ELECTIONS FRAUD TRIAL: Prosecutor, lawyers debate over site visit

The trial into fraud allegedly committed during the March 2020 elections continued on Thursday, with the prosecution and defence attorneys clashing as they sought to agree on conditions for a proposed site visit to key locations mentioned in the evidence presented in the case.

Two important locations, described legally as “locus,” are central to this case: the Ashmins Building, which housed the Guyana Elections Commission (GECOM) Command Centre during the elections, and GECOM headquarters.

The visits were suggested so that parties involved in the trial could get a firsthand look and better understand the evidence given.

This suggestion, initially proposed by the defence, resulted in disagreements between prosecution and defence attorneys when discussed in court on Thursday.

The prosecution proposed that three key witnesses, including local observer Rosalinda Rasul and two other individuals, should be present during the visit.

However, defence attorney Eusi Anderson objected, noting that only Rasul had completed her testimony, which had not yet undergone re-examination by the prosecution.

He also expressed concerns that two of the other proposed witnesses were agents or candidates associated with the PPP.

Presiding Acting Chief Magistrate Faith McGusty suggested that the nine defendants in the case could also be present during the visit. The defence again disagreed, with Anderson informing the court of their desire to have one “impartial” witness—ideally a GECOM staff member who was present during the elections and who understood both the locations and the electoral processes.

After significant back-and-forth discussions, the prosecution cited legal provisions supporting site visits under the Criminal Law (Procedure) Act.

Taking both sides’ arguments into account, Magistrate McGusty ruled that the visits would only take place once all relevant witnesses had completed their testimony.

“If the witnesses go on until December, then we will go,” the magistrate informed the court.

Nine individuals are currently before the court, charged with conspiring to manipulate the election results in favour of APNU+AFC, thereby seeking to deny victory to the PPP. Those charged include former government minister Volda Lawrence, former Chief Elections Officer Keith Lowenfield, former Region Four Returning Officer Clairmont Mingo, and former Deputy Chief Elections Officer Roxanne Myers, among others.

After days of cross-examination, Rasul concluded her testimony on Thursday. A second witness, Sonia Parag, was scheduled to testify next. However, the court was informed of an emergency, resulting in an adjournment.

The trial will continue on 20 May.

The controversy surrounding the March 2020 elections delayed the results for five months until PPP candidate Irfaan Ali was sworn in as president in August 2020.