Lowenfield tendered ballot papers as evidence in Misenga Jones case

Jul 21, 2020 News

By Shikema Dey

Guyana’s Chief Elections Officer (CEO) Keith Lowenfield had tendered a total of seven actual ballot papers used in the March 2 Elections as supporting evidence in the just concluded Misenga Jones litigation in the High Court.

Chief Elections Officer, Keith Lowenfield

Although, the Chief Justice, Roxane George Wiltshire (ag) refused to accept the ballots Lowenfield submitted as evidence in the case, questions arise as to how the CEO got possession of the ballots as such an occurrence should not lawfully be allowed.
Making his case, Lowenfield in his affidavit seen by this publication, made several arguments to support his contention that the report he submitted on July 11, is in fact the accurate report consistent with Section 96 of the Representation of the People Act (ROPA).
Through his Attorney, Neil Boston, Lowenfield claimed that the total valid votes as recorded on the Certificates of Recount did not reflect what was recorded by the Presiding Officers (POs) on March 2, due to the assorted directives passed by the Elections Commission during the National Recount.
The CEO claimed that the approach by the Commission was “inconsistent” with the procedures set out in the ROPA and the official manual for POs and other polling day staff. He then referenced the ballot papers “Exhibit A1-5” that were attached, as clear examples of that variance.
Copies of those ballot papers seen by Kaieteur News showed instances where it was claimed that the Chair validated the votes because the intent of the voter was clearly shown.
Those six ballots carried an “X” marked in two places, the voter’s initials along with smudges. Dates were attached to the ballots with the note “Invalid vote deemed valid; Voter intention clear – Madam Chair.”
Lowenfield argued that the “Basket of Issues” created by the Elections Commission to tackle day-to-day issues at the recount stations, was amended to accept ballots with smudges / erasures as long as the voter’s intention appeared to be clear.
He then mentioned that the ballot shown as “Exhibit C” was deemed “invalid” by the GECOM Chair, Retired Justice Claudette Singh, despite the intention of the voter being clear and Commissioners arguing against it.
That ballot paper carried smudge and a clearly marked “X” along with a date and the note “Copy invalid, marked for more than 1 LOC.”
The CEO contended that there was “inconsistent” application of the new rules “depending on the argument proffered or the officials involved.

Copies of the ballots submitted by Lowenfield as evidence

In his affidavit, Lowenfield attached a table where he claimed that a total of 572 rejected ballots from the March 2 Elections were deemed valid and 319 ballots were invalidated during the recount process.
“The Commission’s instructions changed from one day to the next,” he said “depending on the questions that arose during the recount.” Further, he added that there was “no strict adherence” to the procedure for determining valid votes as spelled out in Section 84 (6) of the ROPA Cap 1:03.
The CEO pointed to the Basket of Issues where the definition of a valid vote was changed. Initially, the Commission said on May 6 that a vote is considered valid once the intent of the voter is clear however, that definition was revised to accept ballots with smudges and erasures once the voter intent is clear.
Additionally, Lowenfield claimed that the Caribbean Court of Justice (CCJ) did not say that the results of the recount are to form the basis of his report; rather it said, “It is for GECOM to ensure that the elections results are swiftly declared on accordance with the laws of Guyana.”
It was against that backdrop that the CEO claimed the report he tendered to the Commission on July 11 is official report, one that is consistent with Section 96 of the ROPA. That report contained the fraudulent declarations made by controversial Returning Officer Clairmont Mingo on March 13. Those declarations were thrown out by the Chair because of the fraud committed by Mingo, including the inflation of the total number of votes cast to more than 15,000 above the total ballots actually found and counted during the national recount.
Lowenfield in his July 11 report put the total valid votes cast as 475,118, giving 236,777 votes to the A Partnership for National Unity + Alliance For Change Coalition and 229,330 votes to the People’s Progressive Party.
Those figures give the Coalition the 33-seat majority in Parliament with 31 going to the PPP while the three-party joinder, A New And United Guyana, the Liberty and Justice Party and The New Movement received one seat.
The accurate figures from the recount to be used for the declarations however, show a win for the PPP with 233,336 valid votes while 217,920 valid votes went to the Coalition. A total of 560,362 valid votes were cast. With the recount figures, the PPP would have 33 seats in Parliament, the Coalition 31, with the joinder retaining their single seat.
Questions quickly emerged from varying stakeholders who inquired how the CEO got his hands on the ballot papers. GECOM Commissioner Sase Gunraj, when asked, disclosed to Kaieteur News that Lowenfield may have acquired the ballots during the National Recount and made copies while they were under consideration. That act, according to Gunraj should not have occurred.
During the Oral arguments in the Misenga Jones case on Friday last, Attorney for The Citizenship Initiative (TCI) and Change Guyana, Kashir Khan pointed to the Chief Justice that the CEO had tendered actual ballots as evidence but that was quickly shot down by the CJ who dismissed it forthwith.
She said “That is why at the very beginning, I said and I am going to state it again categorically, I am not going to be considering any of that kind of evidence. That is not germane to the issues I have to look after. That’s the end of that.”