GECOM employees refuse to testify at election COI

Dec 07, 2022 News

– file lawsuit over summons

Kaieteur News – Three employees of the Guyana Elections Commission (GECOM) have refused to testify before the Presidential Commission of Inquiry (CoI) into the March 2020 General and Regional Elections despite being summoned by the Commission.

The employees, who first appeared before the Commission on Tuesday, filed a Fixed Date Application (FDA) in the High Court and are requesting that the summons be quashed.

Carolyn Duncan

Denise Babb-Cummings

The trio Denise Babb-Cummings, Shefern February, and Carolyn Duncan had initiated proceedings on Monday, citing that the summons amounts to a breach of their constitutional rights against self-incrimination under Article 144 of the Constitution.

During their appearance Tuesday, the trio was accompanied by their Attorney Eusi Anderson.

They were informed by the Commission’s Chairman, Justice (Ret’d) Stanley John that the Commission’s requests for their testimony was granted by the High Court.

Justice (Ret’d) John informed the GECOM employees that the Commission is aware of the criminal charges laid against them in the 2020 elections.

“Accordingly, it is our duty to remind you of the right against self-incrimination and the right to silence. Additionally, you have the right to be represented by Counsel and Counsel is actually here this morning,” the Chairman said.

Anderson in response explained that the three GECOM employees are all facing criminal charges and should only be asked to provide biometric data.

“Ms Duncan had the allegation put to her specifically by the Guyana Police Force that she along with others, in her capacity, as whatever role she performed at the Guyana Elections Commission, conspired to rig the Guyana March 2020 General and Regional Elections.”

Shefern February

Anderson said that on that basis, “It is my respectful view that their attendance here as witnesses, to speak to issues for which…Ms Duncan is to be potentially prosecuted …I am humbly asking for only their biometric data or anything that is in the public.”

The Commission still afforded the trio a chance to make statements but they chose to remain silent.

In the FDA, the trio is seeking declarations inter alia that the summons is an infringement of their rights to a fair trial given that they are being called upon to testify at a public inquiry about the elections while they are facing criminal trials for fraud related to the same elections process.

They are, among other things, requesting permanent injunctions to prevent the CoI from compelling anyone facing criminal charges to testify at the hearings.

The GECOM employees also want $50M each in damages for breach of due process, a fair trial, and the State’s duty to ensure they each have a fair trial.

In August 2020, the trio was slapped with charges in relation to electoral fraud. They were accused of inflating the results of Region Four – the country’s largest voting district – in favour of the A Partnership for National Unity + Alliance for Change (APNU+AFC) Coalition.

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