Chief Magistrate Ann McClennan this morning threw out the private criminal charges filed against the Chairman of the Guyana Elections Commission and the three Government nominated Commissioners.
The Chief Magistrate said the private charges were frivolous, a waste of the Court’s time and an abuse of the Court.
The charges were filed by local engineer Marcel Gaskin through his Attorney Sanjeev Datadin against the Elections Commission Chairman and the three Commissioners, claiming that they had conspired not to hold elections within ninety days following the passage of the no-confidence motion.
Only the GECOM Chairman and Commissioner Desmond Trotman appeared in Court and the Chief Magistrate did not even bother to read out the charges.
She questioned the Prosecutors Sanjeev Datadin and Ganesh Hira about the charge.
Datadin said it was filed because in his client’s opinion the Chairman of the Elections Commission and the three Government nominated Commissioners had breached the Constitution.
But Attorney Neil Boston, who was part of the battery of lawyers representing the Chairman and Commissioners, said the charges were “mickey mouse” charges and ought not to be entertained by the Court.
He said the Court has no jurisdiction to hear the matter and the Constitution excludes the Court from intervening in the decision making of the Elections body. He said the charges do not disclose any offence known to the laws of Guyana and therefore ought to be thrown out completely.
Attorney Sanjeev Datadin attempted to get the Court to grant him time to amend the charges, but the Chief Magistrate was not having any of that.
She said she sees no need to hear anymore arguments on the matter since it appeared frivolous and was an abuse of the procedure of the Court.
The Chief Magistrate said it was also an attempt to abuse the authority of the Court and was nothing more than vexatious.
She said the matters could not stand in the Court and therefore she threw out the private criminal charges.
The move by the private businessman to file charges against the Elections Commission Chairman and three of the Commissioners, caught many in the political world by surprise, when the action was filed a few days ago.
The Guyana Elections Commission is an independent Constitutional body tasked with the conduct of elections in keeping with the Constitution of Guyana.
Following the passage of a no-confidence vote against the Government, the Opposition has been pressing the Government and the Elections Commission to call elections within the 90 day period as stipulated by the Constitution. But the same Constitution also caters for an extension of that period, and that would have to be done by the two-thirds of the National Assembly.