GECOM chair appointment– points out Judges upheld legal submissionsMaking it clear that they will carry the case to the Caribbean Court of Justice (CCJ), former Attorney General Anil Nandlall has expressed bewilderment at the ruling of the Appeals Court in the challenge against the unilateral appointment of the Guyana Elections Commission (GECOM) Chairman.In his most recent writings, Nandlall zeroed in on the summary of the rulings of Chancellor of the Judiciary, Justice Yonnette Cummings-Edwards and her fellow Appeal Court Justices Dawn Gregory and Rishi Persaud.Stressing his inherent right to comment on matters of public interest, Nandlall noted that the Judges acknowledged the intention of the framers of the Constitution for the President to engage with the Leader of the Opposition in appointing a GECOM Chairman… from a list of six persons ranging from a judicial category to a “fit and proper” category.“In fact, in the course of rendering the summary of their rulings, their Honours upheld almost every submission which I made and rejected almost every contention of the Attorney General and his team of Queen’s Counsel,” Nandlall observed.“Although, they recognised this intent… yet they came to the bewildering conclusion that the President acted in accordance with the letter and spirit of the Constitution when he unilaterally appointed Justice Patterson, after rejecting 18 outstanding professional Guyanese, including, a retired Justice of Appeal, a retired High Court Judge and several prominent lawyers, qualified to be Judges.”Interpretative gymnasticsNandlall described the justification for the ruling as “interpretative gymnastics and juridical ingenuities.” According to the former AG, much care was taken to absolve President David Granger from any blame in appointing retired Justice James Patterson as GECOM’s Chairman.“You will also note that the Constitution has put in place the qualifications of the persons who are to be appointed, leaving no room for the President to inject any subjective ‘characteristics’. Another said that to mandate the President to choose from a list would lead to an ‘unreasonable fettering of his discretion.”“This is the very Judge who, minutes before, enunciated that the framers of article 161 (2) intended to replace ‘unilateralism’ with ‘consensualism’ in the appointment of the Chairman of GECOM, but who now fails to recognise that the quintessence of that ‘consensualism’ is the confinement of the President’s power of appointment to the six names submitted to him by the Leader of the Opposition!”Nandlall said in short, the ruling of the Court of Appeal is that a President can reject the stipulated list of six names submitted to him by the Leader of the Opposition, irrespective of how qualified and suitable the nominees are.He also noted that the implications of the ruling are that the President can then resort to appointing a GECOM Chairman of his own choosing, from the judicial category, once he utilises the proviso.“This ruling, therefore, takes us over a quarter of a century back in time to what existed in the 1980 Constitution, whereby the President was empowered to unilaterally appoint a person of his own choosing from the judicial category! I sincerely hope that the Caribbean Court of Justice will restore those lost years.”The rulingOn Thursday, People’s Progressive Party (PPP) Executive Secretary Zulfikar Mustapha lost his appeal of acting Chief Justice Roxane George’s decision regarding the appointment of Patterson as Chairman of GECOM when the Court of Appeal handed down its ruling.The PPP was seeking to have the court reverse Justice George’s June 8, 2018, ruling which followed Mustapha filing his case in October last year.The Appeals Court Judges unanimously agreed that Justice Patterson’s appointment was not unconstitutional, saying the President was empowered to appoint a Judge, retired Judge or someone with the qualifications if he judged the Opposition Leader’s list unacceptable.Justice Gregory in her determination opined that the three lists as submitted did not achieve consensus. Justice Persaud said too that any move towards unilateralism is wholly unacceptable and this could lead to abuse and would not be motivated by good faith.He outlined that there was nothing to suggest that the President acted “unconstitutionally, illegally or unreasonably in appointing Justice Patterson.Chancellor Cummings-Edwards, who announced the unanimous decision, spoke extensively in giving background to applicant’s case.
Finn Harps will be looking to put to an end a winless run of five games when Shamrock Rovers ‘B’ visit Finn Park on Friday evening (kick-off 8pm).Harps haven’t won in any of their last five games, picking up just two home draws with Wexford Youths and Galway FC.Since beating the Hoops 3-0 at Tallaght earlier in the season, they have managed just one victory – that coming in the following game against Cobh Ramblers at Finn Park. The three away losses though came against the teams that many feel will be the top three at the end of the season – Shelbourne, Longford Town and Waterford United.Shamrock Rovers second string come to Ballybofey on Friday evening having won two of their last three games and sit level on points with Harps in the League table with just goal difference separating the clubs.“Shamrock Rovers have improved a lot since we played them last March, so Friday’s game will be very difficult,” said Harps boss Ollie Horgan ahead of this weekend’s game. “They have beaten both Longford and Cobh in last couple of weeks and will prove tough opposition for us.”Harps have lost their last two games – both on the road – and while Horgan felt they should have got something out of the Longford game a fortnight ago, he said they got exactly what the deserved last weekend in Waterford – nothing. “For the first 15 minutes in Waterford we were the better side but the first goal changed all that,” said Horgan. “From there on we didn’t deserve anything out of game even when they were reduced to ten men.“Our performances up to the Waterford game were hard working and honest. We were a little unlucky to lose in Longford and Shelbourne but we had no excuses on Friday in what was a disappointing display except for the start of the game,” continued Horgan as he reflected on the 2-0 defeat.“The Longford result was down to a poor penalty decision but Waterford game was down to too many players off form and a couple of individual errors thrown in on top of that. The work rate wasn’t anywhere near what it was in previous games. Having said that, Waterford have improved since we played them on the opening day of the season.”Tommy Bonner is available for selection again after missing last week’s trip to Waterford through suspension. Keith Cowan serves the third game of his four match ban while Kevin McHugh (hamstring) remains sidelined. Ruairi Keating picked up a knock in Waterford and will be assessed before Friday’s game.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ TEAM NEWSSuspended: Keith Cowan.Doubtful: Ruairi Keating.Injured: Kevin McHugh (hamstring). Form Guide (last six league games)Finn Harps: W-D-L-D-L-L (5 pts)Shamrock Rovers ‘B’: D-D-L-W-L-W (8 pts)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Finn Harps Goalscorers 2014Pat McCann – 3Ruairi Keating – 3 (1 in League Cup)Keith Cowan – 1James Doherty – 1Michael Funston – 1Paul McVeigh – 1Carel Tiofack – 1Sean McCarron – 1 (in League Cup)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Finn Harps Results 2014 (Finn Harps scorers in brackets)25-Apr-2014 – Lg – Waterford United 2-0 Finn Harps19-Apr-2014 – Lg – Longford Town 1-0 Finn Harps11-Apr-2014 – Lg – Finn Harps 1-1 Wexford Youths (Keating)04-Apr-2014 – Lg – Shelbourne 2-0 Finn Harps29-Mar-2014 – Lg – Finn Harps 1-1 Galway FC (McVeigh)21-Mar-2014 – Lg – Finn Harps 5-0 Cobh Ramblers (Doherty, Tiofack, McCann 2, Keating)16-Mar-2014 – Lg – Shamrock Rovers B 0-3 Finn Harps (Cowan, Funston, McCann)10-Mar-2014 – LC – Finn Harps 3-2 Cockhill Celtic (McCarron, O’Donnell o.g., Keating)07-Mar-2014 – Lg – Finn Harps 0-0 Waterford UnitedHARPS HOPING TO ROLL OVER ROVERS AGAIN was last modified: April 30th, 2014 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:finn harpsFinn ParkShamrock Rovers B