Elections Trial: Court bars new statement from witness

The trial into alleged electoral misconduct during the 2020 General and Regional Elections continued on Wednesday before Magistrate Faith McGusty, who ruled against the prosecution’s attempt to introduce a new statement from a witness.

In July, the prosecution applied for further disclosure from witness Daniel Josh Kanhai, who had already provided an initial statement earlier in the trial. The court heard on Wednesday that Kanhai later expanded his recollection in a fresh statement, but the defence objected to its inclusion. After considering the matter, Magistrate McGusty ruled that admitting a new statement at this stage would create “substantial unfairness” to the defence. She directed that the prosecution must rely on Kanhai’s earlier statement.

Also on Wednesday, Rhonda Lam, who contested the 2020 elections as the presidential candidate and leader of The Citizenship Initiative, testified under oath. She was cross-examined by attorney Nigel Hughes.

Lam told the court that while party agents and observers were “vociferous and vocal,” there was only one occasion where another witness in the trial, Jonathan Yearwood, disrupted the work of Returning Officer Clairmont Mingo and was asked to leave. She further stated that objections were raised against Mingo’s decisions and processes, but he persisted despite protests.

During the recount of votes in District Four, Lam said the figures presented before the exercise were inconsistent with the results later revealed. Under questioning by attorney Dexter Todd, she confirmed that GECOM had identified numerous discrepancies, though she was asked not to elaborate.

When asked by Todd if she had evidence of a conspiracy during the 2020 elections, Lam responded: “By virtue of my role as a candidate in that election, I would not have been privy to any such conspiracy.”

During her cross-examination by attorney Ronald Daniels, Lam also disclosed that former Chief Elections Officer Keith Lowenfield had provided her with a 17-page document concerning tabulation results for District Four.

Later on Wednesday, Jonathan Yearwood, a counting agent for A New and United Guyana (ANUG), was examined by Hughes. He admitted he did not lodge a formal complaint with GECOM about the irregularities he observed during the tabulation at the Ashmins Building.

While being cross-examined by attorney Darren Wade, Yearwood said he did not witness the defendants collaborating to falsify results, though he described “unusual” incidents that drew objections from party agents. He denied being involved in any physical altercation, though he acknowledged raising his voice several times.

Meanwhile, the court heard that one of the defendants, Carol Smith-Joseph, who was granted permission to travel overseas for medical treatment, is expected to return to the jurisdiction by September 22, 2025.

Nine individuals are currently before the court, charged with conspiring to manipulate the election results in favour of APNU+AFC in an attempt 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.

The trial continues on Thursday.