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Rigging cabal recklessly abusing the court

Rigging cabal recklessly abusing the court

BY: DR LESLIE RAMSAMMY

In its continued attempt to thief the March 2, 2020 General and Regional Elections, APNU/AFC has committed fraud, using their agents at GECOM, Keith Lowenfield, Clairmont Mingo and the three APNU/AFC Commissioners, and have abused the court system. APNU/AFC has shown total disregard and defiance for the electoral system, constitutional bodies, including the court, the Guyanese people, and the whole world. In fact, APNU/AFC and many of their sycophants have now been subjected to visa restrictions by the US and similar restrictions are expected from Canada and the UK. By July 21, the OAS might sanction Guyana. The court cannot stop anyone from approaching it, but the court must force those who want to abuse its authority to think twice. There must be consequences for abusing the court’s authority. The court, for one, must institute severe costs on those who want to abuse the system and ensure those costs are paid immediately.

The ink has not yet dried on the Chief Justice’s latest ruling (July 20) and the rigging cabal has indicated it is appealing the Chief Justice’s ruling. This is in spite of the fact that the Chief Justice brutally dismissed APNU/AFC’s application, deeming it as hopelessly flawed and declaring it res judicata, meaning already settled. APNU/AFC, through a surrogate, applied to the High Court to throw out the recount data and to permit the use of the Mingo-Lowenfield fraud for the declaration of the March 2 elections. In the face of the total rejection of their application, fresh from being told they are abusing the court, APNU/AFC signalled they are approaching the Court of Appeal, further abusing the courts. The insult to the judiciary is appalling. But in the process, APNU/AFC is holding a whole country hostage. Guyana is at a standstill, on the verge of being broke, as warned by the Governor of the Bank of Guyana. APNU/AFC recklessly refusing to honour the will of the people.

In this latest frivolous court case, it is clear the matter is returning to the CCJ. It is irresponsible and reckless for anyone to ask any court to permit the use of the Mingo-Lowenfield fraud. The fraud was evident since Mingo introduced it on March 4. The Statements of Poll verified that Mingo was committing a fraud. Lowenfield hid the SoPs and APNU/AFC refused to show their copies of the SoPs. The recount which was agreed to by all parties, no dissenting voice, further exposed the fraud. The Chief Justice herself on March 6 ordered Mingo to correct the data by using the certified SoPs. On March 14, in a contempt hearing, promises were made to dispose of the Mingo numbers and permit a recount. Thus, the CJ knew about the fraud she was being asked to legitimise.

The recount was challenged and the CCJ ruled the recount declarations are valid and must be the numbers used for the final declaration of the winner. This matter, therefore, is res judicata and the whole world knew that. For anyone to then ask the High Court to rule on a matter that the highest court has already disposed of is not only arrogance, it is contempt. While the CJ ruled accordingly and did not allow APNU/AFC to get away with lawlessness, APNU/AFC did succeed in their goal. They bought almost two long weeks. Clearly, they know they are abusing the court. Clearly, they know they are wrong. But their goal is to prevent a declaration of the legitimate results. They intend to defer the declaration for as long as possible. They will find other frivolous reasons to approach the court and they will do so until the court refuses to play along.

It is not just that APNU/AFC’s actions are blocking democracy, more insidious wickedness is afoot. APNU/AFC is inciting people. They have misled their supporters and, although many of these persons have figured out the gamesmanship, there are still people who believe the lies they are being fed. APNU/AFC is deliberately creating tension for violent reaction by their supporters. The court must stop this nonsense. Civil society must stand up vigorously to this wickedness. The world must no longer wait, the world must act so that the thieves, the rigging cabal, find no comfort zone.

For one, the courts must not allow anyone to approach it with frivolous claims. The Court of Appeal must tell them that the matter they are appealing is res judicata and, therefore, they have no right to appeal. Even if the courts agree, the stretching out of the process is unconscionable and plays into the hands of APNU/AFC. Maybe the Court of Appeal has to grant them their request, but this matter must be disposed of in the shortest possible time. To stretch the hearing process to last a whole week or more plays into the hands of APNU/AFC. They know they have no legal standing. They are just buying time. The court must act so that whatever time they buy is not very meaningful. The CCJ must do the same. Since the goal is to buy time, do not give them any meaningful extension of time.

The court is being abused, being used as an unwilling pawn for electoral rigging. Guyana needs a Government and the elections were judged up to E-Day to have met all criteria for free and fair elections. The skullduggery and jiggery-pokery have been only in the post-election day processes. While the court has conducted itself within its laws and obligations, the court has become a pawn for APNU/AFC. It is time to end the charade.

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