Magistrate grants prosecutor’s application to amend electoral fraud charge

Jan 11, 2023 Court Stories, Features / Columnists, News

…denies defence motion for matters to proceed in the High Court

Kaieteur News – Chief Magistrate Ann McLennan on Monday granted an application made by the prosecutor in the electoral fraud case to amend the charge against several persons who were charged for their alleged attempt to rig the March 2020 General and Regional Elections. People’s National Congress Reform (PNCR) members, Volda Lawrence and Carol Smith-Joseph, along with four employees of the Guyana

Denise Bab-Cummings.

Elections Commission (GECOM), Denise Bobb-Cummings, Michelle Miller, Sheffern February and Enrique Livan, on Monday appeared before the Chief Magistrate at the Georgetown Magistrates’ Courts.

Sheffern February

Kaieteur News had reported that the prosecution led by Attorney-at-Law Darshan Ramdhani, QC, made an application to the court for the charges to be amended.

The Chief Magistrate granted the application, before she read the amended charge to the defendants and they all pleaded not guilty.

The amended charge states that between March 2 and August 2, 2020, at Georgetown, the six defendants conspired with former GECOM Chief Elections Officer (CEO), Keith Lowenfield and Region Four (Demerara-Mahaica) Returning Officer (RO), Clairmont Mingo to defraud the electors of Guyana by declaring a false account of votes cast.

PNCR member, Volda Lawrence

Notably, Miller was slapped with an individual conspiracy to defraud charge which alleges that between March 3 and 5, 2020, at High and Hadfield Streets, Georgetown, together and with others, with intent to defraud the people of Guyana, she did not use the figures from the Statements of Poll (SoPs) for ascertaining the figures to make the declaration of the results for the said District Four, thereby resulting in a false declaration being made for the said District.

Michelle Miller

The Chief Magistrate also on Monday ruled on an application that was made by the attorney for the defendants, Nigel Hughes. The lawyer had made an application to the court for the matters to be tried before a Judge and a Jury in the Hugh Court as opposed to the Magistrate’s Court. Chief Magistrate McLennan denied Hughes’ application and ruled that the matter will continue at the Magistrates’ Court.

The matter was then adjourned to March 13, 2023.

The Guyana Police Force (GPF) had announced in August 2020, that they will be conducting a comprehensive investigation into the criminal conduct of the former GECOM officials and others, in relation to the March 2, 2020 General and Regional Elections and the events that followed. During the probe, several GECOM officials were arrested and placed before the court to face electoral fraud charges.

Carol Smith-Joseph

In fact, over 30 fraud-related charges were brought against, former GECOM CEO, Keith Lowenfield, Deputy Chief Elections Officer (DCEO), Roxanne Myers, Clairmont Mingo, Opposition members, Volda Lawrence, and Smith-Joseph and also several GECOM employees.

Enrique Livan

Some of the charges the defendants face are misconduct in public office, conspiracy to commit fraud, forging a document and forgery – all in relation to their attempt to allegedly rig the March 2020 General and Regional Elections.