Police slap Mingo with several charges; Court again refuses to release him

Aug 30, 2020 News

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By Shikema Dey

Investigations into the protracted March 2, 2020 General and Regional Elections have escalated with the Guyana Police Force (GPF) instituting several charges on controversial Region Four Returning Officer, Clairmont Mingo.

Acting Chief Justice Rishi Persaud on Friday had granted the police a 24-hour extension to further hold Mingo but that period had expired at 2:30pm on Saturday, when Mingo was expected to be released.
The conditions of the release would be that Mingo must report to Police Officers, Mitchell Caesar, Nigel Stephens and/or Rodwell Sarrabo or the next senior officer at the CID Headquarters Eve Leary, Kingston, Georgetown at 9:00 am daily with effect from today.
He was also ordered to lodge his passport with the CID headquarters, and to report any change of residence to one of the officers mentioned.
When his Attorney-at-Law, Darren Wade, turned up at CID with his passport in hand, however, he was told that Mingo was slapped with several charges and was not being released.
No details of the charges were provided.
However, the Attorney General Chambers disclosed, in a statement that Wade filed a Fixed Date Application (Urgent and made with Notice) yesterday.

The lawyer came armed with an Affidavit in Support of Application sworn to yesterday directed to the Commissioner of Police calling for the release of Mingo.
The application was heard by Justice Rishi Persaud, the Chief Justice (ag) at 16:45 hours.
According to the AG Chamber, Wade and attorney-at-law, Roysdale Forde,SC, appeared for Mingo.
Attorney General, Mohabir Nandlall appeared in person for the hearing. Teriq Mohamed, State Counsel, appeared for and on behalf of the Director of Public Prosecutions.
According to the AG Chambers, it will be recalled that on Friday, the judge had granted an
extension to hold Mingo another 24 hours. That time expired yesterday at 14:30hrs.
“Prior to the expiration of that extension, the police read four charges to Mr. Mingo. The police are ready to take Mr. Mingo to court and will do so on Monday. Due to these charges being read to Mr. Mingo it in effect caused the Order dated the 28th of August 2020, to be ‘spent.’” The AG Chambers explained.
Yesterday, Justice Persaud pointed out that order was spent the moment the charges were read to Mr. Mingo and that it is now within the realm of the Magistrate’s Court to deal with the matter.
The AG the “explained to the court that the Habeas Corpus Application was misconceived and it was wasting the court’s time and effort. The Attorney General lamented that attorneys-at-law must advise themselves on the law and the facts before activating the court’s process.”
Nandlall, according to the statement from his office, reminded the Court that it was only Friday that a similar, “misconceived” application was filed, which “Mr. Wade, himself, conceded was of academic importance”
Justice Persaud as such dismissed the application yesterday.
The police had come under heavy criticisms for their alleged treatment of Mingo at the time of his arrest.
Former Public Security Minister, Khemraj Ramjattan, shared his thoughts on the controversy surrounding Mingo’s arrest and stated that high displays of unprofessionalism are evident.
He added: “Investigations in all manner of matters could be done, but please I urge, do not bully suspects, do your jobs professionally and in accordance with the judges’ rules and you know that they are gradients of offense, there will be ones like murder and rape and terrorism that you can treat with more seriousness but gosh you got a 69-year-old man there on the bench, not allowing his lawyers to speak to him…highly unprofessional.”
Wade, according to reports, filed another application with the High Court to order Mingo’s release.
Carolyn Duncan, one of Mingo’s assistant was the only person who was released on $100,000 unconditional bail.
Mingo’s two other assistants, however, remain in custody.
Meanwhile, the Citizenship Initiative (T.C.I) yesterday requested from the GPF and the Director of Public Prosecutions (DPP) an official statement on the arrest and continued detainment of Mingo and others.
Citing the concerns from published media reports, TCI said: “While we understand the charges of electoral fraud as presented at the March 2 General and Regional Elections are serious in nature, we would like to remind all that the rights of our citizens are paramount and they must be afforded equal protection and timely access to legal counsel.”
“We are cognizant of the fact that The District 4 Returning Officer has now been charged but at least 3 of the 4 remaining detainees have surpassed their 72 hour hold period and as such, we are requesting an update on the status of these detainees,” the party said.
The police are investigating allegations that Mingo produced two sets of fraudulent figures on separate occasions that placed the incumbent Coalition in the lead for the March 2 elections.
However, the count and a recount both indicated that the PPP/C had won the elections by a clear margin of 15,000-plus votes.
The actions of Mingo was caught on camera in the presence of local and international observers and political parties representatives.
Chief Elections Officer, Keith Lowenfield, as well as Chair of the People’s National Congress Reform, Volda Lawrence, a former Health Minister, are before the courts now on private criminal charges in relation to the elections.
The country was in limbo for five months with the PPP/C only taking office this month after several court cases.
There have been calls for a full probe of the post-elections crisis with criminal charges.

 

 

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