Guyana’s electoral fraud case

Nov 05, 2023 Court Journal, Court Stories, Features / Columnists, News, Waterfalls Magazine

COURT JOURNAL

By Renay Sambach

Waterfalls Magazine – In a nation grappling with the repercussions of electoral fraud, Guyana’s quest for justice remains an enduring journey. The Magistrate Court is currently at the centre of this protracted legal battle, awaiting crucial guidance from Chancellor of the Judiciary (ag), Yonette Cummings, regarding the allocation of a specialized court to handle the 2020 electoral fraud cases.

The roots of this complex saga traces back to the March 2020 General and Regional Elections, an event reportedly marred by controversy and allegations of manipulation. Following a comprehensive investigation, several former Guyana Elections Commission (GECOM) officials and other individuals found themselves facing over 20 electoral fraud-related charges.

Among those charged are prominent figures such as Keith Lowenfield, the former Chief Elections Officer of GECOM, and Roxanne Myers, Deputy Chief Elections Officer. Clairmont Mingo, a Region Four (Demerara-Mahaica) Returning Officer, Opposition members Volda Lawrence and Smith-Joseph, and several GECOM employees, including Sheffern February, Enrique Livan, Denise Bobb-Cummings, and Michelle Miller, have all found themselves entangled in the legal proceedings.

The date to watch is December 12, when Special Prosecutor Darshan Ramdhani, QC, is expected to provide an update to Senior Magistrate Leron Daly, who presides over the cases at the Georgetown Magistrates’ Court. The key moment of this update hinges on the Chancellor’s guidance.

In a previous court hearing, Ramdhani proposed the consolidation of charges into a single unified case, citing a common origin of evidence. However, Senior Magistrate Daly, already burdened by a significant caseload, expressed reservations. To address these concerns, the prosecutor offered to engage in a dialogue with the Chancellor, with the possibility of appointing a dedicated magistrate to oversee these cases.

As the most recent hearing revealed, Ramdhani was poised to present the court with the Chancellor’s guidance. However, he conveyed that the communication had been dispatched, and they were eagerly awaiting a response. Importantly, Ramdhani noted the state’s full readiness to proceed in whatever direction the case might take.

Senior Magistrate Daly emphasized the importance of methodically organizing the extensive evidence to ensure a fair and efficient trial process. Ramdhani reiterated his commitment to facilitating this process and ensuring justice is served. Amidst these legal manoeuvres, the defendants’ attorney, Nigel Hughes, raised concerns and contested the Chancellor’s jurisdiction to intervene at this stage.

However, accusations have surfaced that the State is stalling the case. In response, Ramdhani emphasized the prosecution’s readiness to commence their case, underscoring the urgency of resolving this matter.

On the legal front, the State’s legal team, led by Ramdhani, includes attorneys-at-law Glen Hanoman, Arudranauth Gossai, Ganesh Hira, Mark Conway, and George Thomas. Representing the defendants are Attorneys-at-law Hughes, Ronald Daniels, Eusi Anderson, and Konyo Sandiford.

In a significant turn earlier this year, retired Chief Magistrate Ann McLennan granted an application to amend the charges against several individuals who were charged for their alleged attempt to rig the March 2020 General and Regional Elections. Notably, People’s National Congress Reform (PNCR) members, Volda Lawrence and Carol Smith-Joseph, along with four employees of GECOM, faced amended charges to which they all pleaded not guilty.

The amended charges alleged that between March 2 and August 2, 2020, at Georgetown, the six defendants conspired with former GECOM Chief Elections Officer Keith Lowenfield and Region Four Returning Officer Clairmont Mingo to defraud the electors of Guyana by declaring a false account of votes cast. Michelle Miller faced a separate charge related to her role in the GECOM Command Centre.

Yet, this journey toward justice has been far from conclusion, with Attorney General and Legal Affairs Minister Anil Nandlall expressing his dissatisfaction with the slow progress of these electoral fraud cases in the Magistrates’ Courts. He had emphasized the national importance of these cases, touching on issues vital to law and order, democratic stability, and the preservation of the people’s will.

Nandlall acknowledged the public’s frustration over the lack of progress, highlighting the significant role they played in calling for these charges. However, he lamented the fact that despite three years having passed, the cases had not advanced as they should have.

In response to these delays, the Attorney General had written to the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, seeking an update on the electoral fraud cases. The public’s desire for justice in these cases remains palpable, with the outcome of these charges bearing significant implications for the future of Guyana’s democracy.