Latest update October 6th, 2024 12:59 AM
Mar 22, 2012 Features / Columnists, Freddie Kissoon
In life humans make all sorts of claims to suit their own purpose. The role of the less subjective person, particularly the educated human, particular the person who has a legally trained mind is to ask the expected question – if there is evidence to support your contestation? In all spheres of human activity, the truth becomes solid if it is backed by evidence.
We start with fraud. Can a Chief Executive Officer claim innocence if his/her name is on several cheques for goods not delivered? If the first shipment of the item got lost, there has to be doubt on the credibility of the CEO if repeated shipments never arrived at the company. Why were subsequent cheques sent?
In April 2004, the Ministry of Finance was rocked by a scandal that started when the GRA stumbled on a car that didn’t have duty paid on it. One GRA probe led to another and the trail ended at the desk on a man named Nirmal Rekha, the Secretary to the Treasury.
The GRA issued a report (which this newspaper acquired) which blamed Mr. Rekha for signing more than fifty duty free letters that were not legal documents. Nothing came out of the story but the question that was asked and will always be asked is, “How could Mr. Rekha sign so many bogus letters and not detect at least one of them?”
The whole foundation of law is based on evidence. In our jurisprudence which we inherited from the British, the State has to find evidence and supply it to a judge and jury before a conviction can be secured. Evidence, then, whether in a court of law or in other areas of human activity is what makes human beings understand the truth of a situation.
At the moment, APNU has gone public with an eye-raising (and that is putting it mildly) statement by which time all of Guyana may have heard about it. APNU’s claim is both bold and unambiguous – the results of the November 28, 2011 general elections are not a true reflection of the votes cast.
On this basis APNU goes further and insists that the grey areas were so large as to call into question the winner of the presidency.
This is where the situation gets exciting and intriguing. APNU’s adumbration did not include any question on the winner of the Legislature. The party points specifically to the Executive. Looked at from any angle APNU is saying that the PPP may not have won the presidency. These are indeed serious pronouncements.
When the leading opposition party rejects the results of a general election, two scenarios come immediately into play.
First is that the world expects it to provide evidence. APNU is pellucid in its attitude in this context. It says it has done the analysis on the original Statements of Poll (SOPs) supplied by GECOM and the discrepancy can be verified evidentially. It is this particular claim that has elicited a strong response from GECOM. The election body has publicly committed itself to examine the evaluation of APNU.
This has to give rise to one of the most curious moments in the history of this country. What will GECOM say? Evidence is evidence. It is difficult to deny the fact that an SOP from St. Angel School in Xanadu district which stated that five hundred people voted, but when that particular SOP is input into the GECOM official tabulation only three hundred votes are recorded. Now since GECOM has that particular SOP and GECOM has its official tabulation then surely it can tell if APNU has a valid claim or is up to mischief. GECOM has to bear in mind that since it gave APNU the SOPs, APNU has the documents too.
It is too early to know what GECOM will say. There are three pathways GECOM can go into. One is to dismiss the analysis of APNU as flawed. Secondly, to acknowledge the evidence but put a quantity argument on it, meaning that the grey areas and mistakes were not quantitatively impressive as to alter the overall numbers assigned to each contestant.
It is the third gateway that will have all Guyanese on the edge of their seats for weeks to come – will GECOM concede that APNU has evidence that contradicts the election results.
Finally, is the second scenario referred to above. What will APNU do if it feels that the elections result is a big mistake? While we wait on these moves there is also the long awaited EAB report. Never a dull moment in Guyana.
October 1st turn off your lights to bring about a change!
Oct 06, 2024
Courts Optical Pee Wee U-11 Tournament 2024… Kaieteur Sports – The 11th Annual Courts Optical Pee Wee Under-11 Football Tournament showcased some thrilling action as the final round of the...Peeping Tom… “The private sector were cheerleaders for foreign investment” Kaieteur News – The cries... more
By Sir Ronald Sanders Kaieteur News – There is an alarming surge in gun-related violence, particularly among younger... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]