Lowenfield, Mingo exercise right to remain silent at elections CoI

Jan 07, 2023 News

Kaieteur News – Sacked Chief Elections Officer (CEO), Keith Lowenfield and Region Four Returning Officer, Clairmont Mingo, both formerly of the Guyana Elections Commission (GECOM) appeared before the Presidential Elections Commission of Inquiry (COI) on Friday and exercised their right to remain silent.

The duo was summoned by the Commission to appear and offer testimony. However, their lawyer, Nigel Hughes, informed the COI of his two clients’ position not to provide information to the Commission.

Former CEO of GECOM, Keith Lowenfield

Hughes noted that both of his clients are before the criminal court in regard to their conduct at the elections. He said that given that Lowenfield and Mingo 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.

As such, Lowenfield and Mingo both then told the Commission that they will observe their right to remain silent.

Lowenfield was slapped with three counts of misconduct in public office and three counts of forgery, while Mingo faces multiple joint charges, like conspiracy to commit fraud, forging a document and forgery.

Also appearing before the Commission on Friday was former Deputy Regional Commander for Region Four Phillip Azore – who also opted to remain silent.

Notably, Lowenfield, Mingo and Azore are not the only set of persons who have refused to offer testimony before the COI.

Similarly on Thursday, Opposition Members of Parliament (MPs), Volda Lawrence and Dr. Karen Cummings along with Opposition Chief Scrutineer, Carol Smith-Joseph, all appeared before the Presidential COI and exercised their right to remain silent.

Prior to that, 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.

Former Region Four Returning Officer, Clairmont Mingo

The trio Denise Babb-Cummings, Sheffern 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 silent when they appeared before the Commission.

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.