GECOM can fire Lowenfield and appoint new CEO – PPP
See below statement issued by the People’s Progressive Party:
In what may possibly be his final fraudulent act, Keith Lowenfield has presented another perverse Report to the Guyana Election Commission, this time using Clairmont Mingo’s fictitious results for Electoral District number four (4).
This is exactly what the Rigging Cabal has been calling for since Mingo made his fraudulent declarations on March 5th and March 13th, 2020. The Rigging Cabal, including the Government’s three (3) Commissioners at GECOM, are now shamelessly arguing that the Caribbean Court of Justice in its Judgment in the Eslyn David case, invalidated the Recount Order and the Recount Process.
Of course, the Judgment contains no such pronouncement. In fact, the Court thoroughly examined the Recount Order and endorsed the Recount Process, making it clear throughout the Judgment that it is the results produced by the Recount Process that must be used by the Chief Elections Officer. The only Orders granted by the Caribbean Court of Justice are as follows:
“ (a) Special leave is granted to the Applicants to appeal the decision of the Court of Appeal dated 22 June 2020;
(b) The Appeal of the Appellant is allowed; and
(c) The said decision of the Court Of Appeal was made without jurisdiction, is invalid and of no effect.
The Court declares that the report of the Chief Elections Officer of 23 June 2020 is similarly of no effect.”
Therefore, only a demented mind can interpret the Caribbean Court of Justice’s ruling as invalidating the National Recount Process.
Lowenfield’s conduct not only amounts to gross insubordination and an egregious dereliction of his duty but his report constitutes intentional fraud in that he included numbers which he knows to be fraudulent and fictitious.
For example, he tabulated the ten (10) Certificates of Recount and submitted in a previous Report to the Commission 460,352 as the total valid votes cast and in the fraudulent Report now submitted to the Commission, he states that the total number of valid votes is 479,118, a difference of nearly twenty thousand votes, and this is only the tip of the iceberg.
Article 162(1)(b) of the Constitution adequately empowers the Commission to, “issue such instructions and take such actions as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provision of this Constitution or any Act of Parliament on the part of persons exercising powers or performing duties connected with” the Electoral Process.
Further, Article 161 (a) provides, “the Elections Commission shall be responsible for the efficient functioning of the Secretariat of the Commission, which shall comprise the officers and employees of the Commission, and for the appointment of all the staff to the offices thereof inclusive of all temporary staff, recruited for the purposes of boundary demarcation, registrations of persons and elections and shall have the power to remove and to exercise disciplinary control over such staff.”
The Representation of the People Act defines an Election Officer as:
“ (a) the Chief Election Officer,
(b) the Deputy Chief Election Officer
(c) a returning officer;
(d) a deputy returning officer;
(e) an election clerk;
(f) a presiding officer;
(g) a poll clerk;”
Therefore, GECOM has a constitutional mandate and duty to dismiss Lowenfield forthwith, for his fraudulent conduct, his dereliction from duty and his vile insubordination and to immediately appoint another Chief Elections Officer to carry out its directions contained in its various letters to Lowenfield.
Our information is that the Rigging Cabal is actively Judge shopping in their efforts to get some form of judicial assistance to execute their illegal, fraudulent design to defeat the will of the Electorate and steal the next Government. No Court can direct the Commission on how to perform its functions nor can usurp the functions of the Commission, once the Commission acts intra vires its constitutional mandate. We call upon the Judiciary not to allow its processes to be abused and manipulated to perpetrate a fraud upon the Guyanese Electorate. The highest Court in our Judiciary has pronounced on this matter and concluded its Judgment with the following words, “Now the law must run its course.”
People’s Progressive Party
July 11th, 2020.