Lawrence, Cummings, Joseph exercise right to remain silent elections CoI

Jan 06, 2023 News

Kaieteur News – Opposition Members of Parliament, Volda Lawrence and Dr. Karen Cummings along with Opposition Chief Scrutineer, Carol Smith-Jospeh, all appeared before the Presidential Elections Commission of Inquiry (COI) on Thursday and exercised their right to remain silent.

They were summoned by the Commission to appear and offer testimony. Lawrence and Smith-Joseph were represented by Attorney Nigel Hughes, who informed the Commission of Inquiry of his two clients’ position not to provide information to the Commission.

Hughes noted that both women are before the criminal court in regard to their conduct at the elections. He said that given that the women are still before the court in the matter, they have been advised that it is best that they do not testify before the Commission. “I believe it would be in their best interest that they exercise right enshrined in section 144 of the constitution not implicate themselves…” Hughes said. Lawrence and Smith-Joseph are currently before the Magistrates’ Court facing allegations of electoral fraud.

Dr. Cummings, a former Minister of Foreign Affairs, who was also called to testify also exercised her right to remain silent. Dr. Cummings was Minister of Foreign Affairs during the 2020 elections. Since the start of the Commission’s hearing, her name has been mentioned repeatedly over claims that she threatened the removal of foreign observers in the aftermath of the last elections.

The three Opposition members are not the only set of persons who have refused to offer testimony before the COI. A number of GECOM officials also refused to give testimony at the Commission. The employees, who first appeared before the Commission last month, filed a Fixed Date Application (FDA) in the High Court requesting that the summons to testify to be quashed.

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

During their appearance, the trio was accompanied by their Attorney Eusi Anderson. They initially retained their right to remain silent. However as it relates to the FDA to quash the summons, Justice Damone Younge has dismissed an application by the three staffers.

The trio sought among other things, a permanent injunction to prevent the Commission of Inquiry (COI) into the March 2020 General and Regional Elections from compelling them to give evidence.

The GECOM employees had declined to testify and invoked their right to remain when they appeared before the commission on earlier this week.

Denying all of the orders prayed for, and dismissing the Notice of Application by Babb-Cummings, February and Miller, Justice Younge ruled inter alia that the COI into the March 2020 General and Regional Elections is indeed a part of the State pursuant to section 2 of the COI Act.

As such, she determined the injunctive relief claimed against the Attorney General and the COI into the March 2020 General and Regional Election is refused. In any case, the case raised in the Fixed Date Application (FDA) is not appropriate for the grant of a conservatory order, the judge ruled.

Babb-Cummings, February, and Miller have been charged with conspiracy to defraud the March 2020 Elections, and, on 2nd December 2022, were summoned to give evidence to the COI established by President Irfaan Ali into the March 2022 Elections.