary of further attempts to prolong the already protracted electoral process. The ruling of the Caribbean Court found that the Appeal Court ruling of June 22 was invalid as the Court lacked the jurisdiction to adjudicate on the recount case in the manner it purported to. Since Chief Elections Officer Keith Lowenfield had premised his report which sought to invalidate about 115,000 valid
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votes, purportedly on the ruling of the Court of Appeal, the Caribbean Court has consequently opted to invalidate the CEO's report, effectively paving the way for GECOM to move forward with a declaration of the results of the recount. Those results show that the People's Progressive Party Civic (PPP/C) has won the General Election by 15,416 valid votes. A meeting of the Guyana Elections Commission (GECOM) is set for 1:30pm today. Presidential candidate of the Liberty and Justice Party (LJP) Lenox Shuman addressed the public in a Facebook live stream last night, following a statement from the party, which thanked the legal team that represented the three parties, which contested the March polls with joined lists. The team included Ralph Ramkarran and Timothy Jonas of A New and United Guyana (ANUG). They represented ANUG, LJP and the third party to the joinder, The New Movement (TNM). The LJP called on the public to act in a manner that reflects the peaceful nature of Guyanese society, and called on all constitutional and political actors to respect the ruling of the Court. Particularly, the candidate called for a swift conclusion to the process, which reflects the will of the people in a declaration of the results of the recount. He said that he has confidence in the GECOM Chair, Justice Claudette Singh to bring the matter to a lawful close. The CEO, Shuman said, has to now prepare the report of the results in line with the instructions of the Chair of GECOM. The urgency of this matter, he said, is predicated by strong language from Guyana's international partners, the Organisation of American States (OAS), the Caribbean Community (CARICOM), the Commonwealth, and the western diplomats representing America, Britain, Canada and the European Union, who have all called for a resolution to the elections which reflects the will of the people. Particularly, the US Secretary of State, Mike Pompeo had notified the public that he has in-
LJP Presidential Candidate, Lenox Shuman structed officials in the US State department to hold those accountable who undermine Guyana's democracy. Shuman said that such penalties would soon reach persons like David Granger and Joseph Harmon. In light of this, he called on the police and the military to act professionally, and has called on the Guyanese public to inform themselves about the ruling of the Caribbean Court so they would not be misinformed by political actors who would seek to do so. Jonas, who isANUG's Chair, in Facebook posts pointed to aspects of the Caribbean Court's ruling which he appeared to endorse as they affirmed his view on the process; that the allegations of irregularities made by the coalition are to be dealt with in an elections petition by the High Court, on whichArticle 163 of the Constitution confers exclusive jurisdiction to adjudicate. Jonas rejected any insinuation that GECOM still needs to determine the allegations made by the Coalition. In that regard, he raised concerns about President David Granger putting a spin on the CCJ's judgment, as Granger following the ruling told supporters outside of State House that the Court gave no coercive orders and that GECOM must now decide what to do, drawing attention to the Coalition's allegations of voter impersonation.
ANUG Chair, Timothy Jonas Jonas said categorically that the Chief Elections Officer is not free to give his own determination of valid votes, and pointed to aspects of the Caribbean Court's ruling which affirmed this view. Chair of Change Guyana, Nigel Hinds also made a strong call for the will of the people to be respected, and urged the APNU+AFC Coalition not to assume a dictatorial hold over government as it moves forward. The protraction of the matter, Hinds said in a video message forwarded to Kaieteur News, was purposefully meant to frustrate, delay, deny and waste the time of the Court so as to prolong the disenfranchisement of Guyana's electorate who voted by majority for the PPP/C. It is time, Hinds said, for the Chair to exercise her constitutional authority and make a declaration forthwith. “We have circled the wagon for far too long,” Hinds stated, “GECOM has irredeemably tarnished the institution, and we cannot continue along this path.” If the coalition is left to its own, Hinds indicated, Change Guyana is not convinced that the CCJ's ruling alone will result in the Coalition conceding power. Like the others, Hinds called on the international community to be fervent in its pressuring of the Coalition Government to ensure it respects the will of the people.
Suspect killed after shootout with... From page 3 confronted Easton on Monday about tying the horse in front of their home. An argument occurred between the two and the woman related the matter to her husband (suspect). The suspect took out his gun and ordered Easton to remove the horse or be killed. Easton willingly obeyed and moved his horse a little further away. However, it seems that this was not enough and Easton was murdered the following
day when he returned to feed his horse. Eyewitnesses said that the suspect walked up to Easton and appeared to have confronted him before shots rang out. They claimed that the suspect took out a handgun and fired at his victim three times. The victim reportedly turned and tried to run away but collapsed a short distance away. The suspect then fled the scene on a bicycle. The matter was reported and the police had begun the hunt for the suspect.
Details later emerged that the suspect was no stranger to the law and was only recently released from prison after serving time for car-jacking and multiple armed robberies. Nevertheless, angry residents who saw what had transpired decided to take matters into their own hands and torched the suspect's wooden home. They had even attacked his mother who was reportedly had to be rescued by police.
Thursday July 09, 2020
PAGE 17
Kaieteur News
FULL SUMMARY OF CCJ RULING ON GUYANA ELECTIONS RECOUNT CASE The summary read by Justice Adrian Saunders President of the Caribbean Court of Justice: It is a matter of considerable concern to the people of Guyana that, although General and Regional Elections (‘the Elections”) were held as long ago as 2 March 2020, to date, the results of the Elections have not been declared and the President and members of the National Assembly have not been appointed. The Constitution, which declares that it is the supreme law, professes the Cooperative Republic of Guyana to be a democratic sovereign State. Elections that are free and fair are the lifeblood of any true democracy. All arms of state, whether legislative, judicial, or executive, are subject to the normative, enabling, and limiting jurisdictions, powers, and responsibilities that are constitutionally legitimate. This Court is acutely conscious of the great importance of these proceedings and our own ultimate responsibility to safeguard and uphold the provisions of the Constitution and the high constitutional values contained in the Preamble to that instrument. The central questions that have been placed before us are: whether a) this Court has jurisdiction to hear and determine this matter, and if so, whether b) the Court of Appeal rightly assumed and/ or acted within the jurisdiction conferred by Article 177 (4) of the Constitution. We determine these issues based on the rule of law, the full extent of the jurisdiction vested by the Parliament of Guyana in all the courts serving that country and our appreciation of the applicable constitutional, legislative, and legal provisions. After the elections were held in Guyana 2 March 2020, the Guyana Elections Commission (GECOM) decided to recount the votes cast in all ten administrative regions. To facilitate the recount, GECOM issued Order No. 60 of 2020 which was Gazetted and dated 4 May 2020 and later amended by Order No. 69 of 2020 dated 29 May 2020 (Order 60). Order 60 was aimed at a transparent recount process. To this end it embraced a variety of measures. For example, at each “workstation” where recounting was to be carried out, there was to be installed a picture of the ballot box depicting the state in which it was
