Information Technology Officer Enrique Livan, who was involved in a flash drive scandal on March 5 at the Ashmin’s Building in Georgetown during the plot to derail the electoral process, has been charged by the Police three days after he was arrested, his lawyer Eusi Anderson revealed Sunday night.
In a statement, Anderson said his client was charged with one offence of fraud relating to the March 2 general and regional elections and he has denied the allegation.
Anderson said he hopes his client is brought before the court on Monday as he noted that Livan continues to be questioned by the Police without legal presentation present.
Livan was held by Police at a shop in the vicinity of the Guyana Elections Commission (GECOM) in Kingston, Georgetown just before lunch on Thursday last.
Livan was promoted by Chief Elections Officer Keith Lowenfield to perform the duties of a supervisor at one of the stations for District Four during the national vote recount despite questions over his involvement in one of the scandals that saw the collapse of the legal system for the tabulation of the vote count in that very district.
See below full statement issued by the Attorney:
My client Enrique Livan has authorised me to issue the following statement on his behalf.
On the night of Thursday 27th August, 2020 he was questioned by several ranks of the GPF around 9pm for around 20 minutes. He asked for his lawyer Eusi Anderson to be present and to be permitted to call his lawyer. He was told his lawyer is unavailable and that the Guyana Police Force does not work with his lawyer.
As his Attorney I state without reservation that no one called me on the night of Thursday, August 27th 2020 to invite me to attend to Mr. Livan. He was asked a number of questions pertaining to his role in the March 2020 General and Regional Elections. During the 20 minutes of questioning he was told among other things- ‘save yourself’, ‘is not you we really want’, ‘we want the head of the snake’, ‘ you will never rise to the head of GECOM so tell us what we need to know’, ‘you will be 42 years old by the time you come out of prison it is not too late to save yourself’.
He was shown several laws of Guyana and pointed to sections for offences he could be charged and the sentences they carry. Notwithstanding this or the pressure of 5 officers questioning him on an empty stomach at 9 pm in the dark of night, Mr. Livan renewed his offer to the police of considering submission of a statement should he receive their questions in writing. He first made this offer on 27th August, 2020 and each time he made it the police rejected it.
Today 30th August, 2020, Mr. Livan participated in a confrontation with the Honourable Minister of Home Affairs Robeson Benn at CID Headquarters where he was asked to respond to the Minister’s version of events. He denied all allegations and protested his innocence.
Today one charge of fraud was read to him and he denied that allegation.
Today at 12:30 his 72 hours of detention expired and it is hoped that with the charge read he can be brought to Court on Monday 31st August, 2020.
Today he was informed that his cell phone will be returned to him after it was finished ‘processing’. This you recall is the cell phone that he was asked to unlock and hand over upon his arrest.
Yesterday 29th August, 2020 he was told that the only way he would be allowed to speak to his Attorney is if he provided a landline number for his Attorney.
Throughout his arrest and during the multiple interviews done Mr. Livan has asked the police to reduce their questions into writing such that he can take advice before considering offering an answer in the form of a statement.
Any suggestion that he is not cooperating must confront the truth of this offer made and the fact that he continues to sit in at interviews and confrontations against his will even after the egregious violations of his constitutional rights.
Without question, Mr. Livan’s example of offering help despite violation and statements even after being lied to and denied access to his Counsel is worthy of applause but not emulation. We hope the Courts will intervene to telegraph a strong message that this conduct is reprehensible.
Law Office of Eusi Anderson Esq.
30th August, 2020.
