DPP to review private criminal charges against Lowenfield

Aug 15, 2020 News

Director of Department of Public Prosecution, Shalimar Ali-Hack, S.C.23

Chief Elections Officer (CEO), Keith Lowenfield

The Director of Public Prosecution (DPP) Shalimar Ali-Hack, S.C, is expected to make a decision by August 24, 2020 on whether or not the private criminal charges will continue against the Chief Elections Officer (CEO) of the Guyana Elections Commission (GECOM), Keith Lowenfield.
Lowenfield yesterday made his second appearance in the Georgetown Magistrates’ Courts before Principal Magistrate Faith McGusty. However, instead of the lawyers disclosing the statements in the matter, Magistrate McGusty gave an adjournment so that they can await the decision of the DPP.
On Monday Lowenfield’s lawyer, Nigel Hughes had written a letter to the DPP asking her to review the charges, take over the prosecution and possibly dismiss the cases. He is also represented by Senior Counsel Neil Boston. The DPP has since met one of the requests from Lowenfield’s lawyer. According to one of the prosecutors, Sanjeev Datadin, the DPP on Thursday sent a letter to them requesting that the files in the matter be sent to her so that she can review the charges and decide if the matter will continue.
The charges leveled against the CEO allege fraud, misconduct in office, and breach of public’s trust. He was released on a total of $450,000 bail.
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; attorney-at-law Sanjeev Datadin has since joined the prosecution.
Lowenfield was not required to plead to the charges, the first of which stated that 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 to plea to the indictable charges that were read to him.

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