PPP/Civic files cross petition to PNC appeal
The People's Progressive Party/Civic has filed a cross-petition to the appeal against the decision of Chief Justice, Desiree Bernard, to dismiss an application for writs of Certiorari against the chairman of the Elections Commission, the Chancellor of the Judiciary and President Janet Jagan. The appeal was filed last month by Rex McKay, SC, on behalf of General Secretary of the People's National Congress (PNC), who had applied for the writs. In papers filed with the Court of Appeal on January 27, on behalf of PPP/Civic General Secretary, Donald Ramoutar, Derek Jagan, SC, contended that the Chief Justice's decision on January 12, to decline jurisdiction and discharging the orders nisi of certiorari and prohibition she had made on December 19, should be affirmed on additional grounds. He also contended that the part of the Chief Justice's decision in which she made no order as to costs should be varied to award cost to the respondents. Jagan cited seven additional grounds on which he contended the Chief Justice's decision should be affirmed, all of which he had raised as preliminary objections at the hearing and the Chief Justice had overruled. Some of these grounds were that the notice of motion was filed without leave of the court as required by the rules of the court; there had been no record of reasons before the court from which it could have made a determination whether or not certiorari could lie; and that certiorari did not lie against the chairman of the Elections Commission for the act of declaring that Mrs Jagan was the winner of the presidential elections. In support of his petition for the award, in relation to costs being varied, Jagan contended that the Chief Justice wrongly exercised her discretion in failing to make an order that the applicant pays the respondent's costs, so that costs followed the event. In her judgement delivered on January l2, Chief Justice Bernard agreed with the submission of counsel for the defendants led by Jagan, that the jurisdiction of the court had been precluded by the provisions of Article l77(6), generally described as an "ouster clause". At the hearing of the motion in January, Jagan was associated with Ralph Ramkarran, SC, and Rajendra Poonai for the PPP/Civic, after the Chief Justice accepted an application filed by Donald Ramotar on behalf of the PPP/Civic, on the ground that the party would be affected by any decision made by the court. 
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