The COI report, apparently, has very little to say about other election failures

May 02, 2023 Letters

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Dear Editor,

I do not believe that many persons would be surprised at the “findings” of the Presidential Commission of Enquiry (COI), just concluded. It’s work product clearly demonstrates the Commissioners aversion to independent, professional enquiry and acquaintance with the laws and administrative arrangements governing our electoral system and a determination to vilify specific election managers (Lowenfield, Myers and Mingo) with unjustified claims of election conspiracies and malpractice. Almost every important assertion is riddled with misrepresentations, delusions, speculations, conspiracy theories and partisan propaganda and unrecognizable as the work of highly experienced and qualified legal professionals. It is more likely the conclusions of a witch-hunt.

During the election standoff in March, 2020 much was made of the use of a spreadsheet in the District 4 tabulation and the unsupported claim that the information it contained was substantially inconsistent with the Statements of Poll (SOPs) allegedly in the possession of several party agents. This matter was litigated before the Chief Justice barely two years ago and dismissed. Nevertheless, these eminent jurists from Guyana and the Caribbean found that the use of a spreadsheet represented “clear and deliberate attempts to frustrate, obstruct and subvert the ascertainment of votes”, was contrary to law and GECOM regulations and that it was used, in this singular instance, for ulterior motives, not for efficiency, and created turmoil, major disruptions and slowed the tabulation process. This they asserted was a conscious, deliberate and brazen effort to violate the provisions of Section 84 (1) of the Representation of the People Act (RPA) which requires the Returning Officer (RO) to ascertain the total votes cast in favour of each list in the district by adding up the votes “in accordance with the Statements of Poll.”

I am dumfounded that learned persons could interpret the words “in accordance with the Statements of Poll” to suggest, or prohibit, a particular methodology for ascertaining votes. Statements of Poll cannot count themselves. Election managers, charged with the responsibility of ascertaining the count, are required to devise a methodology which would be the means and procedure by which the votes, taken from the SOPs, were added and the final result arrived at, and the RPA does not define, delineate or prescribe the means to be used or whether the RO must use his/her fingers, matchsticks, abacus, chalkboard, spreadsheet or any other calculating tool or aid known to society.

There is evidence that at least one other Returning Officer, the District 10 RO, had attached a spreadsheet to his election returns detailing the number, division and name of each polling station in his district, the number of electors, total votes cast, voter turnout and the votes cast for each political party, all of which could be checked and verified by anyone.  Also, the GECOM Secretariat’s IT Department also generated similar spreadsheets for every district at this time. This clearly disproves the assertions made by the report – that the use of a spreadsheet violated the law and that it was introduced for ulterior motives, not for efficiency or transparency and to create turmoil, major disturbances, and slowed the tabulation process.

The related assertion that the information contained in the District 4 spreadsheet was substantially inconsistent with the SOPs in the possession of party agents is nothing more than a conspiracy theory and not evidence deduced through professional enquiry. The party agents that made the claim never produced any evidence to support their brazen and blatant misrepresentation, and the COI never enquired. To blame the use of a spreadsheet for causing turmoil and disruptions and to ignore false claims of fraud, unreasonable demands and numerous disruptions by political party agents, court injunction and challenges, intimidation of election officials, violent protests, terror and insurrection is, to put it mildly, disingenuous and sufficient proof that this COI was ethically, factually, technologically and professionally challenged.

The COI report, apparently, has very little to say about other election failures, violations of election laws and alleged misconduct by other senior election managers thereby confirming its raison d’etre for alleging offences where non exist while ignoring many others, particularly those uncovered by the National Recount exercise and the election petition still before the court. The APNU+AFC protest outside of GECOM last week was a timely reminder of the many unresolved issues, deliberately ignored by the COI Report, affecting the 2020 General and Regional Elections and likely to impact future elections, including the scheduled Local Government Elections. The Opposition Leader needs to, firmly and consistently, demand that these issues be resolved and that other senior election managers, particularly the GECOM Chair, face accountability before trust in the election process can be restored.

Many great, disparate, historical figures, including Hitler, Malcolm X, Gandhi, Mandela and Dr. King are agreed on this fundamental issue – that a people must manifest the will to struggle for their humanity to be respected and valued, and their rights to be recognised and upheld. Failure to do so, they recognize, can lead to marginalization, oppression, slavery and death. US President Joe Biden, in his address at the White House Correspondents Association Dinner over the weekend, reiterated that democracy in the US was still in peril and called upon attendees to redouble their efforts to save it. We, here, should embrace the significance of Labour Day to advance our solidarity and strength in unity, purpose, and humanity.

Sincerely,

Oscar Dolphin

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• Election, failures, Oscar Dolphin, Report, Statements of Poll (SOPs)

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