Clash between lawyer, prosecutor forced abrupt adjournment in election fraud trial

Wednesday’s proceedings in the ongoing trial into the March 2020 General and Regional Elections came to an abrupt adjournment after a heated exchange erupted between defence attorney, Eusi Anderson and prosecutor King’s Counsel Thomas Astaphan.

The day’s hearing began with Registrar of the High Court, Sueanna Lovell continuing her testimony before the court.

The trial, which resumed on Monday following a brief recess, has over the past days seen the tendering of numerous election-related documents into evidence, including Statements of Poll, Statements of Recount, tally sheets and observation reports.

These documents were referenced during evidence previously given by Lovell and Criminal Investigation Department (CID) rank Nigel Stephen, who testified on Monday.

Lovell concluded her evidence on Wednesday. So the court moved on to cross-examination. However, defence attorneys were absent from the courtroom and they were not on the virtual platform.

Acting chief magistrate Faith McGusty then proceeded to ask the defendants counsel individually to cross-examine Lovell, if they had any questions. During this, Carol Smith-Joseph requested a few minutes to contact one of the lawyers. However, the magistrate noted that the hearing dates had been set in advance and attorneys were expected to be present.

So the proceeding continued. One defendant, Enrique Livan, though present virtually earlier, was absent, while another, Michelle Miller, had been excused by the court to take her mother to the hospital.

After being contacted by Smith-Joseph, Anderson joined the proceedings virtually. Due to poor internet connectivity, he requested time to get from the High Court before commencing his cross-examination of Lovell.

During questioning, tensions flared when Anderson alleged that Astaphan had interrupted him before he could complete a question. Anderson further claimed that Astaphan called him, among other things, rude and told him to “know his place.”

The exchange quickly escalated, with both attorneys standing and addressing the court. Despite efforts by the magistrate to restore order, the confrontation continued.

As a result, the magistrate announced that proceedings would resume on Thursday and directed that the court rise, effectively adjourning the matter.

The trial, which has been ongoing since 2024, is being conducted under case management guidelines, with hearing dates fixed in advance. Several key witnesses are still expected to testify.

Nine individuals are currently before the court charged with conspiring to manipulate the results of the March 2020 elections in favour of the APNU+AFC coalition, in an attempt to deny victory to the PPP.

The trial is scheduled to continue on Thursday.