Appeal Court ruling on GECOM Chairman’s appointment deferred

first_imgThe Appeal Court ruling on the appointment of retired Justice James Patterson as the Chairman of the Guyana Elections Commission (GECOM) has been deferred pending further submissions by the parties. Friday’s date was set for decision on the appeal filed by lawyers for People’s Progressive Party (PPP’s) Executive Secretary Zulficar Mustapha to reverse the June High Court ruling by acting Chief Justice Roxane George, who upheld President David Granger’s unilateral appointment of Justice Patterson as GECOM Chairman.However, the Appeal Court panel, led by Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, informed the appellant represented by Attorney Anil Nandlall and the defendant Attorney General Basil Williams that they would have to make further submissions before a decision can be handed down.Justice Cummings-Edwards explained that the court is considering four areas of law which she would want the parties to address before a ruling a made.“The Chancellor and the two [Appeal] Judges indicated to us that while they’re ready with their ruling, they need us to address certain identified issues, which they will communicate to us during the course of [Friday] afternoon. They want our assistance, they want our submissions on these identified isssues – we don’t know what they are yet but hopefully we get them before the end of today,” Nandlall told reporters outside the Appeal Court after the hearing.Nevertheless, the matter will be called again on Tuesday when both Nandlall and Williams are expected to present their written submissions, as well as oral if necessary, on the four areas to be the Court has asked to be addressed.Last October, the PPP’s Executive Secretary filed an injunction to have the court rescind the unilateral appointment of Justice Patterson, days after his appointment.However, after a several months of engaging the High Court, the Chief Justice on June 8, 2018, ruled that the Constitution of Guyana allows for the President to unilaterally appoint someone to fill the position of GECOM chair.Apart from asking that the appointment of Patterson be rescinded, the PPP had argued that he is unqualified for the post, and had petitioned the court to order the President to choose a person from the 18 names submitted by Opposition Leader Bharrat Jagdeo.But the Chief Justice, in her ruling, has stated that there is nothing before the court to support a finding that the President had acted unlawfully or irrationally in resorting to the proviso to Art 161(2); and there is nothing to rebut the presumption that Justice Patterson is qualified to be appointed to the post of Chairman of GECOM.According to the Chief Justice, the Opposition did not produce evidence to support the contention that Patterson was unqualified for the position. She added that even if she had agreed with the contention that the appointment was unlawful, it would not have been “permissible for this court to usurp the function of the President by directing him to choose a nominee from the third, or any, list.”However, she did outline in her ruling that the President should have given reasons for his rejection of the 18 nominees submitted by Opposition Leader Bharrat Jagdeo in three separate lists, all of whom were rejected.In the Appeal, Nandlall on behalf of his client said that the learned Chief Justice misconstrued and misinterpreted the role of the Leader of the Opposition in Article 161 (2) of the Constitution of the Cooperative Republic of Guyana and as such, is asking the court to overturn the High Court ruling.last_img read more

Boxer suffers brain injury

first_img“It’s a bittersweet victory in so far as when you have a down fighter in the hospital with a serious injury, it is very difficult to have an enjoyable night and have a real victory celebration because there is no celebration in that victory,” Shaw said. “Vic understood that. That is why he didn’t celebrate in the ring. Vic wanted to go to the hospital today, but they wouldn’t let him in.” robert.morales@presstelegram.com (562) 499-1338 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! “He had a brain bleed and he was operated on last night,” Shaw said. “The bleeding has been stopped. And he appears today to be in stable condition.” Shaw said Burgos, 32, was in serious trouble at the hospital. “Last night it was touch and go, to be candid,” Shaw said. “Today, it appears to be better.” Shaw said he tried to visit Burgos on Sunday, but he was turned away. Shaw said he was told by a representative of Don King Productions, which promotes Burgos, that Burgos’ wife was traveling in from Mexico and only after she arrives today will Shaw or anyone else be allowed to visit. Shaw, who promotes Darchinyan, is president of Gary Shaw Productions, the lead promoter for Saturday’s card. • Photo Gallery: Boxing Victor Burgos on Saturday suffered a serious brain injury during his bout against flyweight champion Vic Darchinyan at Home Depot Center in Carson and had surgery to relieve pressure from a blood clot on his brain, promoter Gary Shaw said Sunday. center_img Darchinyan stopped Burgos in the 12th round. Burgos had been decked by a body punch in the second round. He was not knocked down again, but took a lot of punishment to the head from the hard-hitting Darchinyan. After referee Jon Schorle stopped the fight at 1:27 of the final round, Burgos began to slip close to unconsciousness, ringside physician Dr. Paul Wallace said. Burgos was transported to Harbor-UCLA Medical Center in Torrance, where he underwent surgery late Saturday. last_img read more