delivered to the workstation and an audio feed of the recount process. An audiovisual facility was established in t h e Ta b u l a t i o n C e n t e r, broadcasting live the entire tabulation process. Order 60 carefully set out how the process should unfold. Paragraph 12 of the Order required the Chief Elections Officer (CEO) to tabulate the matrices containing the Statements of recount of the ten electoral districts and submit to the Commission a report together with a summary of observation reports for each District. During the recount process, Mr Joseph Harmon, an Election Agent of the APNU/AFC alliance wrote several letters to GECOM alleging anomalies, irregularities, voter impersonation and fraud. On 13th June the CEO submitted his report. He indicated votes that were cast and counted for each List of Candidates, but he also drew attention to what he considered to be widespread irregularities. He took it upon himself to indicate that votes contained in any ballot box in which he found an irregularity should be subtracted from the total votes cast and previously counted. It was his assessment that it could not be ascertained that the results for the Districts met the standard of fair and credible Elections. On receiving this report, the GECOM Chairperson conferred with the GECOM Commissioners and announced publicly that some of the allegations set out in the CEO’s report were serious, but the Commission did not have the machinery to adjudicate them. The Commission, she noted, lacked the powers of a Court of Law to examine and re-examine witnesses or to procure official documents to determine the truth of the allegations. The Chairperson pointed out that the Constitution had vested in the High Court an exclusive jurisdiction to determine the legality of an election and the Commission could not arrogate onto itself the power to annul elections. By letter of 16 June, the Chairperson accordingly directed the CEO to prepare and submit his report by 1:00PM on 18th June, 2020 using the results of the recount. Before the CEO could comply with this request Ms Elsyn David launched
these proceedings by an Application to the Court of A p p e a l . M s . D a v i d ’s Application sought to invoke the Court of Appeal’s jurisdiction under Article 177(4) of the Constitution. Decisions of the Court of Appeal under that Article are final and cannot be appealed to the CCJ. The Application challenged the credibility of the count by GECOM under Order 60. Ms David requested an interpretation of the phrase “more votes are cast” in Article 177(2)(b) of the Constitution and she asked the court to restrain the CEO from complying with the GECOM Chair’s Direction without GECOM first determining the credibility of the Elections under Order No. 60 and s 96 of the Representation of the People Act. Her Application was premised on the notion that Order 60 created a new and completely different legal regime, that GECOM had abdicated its responsibility to determine the election’s credibility and that the Chairperson’s direction to the CEO required that official to commit an illegality. The Court of Appeal heard Ms D a v i d ’s Application on 20 June 2020 and, commendably, on 22 June 2002 delivered its judgment (‘the Decision’). A critical issue was whether the Court of Appeal possessed the jurisdiction to hear Ms David’s Application that is whether the Application properly fell under Article 177(4). By a majority, the court held that it did. Justice Reynolds found that a new election regime had been created by Order 60 and that the Constitution established separate elections for the National Assembly and the President. Justice Gregory found that Order 60 had sufficient force to impact the words in Article 177(2)(b) of the Constitution. Both judges agreed that the words in Article 177(2)(b) of the Constitution, “if more votes are cast in favour…” must be interpreted to mean ‘if more valid votes are cast in favour’. [In a dissenting opinion, Justice Persaud held that the Court of Appeal did not have jurisdiction to hear the Application as Parliament had not made any provisions giving effect to Article 177(4) and no genuine question was raised concerning the validity of the election of the President. He also held that the Application was premature as
no President had as yet been declared to have been elected. It was his view that the High Court had the exclusive jurisdiction to determine the validity of an election pursuant to Article 163 of the Constitution. Although the Court of Appeal granted a stay of its judgment for three days, the CEO, on the day following the delivery of the judgment, submitted another report to GECOM. In this report, which he based on the Court of Appeal’s decision, the CEO invalidated votes he determined were invalid. This amounted to the exclusion of over 100,000 ballots previously counted and certified as valid during the recount process. On 23 June 2020, Messrs Ali and Jagdeo applied to this Court for special leave to appeal the Court of Appeal’s decision. Given the urgency of the case, it was decided that the hearing of this Special Leave Application and, in the event special leave were granted, the merits of the appeal, should be heard together. We gave permission for all parties, including all political parties who contested the Elections that were not already part of the proceedings, to make written and oral submissions to us on the following broad issues: (i) Whether the Court of Appeal had jurisdiction to entertain Ms David’s Application; (ii) If the Court of Appeal lacked jurisdiction, what is the consequence in relation to this proposed appeal; (iii) If the Court of Appeal rightly assumed jurisdiction, what is the consequence in relation to this proposed appeal; and (iv) If the Court of Appeal rightly assumed jurisdiction but they exceeded their jurisdiction, what is the consequence in relation to this proposed appeal. Among the parties’ submissions, two clear approaches were discernible: those supporting the Court of Appeal’s assumption of jurisdiction under Article 177(4), thus making its decision final and unappealable to this Court and those submitting that Article 177(4) was not triggered by Ms David’s Application and therefore this Court was entitled to set aside the Court of Appeal’s decision as not having been made under Article 177(4). This court first recognised that Article 123(4) of the Constitution gives Parliament the power to make the CCJ the final court of appeal for Guyana. Under this authority, the Caribbean Court of Justice Act, Chapter 3:07 (“the CCJ Act”) was enacted, rendering this court the apex court for Guyana. The CCJ Act, which implemented the
Justice Adrian Saunders President of the Caribbean Court of Justice Agreement Establishing the CCJ and gave it force in Guyana’s domestic law, must guide the question of the CCJ’s jurisdiction. Citing the Barbadian case of Barbados Rediffusion Service Ltd v Mirchandani, the Court determined that the CCJ had jurisdiction to entertain Applications for Special Leave to appeal from any decision of the Court of Appeal in any civil matter. This power was to be juxtaposed, however, against section 4(3) of the CCJ Act which provides that the court has no jurisdiction to hear matters from the Court of Appeal which were declared to be final by any law. The Court confirmed that Article 177(4) is such a law. [15] This court defined Article 177(4) as a limited and circumscribed carve out of its broad jurisdiction to grant special leave applications and determine appeals from the Court of Appeal. The Court noted that Article 177(4) is also a carve out of the exclusive jurisdiction over the validity of elections granted to the High Court by Article 163. The Court held that Article 177(4) should be strictly and narrowly construed. There was no doubt, that in instances where the Court of Appeal hears a question concerning the validity of an election of a President, where the question depends on that person’s qualifications or the interpretation of the Constitution, that decision would be final and unappealable to the CCJ. If no such question arose, however, or if the validity of the election did not depend on a question of the qualification of the person or the interpretation of the Constitution, then the Court
of Appeal would not have jurisdiction. In such cases, questions about the validity of any elections must be referred to the High Court, under Article 163. And once the matter commenced in the High Court it was appealable right up to this Court as the final court of appeal. The Court recognised and re-affirmed its duty as Guyana’s final court of appeal to ensure adherence to the Constitution. In all the circumstances, and given the constitutional implications and the public importance of this case, the Court granted special leave to Messrs Ali and Jagdeo to argue the appeal. In addressing the merits of the appeal, the Court looked at Guyana’s electoral system generally and also at Article 177 of the Constitution. Guyana’s electoral system was described as a hybrid presidential system, based on proportional representation. Parliament consisted of the President and National Assembly. At General Elections, electors cast a single ballot in favour of a list of candidates vying for seats in the Assembly. Each list designates one person as a Presidential candidate. The electors’ ballots serve to determine the members of the National Assembly and also the person who is ultimately deemed to be President. The votes are counted and information is furnished by the returning officers under the Representation of People Act. The Presidential candidate on the list for which more votes are cast is elected as President and so declared by the Chairman of GECOM. The Court noted that Order 60 was applicable only to the elections of 2 March (Continued on page 18)
