Election fraud case paused as Magistrate refers ‘constitutional considerations’ to High Court
The trial in the elections fraud case is now further delayed, three years after charges were first brought against a total of seven persons employed by the Guyana Elections Commission (GECOM) and two politicians.
The trial was expected to start on Monday, but a last-minute request from defence attorney Nigel Hughes has now forced the presiding Magistrate, Lerone Daly, to put a pause on the proceedings before her as constitutional considerations have now been referred to the High Court for deliberation and a decision.
On Monday, Hughes requested copies of the minutes of meetings held by GECOM – leading up to, during and after the March 02, 2020 elections – and documentation of all decisions taken.
Hughes argued that this would help him advance his clients’ claim that they conducted themselves professionally and executed decisions taken at the level of the Commission.
Special Prosecutor Darshan Ramdhani, KC, who is leading the state’s evidence in the case argued that Section 142 of the Representation of the People’s Act prohibits the disclosure of the documents.
But up against arguments from Hughes that the prohibition is unconstitutional and robs his clients of a fair hearing, Magistrate Daly on Wednesday referred the matter to the High Court.
But seemingly interested on starting the trial, Ramdhani argued that since the matter only affects three witnesses – former District Four (Demerara-Mahaica) Returning Officer Clairmont Mingo; Former Deputy Chief Elections Officer Roxanne Myers and former Chief Elections Officer Keith Lowenfield – the trial should continue in the Magistrate’s Court until the High Court offers a ruling.
Magistrate Daly said there is no case law to support that and did not allow it. The matter is adjourned in the Magistrate’s Court until April 02, 2024 when the two sides will report on what has transpired in the High Court.
Other GECOM staff facing charges are Sheffern February, Enrique Livan, Denise Bobb-Cummings and Michelle Miller, for allegedly defrauding the electors of Guyana by declaring a false account of votes for the 2020 General and Regional Elections.
Two politicians, former People’s National Congress/Reform (PNC/R) Chairperson Volda Lawrence and PNC/R activist Carol Smith-Joseph are also charged.
It is alleged that the defendants inflated or facilitated the inflation of results for Region Four, the country’s largest voting district, to give the APNU+AFC coalition a majority win at the polls when, in fact, the People’s Progressive Party/Civic (PPP/C) had won by 15,000 votes.
A lengthy recount of the votes eventually declared victory in favour of the PPP/C, and Dr. Irfaan Ali was sworn in as the President of Guyana.
