GECOM IT Technician arrested as probe continues

Aug 28, 2020 News

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– Mingo remains in custody

By Shikema Dey

As the probe into the protracted March 2, 2020 General and Regional Elections continues, investigators have moved to arrest Enrique Livan, the Guyana Elections Commission (GECOM) IT Technician who was fingered in the USB flash drive scandal surrounding tabulations back on March 4.

Crime Chief Wendell Blanhum confirmed to Kaieteur News that Livan was taken into police custody early Thursday morning.
His arrest comes days after controversial District Four Returning Officer, Clairmont Mingo, found himself in police custody some five months after his disappearance on March 15.
Three GECOM staffers, including Carolyn Duncan, an assistant, were also arrested and are still in police custody.
Livan was at the centre of allegations during the derailed tabulations of the District Four count at the GECOM Media Centre in the Ashmin’s Building on High Street on the night of March 4.
As was previously reported, Livan was accused of being in cohorts with the Returning Officer after he removed two integral pieces of technology needed for tabulations- a USB flash drive and laptop.
That evening, when tabulations were halted, two GECOM staffers were tasked with continuing the process.
Later on after the staffers complained of feeling unwell, Livan abruptly halted tabulations again and retired to a room with the laptop and USB flash drive, causing party agents and observers to become concerned and the police were called in.
On the very next day, Mingo made his first fraudulent pair of declarations for District Four that were later struck down by the court.
It should be noted that Livan was also given a promotion during the National Recount.
GECOM had promoted the IT Technician to the status of supervisor of a Counting Station for Region 10, a move that did not bode well with a number of party agents, political parties and observers who expressed no confidence in Livan to carry out his duties in a transparent manner.
Mingo asks High Court for his release
By way of a writ of habeas corpus, Mingo, who was seen in handcuffs at the police’s CID offices, Eve Leary, yesterday asked the High Court to grant his release from prison on the grounds that he is being unlawfully detained.
In the document filed by attorneys-at-law Roysdale Forde,SC, and Darren Wade, on behalf of Mingo’s wife, Waveney, the Returning Officer requested that the Commissioner of Police, Nigel Hoppie, appear before the Judge, for the court to determine whether the detention is lawful or not.
Mrs. Mingo is alleging that that police are in breach of her husband’s fundamental rights and liberty, and that her husband is being detained without lawful excuse.
Making her case, the woman stated that her husband is not a flight risk and has had no prior convictions.
Further, she alleged that the police on Tuesday evening when they came to arrest her husband; while they had in their possession a search warrant, it was not presented to her nor Mingo.
That act itself, constituted a violation of her husband’s constitutional right.
Mingo’s rights were not breached – GPF
The Guyana Police Force (GPF) sought to deny claims put forward by Mingo’s legal representatives that his constitutional rights were breached at the time of his arrest.
Attorneys-at-Law, Darren Wade and Senior Counsel Roysdale Forde vehemently protested the actions of the police relating to the treatment of their client.
The duo vented their frustrations to the media at the CID at Eve Leary where Mingo and cohorts are being held, alleging that Mingo was questioned without legal counsel. Forde had explained that his client when being questioned, repeatedly insisted that his lawyers be present.
However, this was not granted.
“After a couple of minutes,” he said, “the police quite belated recognized that Mr. Mingo has in fact legal rights; at that point, they allowed Mr. Wade to have a conference with him.”
However, in a release from the Commissioner’s office, the Force made it clear that what was being presented was “far from the truth.”
In offering an explanation, the Force said that shortly after Mingo arrived at the CID Headquarters, Eve Leary, an attorney, Darren Wade turned up and demanded an immediate conference with Mingo whom he said was his client.
The police rank on duty, they said, directed Wade to a designated area where access to his client would be granted after the rank had completed making the necessary entries in the police records.
However, instead of waiting in the area indicated and without any explanation, the Force claimed that Wade immediately left the CID Headquarters compound and met with several members of the media on the road way, where he spoke with them and during which he proceeded to make “some false allegations.”
“Noteworthy, however, is the fact that after this, the Attorney returned into the CID Headquarters where he met with his client Mr. Mingo,” the release said.
The Force made it clear that they remain “ready, able and willing” to engage with attorneys to ensure that their constitutional rights and those persons who they represent are respected at all times and that there is due process.
However, the Force noted that it is their expectation that Attorneys-at-Law conduct themselves professionally and “with a due sense of responsibility in keeping with the ethical standard required of the legal profession.”
“Unfortunately that expected level of professionalism was not evident in this instance.”
The Force added that there are designated areas at police locations, which allow privilege conversations.
“Consequently,” they continued, “member of the public and of the Legal Profession who engage members of the GPF at any Police Location ought to follow the directions of any Police Rank/Ranks on duty as it relates to access to persons in Police custody.”

 

 

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