PAGE 18
Thursday July 09, 2020
Kaieteur News
FULL SUMMARY OF CCJ RULING ON GUYANA ELECTIONS ... From page 17 Act set out that such a petition must be presented within 28 days of the publishing of the election results and that the High Court had the power even to order a fresh election in whole or in part. [20] Article 163 provides a constitutionally mandated and evidence based open justice process under the exclusive jurisdiction of the High Court, with the right of appeal, if necessary, to the Court of Appeal and ultimately to this Court. The irregularities complained of by Mr Harmon and alluded to by the CEO, were required to be addressed under the jurisdiction conferred by Article 163, by an election petition filed in the High Court. The Court held that the GECOM Chairperson was right to state that GECOM lacked the legislative authority and the machinery to embark upon a determination of such irregularities. The Court then turned to Article 177 which addressed the election of the President. Article 177(2)(b) states that a person is deemed to be elected as President when “more votes are cast in favour of the list in which [that person] is designated as Presidential candidate than in favour of any other list”. The President is deemed to have been elected because, in the electoral process, an elector’s single ballot is really cast in favour of a list of candidates. There is now no separate election of a President as there used to be when Article 177(4) was originally introduced as Article 30(13) of the Constitution. In earlier times the President was elected by the votes of the members of the National Assembly, who had already been
elected to that body but that is no longer the case. Article 177(4) was always intended to operate after the President had been elected, originally by the National Assembly, or, as is now the case, when the President had been deemed and declared to be President after it was determined that more votes were cast in favour of the list in which she or he was designated as Presidential candidate than in favour of any other list. Questions as to the validity of the President’s election were never intended specifically to impugn or relate to the validity of ballots cast by electors at the election of members of the NationalAssembly. Article 177(4) only affords jurisdiction to the Court of Appeal if the question raised as to the validity of an election of a President depends upon the qualification of any person for election or the interpretation of the Constitution. It is evident from the nature of Ms David’s complaints and the issues she placed before the Court of Appeal that the question(s) raised by her did not depend on the qualification of any person for election or on the interpretation of the Constitution. Ms David’s complaint was really about impact of Order 60 and the conduct of GECOM. What the Court of Appeal majority did was to embark upon an exercise of interpreting Order 60 and a consideration of the effect of that Order on the responsibilities of GECOM. In neither instance was there any need for an interpretation of any Article of the Constitution. Article 177(4) of the Constitution has always said what it meant and meant what it said. There was therefore nothing in Ms
David’s Application to trigger the Court of Appeal’s jurisdiction under Article 177(4). The Court of Appeal therefore lacked jurisdiction to make the orders that were made. Those Orders were not made under Article 177(4) of the Constitution. The authorities referred to the Court by counsel for Ms David were unhelpful. These were all cases where, in the face of a finality clause, the Privy Council declined jurisdiction to hear an appeal from a lower court. Unlike the case here, however, in none of these cases was there any suggestion that the lower court had acted without jurisdiction. Counsel for Ms David also suggested that the Court of Appeal had confined its jurisdiction to interpreting the words of Article 177(2)(b) “more votes are cast” in order to conclude that those words really meant “more valid votes are cast”. It was argued that this brought their decision within the purview of Article 177(4). The Court did not accept that argument. The concept of “valid votes” is well known to the legislative framework governing the electoral process. The concept has a particular meaning in that context. The phrase appears several times in the Representation of the People Act including as s 96. That section calls on the Chief Election Officer to calculate “the total number of valid votes of electors which have been cast for each list of candidates” (emphasis added). Validity in this context means, and could only mean, those votes that, ex facie, are
valid. The determination of such validity is a transparent exercise that weeds out of the process, for example, spoilt or rejected ballots. This is an exercise conducted in the presence of the duly appointed candidates and counting agents of contesting parties. It is after such invalid votes are weeded out that the remaining “valid” votes count towards a determination of not only the members of the National Assembly but, incidentally as well, the various listed Presidential candidates. If the integrity of a ballot, or the manner in which a vote was procured, is questioned beyond this transparent validation exercise, say because of some fundamental irregularity such as those alleged by Mr Harmon, then that would be a matter that must be pursued through Article 163 after the elections have been concluded. At the point in the electoral process where Article 177(2)(b) is reached, there is no further need to reference “valid” votes because, subject to Article 163 (which is triggered by election petition after the election), the relevant validation process has already been completed. Unless and until an election court decides otherwise, the votes already counted by the recount process as valid votes are incapable of being declared invalid by any person or a u t h o r i t y. By the unnecessary insertion of the word “valid”, the Court of Appeal impliedly invited the CEO to engage
unilaterally in an unlawful validation exercise. This trespassed on the exclusive jurisdiction of the High Court established by Article 163. It was inconsistent with the constitutional framework for the CEO or GECOM to disenfranchise thousands of electors in a seemingly non transparent and arbitrary manner, without the due processes established in Article 163 and the Validation Act. Referring to the case of Re Eusi Kwayana’s Application that was cited to it, the Court noted that the Court of Appeal of Guyana had declined jurisdiction in that case to deal with an application challenging the validity of an election where it was alleged that there was a defect in the Oath of office taken by the President. The Court found that the case illustrated the strict and narrow interpretation by the courts of Article 177(4). For all these reasons the Court adjudged that the provisions of Article 177(4) were not triggered by Ms David’s Application to the Court of Appeal and the finality clause was inoperable. It follows that, under the laws of Guyana, this Court had jurisdiction to hear and determine the Application by Messrs Ali and Jagdeo to set aside the decision of the Court of Appeal. That decision was made without jurisdiction. It was therefore not final and is of no effect. This Court is entitled and required to declare it invalid and, likewise, the report
issued by the CEO which was based on it. It follows that the Appeal of Messrs Ali and Jagdeo succeeds. The Court was addressed, with great passion, by some counsel to make a raft of consequential orders relating to the Elections. In this regard it is important to bear in mind that this case is essentially about jurisdiction, this Court’s jurisdiction, the jurisdiction of the Court of Appeal, and the manner in which the High Court’s exclusive jurisdiction under Article 163 of the Constitution is implicated by the Court of Appeal’s judgment. Once we decide that the Court of Appeal’s order was made without jurisdiction and should therefore be set aside together with the CEO’s report that was based on it, there is nothing left upon which we would possess jurisdiction to make further orders. As Guyana’s final court, we cannot, however, pretend to be oblivious of events that have transpired since December 2018. Indeed, we have had to pronounce on some of those events. It has been four months since the Elections were held and the country has been without a Parliament for well over a year. No one in Guyana would regard this to be a satisfactory state of affairs. We express the fervent hope that there would quickly be a peaceable restoration of normalcy. This summary is not intended to be a substitute for the reasons of the Caribbean Court of Justice of Justice or to be used in any later consideration of the Court’s reasons.
