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Oct 29, 2020 News
Kaieteur News – The Office of the Department of Public Prosecutions (DPP) is expected to correct the fiat for the six attorneys-at-law who were selected to prosecute the persons accused of electoral fraud committed during the March 2, 2020, General and Regional Elections, and the events that followed.
As the probe continues into the allegations of electoral fraud, the chairperson for People’s National Congress, Volda Lawrence; Region Four Returning Officer, Clairmont Mingo, and A Partnership for National Unity + Alliance For Change (APNU+AFC) activist, Carol Joseph-Smith, yesterday morning made another appearance in the Georgetown Magistrates’ Courts for the continuation of the matters against them individually and jointly.
While speaking to reporters outside of the courthouse, attorney-at-law, Ronald Daniels, said that the intended prosecution, presented their fiat to the court that they received from the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, S.C. giving them the legal permission to prosecute the trio.
However, he added that when the document was presented to the court some issues were discovered and by the next court hearing November 21, 2020, the document is expected to be fixed and the statements of the witnesses in the matter are to be disclosed.
The lawyer said, “The court observed that the fiat did not spell out in particular the different offences by way of the case jackets and case jacket numbers that the DPP was granting permission to the prosecutors to prosecute.
So the court invited that that be corrected before the prosecutors have any jurisdiction in the court.”
According to Daniels, the prosecutor also invited the court to have the matters be heard summarily, which will allow the defendants to plead to the offence and the matter will be disposed in the Magistrates’ Courts rather than being sent to the High Court. He highlighted that the court did not accept the prosecution’s invite since they do not have jurisdiction in the matter unless the fiat is corrected.
Daniels said that the prosecution did not articulate if government Member of Parliament (MP), Sanjeev Datadin, is one of the six attorneys who were given permission by the DPP to prosecute the matter. He posited that when the fiat returns and Datadin’s name is on the fiat, they will be making objections, since it would be a conflict of interest.
Last Wednesday, attorney-at-law Nigel Hughes made objections to Datadin being a part of the fiat to prosecute his client, Chief Elections Officer (CEO), Keith Lowenfield.
Police had announced last August that they will be conducting a comprehensive investigation into the criminal conduct of Lowenfield; the Returning Officer of Region Four, Clairmont Mingo; and others in relation to the March 2, 2020 General and Regional Elections and the events that followed.
During the ongoing probe, several GECOM officials were arrested and put before the court for electoral fraud charges.
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