The commencement of the trial in the elections fraud case remains a pending matter in the Georgetown Magistrates’ Court. When the case came up for reports on Tuesday it was further put off to May 29 at 10:00 hrs.
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 is yet to commence.
Defence Attorney Nigel Hughes reported that the constitutional proceedings in the High Court were still ongoing.
While written submissions have already been made, oral arguments before Chief Justice (ag) Roxane George is set for May 13 after which the parties will have to await a ruling.
As Chief Magistrate (ag) Lerone Daly awaits the outcome of the matter in the upper court, the substantive matter in the Magistrates’ Court is now further put off to May 29.
There is no guarantee that the Chief Justice will rule by then and even if she does, whether the two sides will accept the ruling without an appeal.
The trial was expected to early in March but a last-minute request from Hughes forced the Magistrate Daly to put a pause on the proceedings before her to refer constitutional considerations to the High Court for deliberation and a decision.
Hughes had 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 client’s claim that they conducted themselves professionally and executed decisions taken at the level of the Commission.
When 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, the matter was sent to the High Court.
Former District Four (Demerara-Mahaica) Returning Officer Clairmont Mingo; Former Deputy Chief Elections Officer Roxanne Myers and former Chief Elections Officer Keith Lowenfield are among those charged.
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.
Since these Election Cases has been bouncing around in the Magistrate’s court for over 3 years with no sight
at the end of the TUNNEL… I now ask for the 2025 General Election be postponed further indefinitely, that is, until the end of these “election cases”. Theory: No end to these case- no election until they are completed.
Time for the Judicial Service Commission to put their feet down on these compromised Magistrates and Judges. This shenanigans system must stop now. With these compromised persons Guyana will never move lawfully.