Lowenfield’s June ‘report’ invalidated... From page 8 whole or in part.” Saunders continued that “Article 163 provides a constitutionally mandated and evidence based open justice process under the exclusive jurisdiction of the High Court, with the right of appeal, if necessary, to the Court of Appeal and ultimately to this Court. He noted that the irregularities complained of by APNU+AFC's Mr. Joseph Harmon and alluded to by the CEO, were required to be addressed under the jurisdiction conferred by Article 163, by an election petition filed in the High Court.” For all these reasons, Justice Saunders stressed that the CCJ adjudged that the provisions ofArticle 177(4) were not triggered by Ms. David's Application to the Court of Appeal and the finality clause was therefore inoperable. “Article 177(4) only affords jurisdiction to the Court of Appeal,” he reasoned, “if the question raised as to the validity of an election of a President depends upon the qualification of any person for election or the interpreta-
tion of the Constitution. It is evident from the nature of Ms. David's complaints and the issues she placed before the Court of Appeal that the question(s) raised by her did not depend on the qualification of any person for election or on the interpretation of the Constitution.” According to the Saunders, David's complaint was really about impact of Order 60 and the conduct of GECOM. “It follows that, under the laws of Guyana, this Court had jurisdiction to hear and determine the Application by Ali and Jagdeo to set aside the decision of the Court of Appeal. That decision was made without jurisdiction. It was therefore not final and is of no effect,” the judge said. INVALID REPORT Additionally, in his ruling, the CCJ Judge alluded to the June 2020 report of the Chief Elections Officer, which he based on the Court of Appeal's decision and invalidated votes, he determined were invalid. By the unnecessary inser-
tion of the word “valid”, the Judge said that the Court of Appeal impliedly invited the CEO to engage unilaterally in an unlawful validation exercise. “This trespassed on the exclusive jurisdiction of the High Court established byArticle 163. It was inconsistent with the constitutional framework for the CEO or GECOM to disenfranchise thousands of electors in a seemingly non transparent and arbitrary manner, without the due processes established in Article 163 and the Validation Act,” the Judge stressed. According to Saunders, the concept of “valid votes” is well known to the legislative framework governing the electoral process. He noted that the phrase appears several times in the Representation of the People Act. In this context, Justice Saunders said that the Chief Election Officer to calculate “the total number of valid votes of electors which have been cast for each list of candidates.” He explained that, “the de-
termination of such validity is a transparent exercise that weeds out of the process, for example, spoilt or rejected ballots. This is an exercise conducted in the presence of the duly appointed candidates and counting agents of contesting parties.” According to Saunders, it is after such invalid votes are weeded out that the remaining “valid” votes count towards a determination of not only the members of the National Assembly but incidentally as well, the various listed Presidential candidates. He emphasized that, “If the integrity of a ballot, or the manner in which a vote was procured, is questioned beyond this transparent validation exercise, say because of some fundamental irregularity such as those alleged by Mr. Harmon, then that would be a matter that must be pursued through Article 163 after the elections have been concluded.” Further, the Judge said that unless and until an election court
Justice Adrian Saunders President of the Caribbean Court of Justice decides otherwise, the votes already counted by the recount process as valid votes are incapable of being declared invalid by any person or authority. Additionally, the CCJ Judge determined that GECOM Chairperson Justice Claudette Singh was right to state that GECOM lacked the legislative authority and the machinery to embark upon a determination of irregularities outlined in Lowenfield's report. The GECOM Chairperson conferred with the Commissioners and announced publicly that
some of the allegations set out were serious, but said ultimately that the Commission did not have the machinery to adjudicate them. “The Chairperson pointed out that the Constitution had vested in the High Court an exclusive jurisdiction to determine the legality of an election and the Commission could not arrogate onto itself the power to annul elections,” Saunders explained. The CCJ Judge held therefore that Lowenfield's June 23 report is also invalid and of no effect.
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Miller-Uibo could be forced to abandon the 400m For Berbician Jonathon... for Tokyo Olympics
Shaunae Miller-Uibo
Sports Max - Citing the perceived reluctance of the Olympic organisers to adjust the schedule at next summer’s Games, 2016 Olympic 400m champion Shaunae MillerUibo is mulling stepping down to the 200m for Tokyo 2021. The 26-year-old Bahamian has been the best 200/400m sprinter in the world over the past two seasons, has requested an adjustment to the schedule that would allow her to attempt the double, something they have done to accommodate Americans Michael Johnson and Allyson Felix as well as French track icon Marie Jose Perec. However, to date, the Bahamian and her Olympic committee have heard
Thursday July 09, 2020 ARIES (Mar. 21–Apr. 19) Come out of serious mode for a day and let yourself laugh. Sponsor a game night at your home and invite some good friends over to play cards and nibble on snacks until midnight, if possible. TAURUS(Apr.20–May20) You have an incredibly strong influence on others just by virtue of the fact of your fun-loving, peaceful, and harmonious nature. GEMINI (May 21–June 20) Put your aggressions away and laugh a little today, Gemini. Transfer your intensity from a hard, caustic energy to a more lighthearted and fun-loving one. CANCER (June 21–July 22) It's a terrific day for you, Cancer, one in which you'll find that your jovial approach to every situation is just what the doctor ordered. Spend time with children and enjoy their magical world.
LIBRA (Sept. 23–Oct. 22) Try to have a positive, optimistic outlook today. Adopt an attitude of gratitude and look to see the beauty in everything around you. SCORPIO (Oct. 23–Nov. 21) It's time for you to come out of hibernation, Scorpio. Shake off the blues and come into the light. Today is a day to play and have fun. SAGIT(Nov.22–Dec.21) Other people's stubborn attitudes may be hindering your progress, Sagittarius. Take this as a hint that you need to loosen your grip on a certain viewpoint that you're holding too tightly. CAPRI (Dec. 22–Jan. 19) The doldrums are over and its time to pick up the pace, Capricorn. Come out of your home in full regalia today and be proud of what you have to offer to the world.
LEO (July 23–Aug. 22) Take time out from your work today and relax a little. Let your romantic nature have some fun and don't feel guilty about not being as serious as you think you should be.
AQUARIUS(Jan.20–Feb.18) People are going to appreciate extra attention from you today, so feel free to give it out like candy to everyone you come in contact with. A kind gesture and warm word won't be forgotten.
VIRGO (Aug. 23–Sept. 22) You might find that others are adopting a bit of a "me first" attitude that doesn't quite sit right with you, Virgo. You may need to knock on their door, wake them up, and say, "Hey, what about everybody else?"
PISCES (Feb. 19–Mar. 20) Things should go extremely well for you today, Pisces, so don't shy away from anything. In fact, take this opportunity to shine as brightly as you can. Crank up your battery and project yourself into the world.
nothing to suggest that the IOC will honour her request. “We have made an appeal to have the schedule changed. We’ve not received a positive response as yet, but we remain hopeful that they would take another look at it because it means so much to us and it means so much to Shaunae Miller-Uibo,” said Bahamas Olympic Committee President Romell Knowles while speaking with the Bahamas Guardian. “To come from such a small island and to get an opportunity to be among the best in the world in both the 200 and 400 meters is just phenomenal. The precedence has already been set and we would just like to be given that opportunity. It means so much to a little country like ours that has produced such great athletes.” Meanwhile, Miller-Uibo, for now, seems resigned to the possibility that she will have to drop one of her events. ”As it is now, the schedule isn’t set up for me to do two events, so I would have to choose one event and we’re leaning more toward the 200 meters seeing that we already have the 400 meters title,” Miller-Uibo told the Bahamas Guardian. “We wanted to do both – I wanted to go after the 200 metres title and also wanted to defend my 400 meters title, but the way the schedule is set up, it would be difficult to do both. It’s been that way for a few years now. When they didn’t change the schedule, we had to make some decisions and right now, we’re leaning toward the 200. Nothing is finalized as yet, but that’s the way it is right now.” Only three athletes have ever won the 200/400m double at the Olympic Games – Johnson and Perec and Valerie Brisco-Hooks.
