Chief Justice of Guyana Roxanne George-Wiltshire will rule on Sunday whether or not the High Court of Guyana has the power to stop the Guyana Election Commission (GECOM) from declaring the results of Monday's election.
George-Wiltshire's ruling is expected to be given at 1.30 pm at courtroom one of the Guyana High Court.
On Friday lawyers associated with the Opposition People's Partnership Party/Civic (PPP/C) secured an injunction against GECOM, the Chief Elections Officer Keith Lowenfield and the Returning Officer for Region Four Clairmont Mingo.
The injunction was issued by Justice Navindra Singh.
But Saturday, when the injunction was brought before George-Wiltshire, Senior Counsel Neil Boston questioned whether the High Court had the jurisdiction to even hear the matter.
Boston told the court that according to Section 5 of Guyana's National Assembly (Validity of Elections Act) an election petition is the proper avenue to address the concerns about the election.
He said according to the act, an election petition could be presented within 28 days after the results of an election are announced.
Boston said the results of the election have already been announced and, therefore, the election petition and not the court is the way to go.
On Thursday a declaration was signed off by Mingo putting APNU+AFC in the lead to take the seat of government.
Boston said the Constitution of the Cooperative Republic of Guyana did not contemplate there should be two attacks—a judicial review and an election petition.
"This is not a two-stage process," Boston told the court.
Senior Counsel Douglas Mendes, who was flown in from T&T to lead the team that brought the injunction, however, said the issue at hand was not the results of the election but rather the process of the election.
Ironically, Mendes said in 2001 some of the attorneys on the PPP/C legal team brought a similar argument to the one being used by Boston now when Joseph Hamilton approached the court calling for an election verification process be done.
Mendes said then chief justice Desiree Bernard ordered the verification.
The argument used was that the verification could only come by an election petition, but Bernard ruled against it.
Mendes said in that ruling Bernard clarified what cases should be brought by an election petition.
After Mendes finished addressing the court a female in the public gallery began to clap.
George-Wiltshire ordered that the clapper be escorted out of the courtroom.
Initially, the hearing of the injunction began around 10.40 am Saturday but was eventually adjourned to 1.30 pm for Mendes and his legal team to file affidavits to the court.
The matter ended around 4.30 pm Saturday.
APNU supports jeering at PPP/C supporters attorneys
Supporters of the ruling Partnership For National Unity and Alliance For Change waited outside the High Court until the matter ended for the day.
They jeered the attorneys and supporters of the PPP/C.
The streets surrounding the Guyana High Court were guarded by uniformed police officers.
At 7.40 pm on Friday Guyana police officers shot dead an 18-year-old protester who chopped two of their colleagues.
There have been some protest action in communities scattered across Guyana following Monday's general election.
Seedat "Devon" Hansraj was shot dead in West Coast Berbice
According to police reports Hansraj was among a group of people armed with cutlasses, pieces of wood and iron who attacked officers along the Cotton Tree Public Road.
Hansraj allegedly chopped two police officers, identified as Sgt Ibaran and Constable Fraser, during the melee.
Hansraj was shot dead in self-defence said the police.
A third officer, identified as Constable Grant was also assaulted by protesters.
All three police officers were subsequently taken to the New Amsterdam Public Hospital for treatment.
They were listed in a stable condition.
Police have linked the attack to the current string of protests across the country to the inability of the GECOM to declare the election results.
Both the APNU+AFC and the PPP/C have called for calm by their supporters.
The Guyana Police Force yesterday said it was considering deploying an armoured vehicle recently purchased to deal with the recent increases in violence to people and damage to buildings being reported.
"When protest activities degenerate into public disorder, infringing on the rights of other citizens and putting the protection of life and the safeguard of property at risk, the Guyana Police Force will, as a consequence, take appropriate and condign action against all offenders," it said in a release.
RC Bishop: Price to high to pay for a national election
President David Granger yesterday attended the 75th birthday for Bishop John Smith of the Central Assembly of God Church.
The event was held at the Ramada Princess Hotel, Providence, East Bank Demerara.
The Roman Catholic Bishop of Georgetown Francis Alleyne said the situation in Guyana was too high a price to pay for an election.
"People are dying, people are being wounded, children are being traumatised, property is being destroyed, the nation is gripped in fear. This is much too high a cost for a national election and for a nation at any time. There are no words strong enough to express the gravity of the situation and the urgency for it to end," Alleyne stated.
"To all accounts the way forward for the restoration of peace and hope rests with a small group of persons who have been tasked with managing the whole election process. I add my voice to the many others in making strong appeal to the Guyana Elections Commission to expeditiously complete the verification process towards the transparent, formal and lawful declaration of results."