Lowenfield released on $450,000 bail for fraud charges

Jul 25, 2020 News

Chief Elections Officer (CEO) of the Guyana Elections Commission (GECOM), Keith Lowenfield, yesterday made his first court appearance to answer to three private criminal charges: fraud, misconduct in office, and breach of public’s trust. He was released on a total of $450,000, and is expected to make his next court appearance on August 14, 2020.

(From left) Attorney-at-law, Mark Conway; Dr. Daniel Josh Kanhai, Desmond Morian and attorney-at-law Glenn Hanoman.

Senior Counsel, Neil Boston, and Chief Elections Officer (CEO), Keith Lowenfield leaving court yesterday.

Lowenfield was yesterday arraigned before Principal Magistrate Faith McGusty in the Georgetown Magistrates’ Courts, with his lawyers, Nigel Hughes and Senior Counsel, Neil Boston.
The charges were brought by Opposition People’s Progressive Party (PPP) member Desmond Morian and The New Movement Party (TNM) executive Dr. Daniel Josh Kanhai. Morian is represented by attorney-at-law Glenn Hanoman while Kanhai is represented by Mark Conway and George Thomas.
Initially, Lowenfield was expected to make his first court appearance on July 3, 2020. However, after he failed to appear in court, Hanoman explained to the Magistrate that the court bailiff made several attempts to serve him with the private criminal charges, all of which ended in vain since the GECOM CEO kept evading the notice. As a result, the Magistrate issued a summons for the CEO to appear in court, which was eventually served on Thursday, last.
According to the first charge, it is alleged that Lowenfield, between the 5th day of March and 23rd day of June, 2020, at Georgetown, conspired with person(s) unknown to commit the common law offence of fraud, to wit, by representing to the Guyana Elections Commission that tables attached to his Election Report dated 23rd June, 2020, accurately reflected the true results of the said election, in order to materially alter the results of the said election, with intent to defraud, knowing the said tabulation to be false.
The second charge stated that between the 5th day of March and 23rd day of June, 2020, while performing his duty as the Chief Elections Officer of The Guyana Elections Commission, without lawful excuse or justification, willfully misconducted himself at Georgetown, by ascertaining results of the 2nd March, 2020 General and Regional Elections for Guyana knowing the said results to be false, the said willful misconduct amounting to a breach of the public’s trust in the Office of the Chief Elections Officer of the Guyana Elections Commission.
The third charge alleges that Lowenfield accepted falsified figures from the District Four Returning Officer Clairmont Mingo, knowing that the said figures do not match the results from the National Recount. The particulars of that charge allege that Lowenfield, between the 5th day of March and 23rd day of June, 2020, at Georgetown, conspired with person(s) unknown to commit common law fraud, to wit, by representing to the Guyana Elections Commission, that tables attached to his Election Report dated 14th day of March, 2020 accurately reflected the true results of the said election, in order to materially alter the results of the said election, with intent to defraud, knowing the said tabulation to be false. He was not required plea to the indictable charges that were read to him.
Principal Magistrate McGusty granted Lowenfield bail in the sum of $150,000 for each charge, even as Hughes had asked that his client be released on self bail, since he is the CEO of the GECOM. Glenn Hanoman in an interview with this paper said that he had made no objection to bail being granted to Lowenfield but asked for it to be granted in a substantial amount. He also raised concerns about the CEO still being employed with the Guyana GECOM since he is the custodian of the entity and has access to important documents and witnesses that can be used as evidence against him. Hanoman also asked for the CEO to lodge his travel documents, but this request was denied by the magistrate.

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