From page 21 The two ‘Greats’ he is talking about are West Indies pacers Courtney Walsh and Michael Holding who both played for the Melbourne club and whose names also adorns the bowling ends at Jamaica’s Test Venue, Sabina Park. In the next four years Jonathon sees himself breaking into the Guyana senior team set up and then from there working to play Test cricket for the West Indies. In the Mike’s Pharmacy U15 BCB’s final, the Rose Hall Town Captain scored a magnificent 93 with six boundaries in a losing cause against Albion, while Jonathon stroked a glorious unbeaten 141 against Rose Hall Canje in the recently concluded Ramnaresh Sarwan Berbice U-17 competition. In 2018 Jonathon had scores of 110 not out, 83, 93 and 54 not out in the BCB inter club U-15 tournament. He says that the level of the Franchise cricket is higher than club cricket because it is far more competitive than club cricket. “My most memorable moment in the franchise league is that I saw Ronsford Beaton bowling on TV when I was smaller and I never believed I was going to face him at the Port Mourant ground at the age of 14. Beaton is the fastest bowler I have ever faced. Other memorable moments for me in Franchise cricket were when I top scored for Upper
Corentyne in 2019 at Everest. I was so happy that I could contribute to the team and when I had the wicket of Guyana captain Leon Johnson, stumped by Anthony Bramble last year when we beat Georgetown at Bourda. In Berbice there are many cricket tournaments being played and fortunately I play in most of them… so I would say the competitiveness in cricket in Berbice is really good.” Jonathon revealed that he was really determined to make Guyana U-17 this year and had been working hard on him game. However, the tournament which was scheduled for Trinidad next month has been cancelled due to the Corona Virus and Jonathon, who will be over the age limit next year, will now have focus on the Regional U-19 tournament. “The Covid-19 pandemic is spreading all over the world and most sports are on hold. Where law enforcement measures are in place in the country they should be followed. I would usually still train doing the basics and core strength exercises. I have not seen a cricket field for the past three months but I am having batting sessions on a concrete pitch in my backyard,” said Jonathon. “There are many people who have supported me, especially my parents, CEO of RHTYSC and President of the BCB Mr (Hilbert) Foster, Delbert Hicks, Seon Hooper, Kevin Sinclair and Kevlon Anderson,” the budding allrounder concluded.
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Hales excited for title defence Alex Hales will be back at the Caribbean Premier League in 2020 having won the title with the Barbados Tridents in 2019. The tournament will take place from 18 August to 10 September and it will be amongst the first cricket competitions to return. The English opener is very excited to be back at the CPL but is conscious that he wants to improve on the performances he put in during last season. “I am really happy. Obviously last year, personally I didn’t perform anywhere near the level I wanted to and I know I am capable of. So, them to put their faith in me again is really, really pleasing. When you win a title like that, I guess you want to keep as many of the guys together. We had such a good environment
there, led incredibly well by Jason Holder and Phi Simmons. The combination of those two was so chilled out which is exactly what you need in T20 cricket. I am really looking forward to it, CPL is a great competition and held in high regard around the world in terms of standard. To get another crack, another bite of the cherry, is a great opportunity.” Hales was really impressed with the CPL in his first season at the tournament and says he would like to be involved for as long as he can be. His says the talent and passion on show are fantastic to be around. “Some of the Caribbean players are some of the most talented cricketers I have been around anywhere in the world. Also, the love of the
game the team in Barbados had was something I had never quite experienced. The highs of winning games, and then we lost a couple of games and everyone was devastated. The love and passion that everyone has there is second to none. Personally, if I can improve on what I did last year it is a tournament I would love to be involved with for the rest of my career.” The Tridents have retained the core of their squad from the 2019 season and Hales says that finding that right balance between experience and youth was one of the pillars of the team’s success last year. “From what I have found playing for different franchises you need the right blend of experience and
Belarus would consider Russian athletes who wish to switch allegiance
A man carries the Russian flag past the Olympic rings at the Olympic Park during the 2014 Sochi Winter Olympics February 22, 2014. World Anti-Doping Agency has banned on December 9, 2019 Russian athletes from all major sporting events in the next four years. (REUTERS/Brian Snyder/File Photo) (Reuters) - Belarus would consider offers from Russian athletes who wish to switch allegiance and compete for the ex-Soviet republic instead, the head of the Belarusian athletics federation said yesterday. Russian athletes are currently barred from competing under their country’s flag at major international events, including the Olympics, for four years after the World Anti-Doping Agency (WADA) found that Moscow had provided it with doctored laboratory data. The opportunity for Russians to compete as neutrals is also on hold after Russia’s suspended athletics federation missed a deadline to pay millions of dollars of a fine to the sport’s global governing body World Athletics. “It’s too early to talk about any decisions and steps but we are closely following the development of events and, if we receive offers from Russian athletes, of course, we will consider them,” Vadim Devyatovskiy, the head of the Belarusian federation said. “They are not strangers after all. In addition, the careers of some of the leading (athletes) in the world are now at risk,” added
Devyatovskiy, who won a silver medal in the hammer throw at the 2008 Olympics. “If these athletes are forced to miss the Olympics or, moreover, finish their careers, this will be a loss not only for the Russians, but also for world athletics.” Some of Russia’s top athletes reacted angrily to the federation’s failure to pay the fine, with high jump world champion Maria Lasitskene saying she was ready to leave Russia and compete for another country. “Any option for my further actions, including leaving the Russian team, must not be excluded,” Lasitskene said. “I’m tired of the lawlessness that has been happening over the past five years.” World Athletics requires a minimum threeyear waiting period before an athlete may transfer to represent another federation as well as evidence that the country is offering full citizenship and associated rights. Belarus has won 14 track and field Olympic medals, including three golds, since the country gained independence from Moscow in 1991, making it the ex-Soviet republic’s most successful Olympic sport.
youth, and the more I have played the more I think experience plays a part in winning trophies. The young guns will win you games here and there along the way which are important, but I think you really do need a mixture of experience when it comes to the pressure games. That is something we spoke about a lot in the Barbados team, it is keeping that cool head. I think experience when it comes to the pressure moments and the big games in tournaments really helps you win those games at the right time.” This season the Tridents have added Rashid Khan to their ranks and Hales thinks having the number one ranked T20 bowler in their side is a massive boost for an already strong side. “I have played against Rashid Khan a few times and had a season with him at Sunrisers Hyderabad. Any team that has Rashid Khan in it, you boost your chances of
Alex Hales
winning the competition. For me, him and Andre Russell are probably the two best T20 players in the world. So to have Rashid, particularly on the pitches that favour spin in the Caribbean he can an absolute handful. And he is fantastic in the field and obviously smacks a few at the end, so any team that has got him in their ranks seriously boosts their chances of winning. “We have signed Marcus Stoinis as well, and playing against him in the Big Bash, he was in the form of his life and scored runs in every game that he played. We seem to have got an even stronger squad somehow than we did last year. It is really exciting.” Hales will be linking up again with his Nottinghamshire team mate, Harry Gurney, for the 2020 tournament and he was full of praise for the left-ram seamer, saying he was crucial to their championship win. Gurney
arrived for the home leg of the tournament at a time when the Tridents were far from certain of making the playoffs. Hales says his efforts helped guide them to the knockouts and beyond. “Signing Harry Gurney was massive. He learns his trade on Trent Bridge which is arguably the flattest pitch it the world. So, for him to bowl on probably bowler friendly pitches was huge for us for him to come in for the back end of the tournament. He played a massive part in us winning the whole thing. I think we can build on that for next year, knowing that if things don’t quite work out at the start of the tournament you have got time to figure it and not panic. And that is something Jason and Phil did really well, at no point did they get edgy or concerned about playing well at the start. Everyone kept a cool head and we really turned it on when it mattered which is a really good trait in a team.”
Djokovic accuses critics of ‘witchhunt’, undecided on U.S. Open BELGRADE (Reuters) Novak Djokovic has accused critics of subjecting him to a “witch-hunt” after his regional Adria Tour tennis event ended in a novel coronavirus fiasco and said he was still uncertain whether he would play at the Aug. 31Sept 13 U.S. Open. Images and videos of the players hugging at the net, playing basketball together and partying at the tournament were posted on social media. World number one Djokovic, fellow Serb Viktor Troicki, Bulgarian Grigor Dimitrov and Croatian Borna Coric all tested positive for the virus and the event had to be called off. Djokovic, who tested positive for COVID-19 after the Adria Tour’s second leg in Croatia, pulled no punches in slamming his peers and pundits who said he was irresponsible to stage the
event amid the pandemic. “I can only see criticism lately and much of it is malicious,” Djokovic told yesterday’s issue of Serbia’s daily Sportski Zurnal. “It’s obviously more than just criticism, it’s like an agenda and a witch-hunt are on. Someone has to take the fall, a big name. “I still haven’t decided whether I will play in the U.S. Open, the upsurge in registered COVID-19 cases in the United States and New York in particular are not playing into the event’s hands,” added Djokovic who was back in training on Tuesday with Troicki. Djokovic tested negative after the second test he took last week and, having conceded after the failed tournament that it came to soon, he reiterated that he had acted in good faith. “My intention was pure, I was whole-heartedly
committed to organising a humanitarian event to help players and tennis federations in the (Balkan) region,” he said. “We complied with all the laws and regulations. But we’ve learned our lessons and some things could have probably been done in a different way.” The first leg in Belgrade held on June 13 and 14 with no social distancing rules in place drew a sell-out 4,000 crowd and as many fans turned up in Zadar’s Visnjik tennis complex with a capacity of 9,000 a week later. Fans in Zadar were ordered by the Croatian government to stay two metres apart but the final, due to feature Djokovic and Russian Andrey Rublev, was called off after Dimitrov tested positive for the virus. The remaining two legs in Montenegro and Bosnia were scrapped.
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For Berbician Jonathon Rampersaud the sky is the limit …. Despite some early set backs By Sean Devers Arguable the best U-17 cricketer in the Ancient County of Berbice, Jonathon Rampersaud is a genuine allrounder who bats left-handed and is a crafty off-spinner who aspires to play Test Cricket. But at just 16, the National U-15 player has had to deal with three heart-breaking setbacks, two involving his cricket career and other making a direct impact on his young life off the cricket field. In last year’s GCB Under17 Inter-County tournament Jonathon took 4-21 and made 41 against the National U-15s but the young Essequibian Christiani, who had a very poor tournament, was selected for 2019 Regional U17 tournament in T&T ahead of him. He said he wanted to quit but was encouraged to fight through his disappointment by CEO of his club, Rose Hall Youth & Sports Club (RHYSC) and President of the Berbice Cricket Board (BCB), Hilbert Foster. He took Foster’s advice and smashed a shot-filled 141 against Rose Hall Canje in the Berbice U-17 tournament which was used to pick the 2020 Berbice U-17 team. Viewed as an automatic pick in his final year at U-17 level for this year’s Regional U-17 which was scheduled for next month in Trinidad, more disappoint came his way when, due the COVID-19 pandemic, the tournament was cancelled. This was his
Jonathon Rampersaud gathers runs behind point against the Leewards in Jamaica. final year at this level. His biggest challenge however came when he was representing Guyana in the Regional U-15 tournament in Jamaica and his father suffered a stroke. “When I came home from the tour I was shocked to see my father had gotten a stroke. His left hand was paralysed, leaving my mother as the sole breadwinner for the family. She usually vends in front of the Port Mourant Primary School,” Jonathon recounted sadly. Although his father can’t assist much, he would be at most of Jonathon’s matches supporting him which brings back memories of the similar situation that had befallen Guyana First-Class legspinner Amir Khan and his father, the late Police left-arm spinner Kaublal Khan.
Jonathon and his mom.
Jonathon was born on November 6, 2003 to Charran and Rohanie Rampersaud and he is their only child. Jonathon actually qualifies to play for both Berbice and Demerara, where he was born. The confident batsman, who intends to join the famous Georgetown Cricket Club (GCC) Bourda when he completes High School, explained how he was born in the City. “When my mother was pregnant, her time for delivery was overdue while she was visiting my aunty who resided in Georgetown. My mother took in with labour pain and they rushed her to Woodlands hospital for an emergency surgery,” Jonathon explained. Jonathon lives at Portuguese Quarters in Port Mourant, a Village in Corentyne Berbice in Region six which produced Rohan Kanhai, Basil Butcher, Joe Soloman and later Alvin Kallicharran. Kanhai, Butcher and Kallicharran were three of the four great Berbician Test batsmen from Guyana with Roy Fredericks from West Bank Berbice being the other one. He attended the Port Mourant Primary and after writing the National grade 6 exams he was placed at President’s College on the East Coast of Demerara. But his mother had him transferred to the JC Chandisingh Secondary School in Berbice where he is writing 11 subjects at the CXC (Caribbean Examinations Council’s Secondary Education Certificate) Exams from July 14, 2020. “When I was small, I used to go with my cousin to Port Mourant Centre and he would get a tennis racket and hit a flannel ball high in the air and I would catch it.
My father is a farmer and at the age of 10, my mother would take me to the farm with her and I would help her since farming was our main source of income,” said Jonathon, who enjoys going to farm and reading books. He did not play any other sports while at school but soon he was turning heads with his ability with a bat and a ball. Jonathon played his first match for JC Chandisingh Secondary school in 2016 and has so far captained them to three consecutive titles in the BCB inter school tournament including last year when he led from the front with a stylish half-century to take the Man-of-Match Award. “I started watching cricket on television at a small age and I would imagine that I was International off-spinner Sunil Narine bowling. I was then 12,” said Jonathon who grew up in a part of Guyana where the main sport is cricket with a bit of Volleyball being played and big crowds attends all levels of matches. “I went to RHTYCC and watched the bigger guys practicing. I fell in love with the sport and started going every afternoon to practice. My first game I played was an under 17 match for Rose Hall Town Youth and Sports Club and got 3-17. I then moved on to a higher stage and played for the Rose Hall’s first division team at the age of 13,” remembered the immensely talented Jonathon. His mother never liked him playing cricket, she would be stressed that he was missing school to go and play cricket. She would always advise him to focus on his academics but when he made the Guyana team, she saw the potential in him and really supports his cricket career now.
Rampersaud bowls for Berbice in the U-17 Inter-County tourney. The youngster has the raw talent (if managed properly) to give his parents a comfortable life from cricket but he also understands the value of a sound education. “For the past years that I have been in High School I have gotten great support from my teachers and parents knowing that I also play cricket. But I make sure I pay keen interest on getting my school work up to date. I took private lessons where a teacher would come to our home in the evenings and teach me. I have made great sacrifice to balance both cricket and studying, knowing they go hand in hand. I want to be an Agriculture Engineer since I grew up in Farming and my grandfather, Bridgemohan Rampersaud was a Mechanical Engineer,” he stated. “Since I joined the club (RHYSC) my life has changed rapidly with success. Being academically 90 % in school, I lost a bit and I had dropped to 75 % as the work kept piling up but then I learnt how to balance both. In my core subjects I would hit 90 marks and up and you would find the subjects I didn’t register for CXC I wouldn’t pay that much attention to. Now I feel more comfortable because I have the support of Mr Foster who willingly helps me,” continued Jonathon. “My favourite cricketer is Steve Smith, I love seeing him bat, not only because he has scored a lot of runs but the passion he has for cricket,” explained Jonathon. He played his only U-15 Inter-County tournament in 2018 when he had a
breakthrough season with 15 wickets in four matches with a best of 5-12 against Demerara, earning three Manof-the-Match Awards. My Most memorable game playing for Berbice under-17 was when I scored 41 not out and had figures of 4-17 at Everest against the Guyana U-15 select X1 last year. “Playing franchise cricket is a hard task, sharing the same dressing room with a lot of Guyana senior players such as Bramble and Pestano. But I am learning from them, their leadership skills have helped me to develop more skills and playing in the Franchise has exposed my game to a higher level. Playing at a higher level for my age with the seniors mentoring, helps to motivate me as a player,” Jonathon in his second year in Franchise, added. He said his most memorable moment playing for the Berbice U-15 was when he won the Man-of-the Match in the final against Demerara. In his only Regional U-15 tournament, Jonathon, Guyana’s Vice-Captain, scored 118 runs in six innings with a top score of 69 against Leeward Islands and took six wickets with a best of 2-18 against Barbados when Guyana suffered its only defeat in the tournament which was played in Jamaica. “I would always remember batting at Melbourne cricket ground in Jamaica where the two bowling ends are named after two of West Indian greats,” said Jonathon, selected among the Standbys for the West Indies U-16 team. (Continued on page 19)
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‘Cornwall size no issue for Windies’ - insists head coach Simmons Sports Max - West Indies coach Phil Simmons has insisted the size of off-spinner Rahkeem Cornwall has not been an issue, as he remains in contention to secure a place in the team for the tour of England. Despite his success in regional cricket and solid performances for both West Indies A and West Indies squads, the player’s physique has often drawn attention for looking different than the average cricketer. Standing at 6 ft 5 inches tall, Cornwall weighs somewhere in the region of 308 pounds. For a time, it was believed to be keeping the player from being selected to the regional squad, after a successful
debut against India last year, however, the spinner’s stock seems to be on the rise. For the current tour of England, Cornwall could be in contention for a spot in the team as the primary or secondary spinner and the coach was quick to insist there are no concerns with his size or mobility. “I think he is capable of bowling a lot of overs. He has bowled an enormous amount of overs through the years for the Leeward Islands, West Indies A, and the West Indies team in our Test match against India. So, none of it has been a hindrance to him. He had a little knee injury and that has been fixed so now he is strong
Rahkeem Cornwall as ever,” he added. On debut, against India, Cornwall claimed 3 wickets,
before claiming 10 against Afghanistan in his second Test.
Brian Lara to West Indies batsmen: ‘Protect your stumps, be smart’ ESPNcricinfo - Protect your stumps. Play beside the line of the ball. Two nuggets of wisdom to succeed in England, from former greats Brian Lara and Sachin Tendulkar, to Jason Holder’s West Indies, before the first Test against England in Southampton. The visitors won the previous leg of the Wisden Trophy at home in 2019, but they have struggled in England, having failed to win a Test series in the country since 1988. They have managed only six Test wins during this period. Batting remains West Indies’ weakness. Holder and head coach Phil Simmons have underlined that as a big concern. In the rain-affected second intra-squad warm-up match in Manchester, none of the top-order batsmen even got a decent start. After the first-innings collapse in that match, Holder was embarrassed to admit some of his batsmen needed to “look in the mirror”. In the absence of Darren Bravo and Shimron Hetmyer, West Indies will look at the pair of Kraigg Brathwaite and Shai Hope to lead the batting department. They were the standout performers for West Indies on their 2017 tour, as the visitors clinched a rare Test win in the country at Headingly on the back of their heroics. However, both batsmen have struggled since. In terms of average, since their tour of England in 2017, Holder has been West Indies’ best batsman. Lack of application and focus, and absence of partnerships, have been
Thursday July 09, 2020
Kaieteur News
West Indies take a knee in support of Black Lives Matter SOUTHAMPTON, England – Members of the West Indies squad knelt and held clenched fists as they showed full support for and the fight against racism, inequality and injustice. Before yesterday’s start to the #RaiseTheBat series at the Ageas Bowl in Southampton, both West Indies and England teams announced they would wear the Black Lives Matter logo on the collars of the playing shirts. They further demonstrated support kneeling on the field and on the boundary. All members of the West Indies squad also wore black gloves. In addition, a flag was flown over the team’s balcony with the composite logos of Cricket West Indies and Black Lives Matter on the traditional maroon background. Speaking ahead of the
series, West Indies Head Coach Phil Simmons said: “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.” The Black Lives Matter emblem was designed by Alisha Hosannah, the partner of Troy Deeney, the professional footballer and captain of Watford Football Club (who play in the English Premier League). He was contacted by CWI and permission was granted for the logo to be displayed on the collar according to ICC regulations. The logo has a clenched fist in place of the letter “A” in the word “Black”. It was also used on the shirts of all 20 Premier League clubs since football returned behind closed doors following the break for COVID-19.
FIFA withdraws from mediation with TTFA citing lack of confidentiality
Shai Hope is desperate to rediscover his 2017 form. (Getty Images) outlined as the major issues with the batting by Simmons. Lara, meanwhile, said that batting remained the “key” to West Indies’ fortunes. “The key to any team taking the field, especially if they are taking the field after batting, is the amount of runs they have to play with,” Lara told Tendulkar in a chat on the 100MB app. “This present West Indies team need the luxury of having runs on the board. They need their batsmen to come up trumps and give them that sort of comfort. So the effectiveness of a Kemar Roach or Shannon Gabriel will only come into play if they don’t have to go on the defensive because of the lack of runs. That has been our problem for many, many years.” According to Lara, quickly understanding the conditions, playing late, and dominating bowlers selectively were some of the cues West Indies batsmen needed to understand. When pressed by
Tendulkar, who asked: “In short, your message to West Indian team is try and stay beside the line, don’t get behind the line too much?”, Lara agreed. “In England it is protect your stumps. And get acclimatised quickly, get the pace and bounce of the pitch, know what the bowlers are doing. And then when you feel comfortable then you sort of grow. You don’t necessarily have to dominate every single bowler that is bowling to you - if you get to 70-80 and there’s somebody that is giving you trouble, back off. That’s key.” When Tendulkar joked that West Indies ought to take Lara “seriously”, the former West Indies captain cited the example of Tendulkar’s masterful 241 in 2004 in Sydney where he abstained from playing the cover drive, a shot that had got him into trouble throughout the series. To cut out what hurts you, Lara said, was the “key” to
batting. “You know that Sachin, as well. In terms of that great innings that you played in Sydney: it was not about a particular bowler getting you out, but it was a particular shot getting you out. And you stopped yourself from playing it and you were able to score in other areas. So it is similar sort of approach be it your technique and may be having a problem with a particular shot or a particular bowler. A good example would be Australia. Playing against Australia, I will be 70-80 or may a 140 and [Glenn] McGrath comes back for a spell. And I know he is going to bowl 36 balls or six overs, seven overs, I don’t need to sort of take any great risks. Give your other guy at the other end, give him the opportunity to score.” Summing up the chat, Tendulkar said: “You just have to be smart.” Lara nodded, “Yes, that’s all”.
Sports Max - FIFA has withdrawn from mediation with the Trinidad and Tobago Football Association (TTFA) citing the failure of its lawyers to keep the matter confidential. Football’s world governing body has been in dispute with the ousted executive since March 17, when they notified the four-month-old administration led by William Wallace, that it was being dissolved and a normalisation committee appointed to govern the affairs of the heavily indebted association. However, in June, lawyers representing the TFFA requested that the matter be resolved through mediation. On Monday, FIFA agreed. However, following media reports about the mediation, FIFA issued a statement officially withdrawing from the mediation. “It should be noted that the mediation FIFA previously agreed to with “United TTFA” would never have dealt with the legality of the appointment of the Normalisation Committee and would only have covered some costs related issues,” the statement said. “This mediation will not go ahead now in any event, owing to the failure of the lawyers of “United TTFA” to keep the matter confidential, in line with
their professional and ethical obligations.” Following the decision to appoint the normalisation committee, the ousted executive that FIFA referred to as “United TTFA”, took the matter to the Court of Arbitration for Sport (CAS). However, weeks later they withdrew the matter from CAS citing fears of institutional bias and concerns over not getting a fair hearing. They subsequently took the matter to the Trinidad and Tobago High Court of Justice. FIFA now says that the High Court does not have jurisdiction over them. “FIFA does not, and will never, accept the jurisdiction of a local court in Trinidad & Tobago to decide on the legality of the appointment of the Normalisation Committee currently appointed to run football in the territory,” FIFA said in its statement. “For the avoidance of doubt, FIFA only recognises the authority and jurisdiction of the Court of Arbitration for Sport (CAS) in these matters. Any dispute regarding the appointment of a Normalisation Committee falls squarely within the jurisdiction of the CAS, and CAS alone. “United TTFA” itself previously went to CAS and then unilaterally withdrew from the CAS process.”
Kaieteur News
Thursday July 09, 2020
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Dom Sibley was out early (Mike Hewitt/ NMC Pool/PA)
The England batsmen walk off after the rain started falling. (ESPNcricinfo Twitter)
England 35-1 at tea as rain hits first test S GOA and GBA reps
OUTHAMPTON, England (Reuters) - After a 117-day a b s e n c e , international cricket returned in familiar fashion yesterday as rain delayed the first test between England and West Indies before the hosts lost Dom Sibley for 0 then reached 35-1 as bad light brought an early tea. Much else about the occasion felt very different, as the match is being played in a “bio-secure environment” at Southampton’s Ageas Bowl with daily health checks for everyone in the ground with no fans present. Players from both teams “took a knee” before the match started, having observed a minute’s silence to mark the victims of the novel coronavirus and also former West Indies batsman Everton Weekes, who died last week. Ben Stokes, standing in as England captain for Joe Root, whose wife has just had a baby, won the toss and opted to bat under overcast skies. Only three overs were possible before the rain returned, but that was long enough for Shannon Gabriel to take the fist wicket of the three-match series as Sibley was bowled by a ball he left but which cut back to clip off stump. It looked a poor decision at any time but all the more so as in the previous over he had seen partner Rory Burns lucky to escape an lbw review after doing exactly the same thing. After further rain delays, England eventually settled to their task. Burns was not out on 20 and Joe Denly on 14 when bad light brought them
off half an hour before the scheduled 1600GMT tea break. Kemar Roach was the pick of the West Indies bowlers, giving up two runs from his six overs. E n g l a n d ’s t o p e n d batting remains something of a work in progress but the strength in depth of their bowling options was illustrated by the decision to leave seamer Stuart Broad out of a home test match for the first time since 2012. Pace duo Jofra Archer and Mark Wood will spearhead their attack. It is almost four months since England’s warm-up
match in Sri Lanka was abandoned due to the COVID-19 threat and no cricket has been played since. This series will feature many variations from a regular test due to the virus restrictions. There are home umpires - the first time in England since 2002 - and because of that each team will have three referrals instead of the usual two per innings. Players are not allowed to use saliva to polish the ball and umpires will not take jumpers and caps from bowlers.
donate blood
Juman-Yassin (left) and Ninvalle relax while donating the precious fluid.
P
resident of the Guyana Olympic Association (GOA) K. A. Juman Yassin S.C., AA and president of the Guyana Boxing Association (GBA) Steve Ninvalle, yesterday each donated blood to the Blood Bank as part of Olympic Day Activities. Ninvalle and Juman were the first to donate in support of the activity which was organised by the GOA as a part two of a series
of activities scheduled by the body in observance of World Olympic Day that was observed on June 23 last. During and invited comment, Ninvalle shared that he was more than happy to give blood which will play a major role in saving lives, especially in these serious times of the coronavirus pandemic. Vice-President of the GBA, Major Gordon Nedd, also donated blood.
rt Spo
England’s Joe Denly in action, as play resumes behind closed doors following the outbreak of the coronavirus disease (COVID-19). (Mike Hewitt/Pool via REUTERS)
West Indies’ Shannon Gabriel in action, as play resumes behind closed doors following the outbreak of the coronavirus disease (COVID-19). (Adrian Dennis /Pool via REUTERS)
England 35-1 at tea as rain hits first test FIFA withdraws from mediation with TTFA citing lack of confidentiality
William Wallace
The umpires finally confirmed the inevitable: that’s stumps, on a day where only 17.4 overs have been possible. (ESPNcricinfo Twitter)
West Indies players joined by their English counterparts knelt and held clenched fists as they showed full support for and the fight against racism, inequality and injustice before the start of the game yesterday. (CWI)
West Indies take a knee in support of Black Lives Matter
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