Elections fraud case trial further delayed

Mar 05, 2024 Court Stories, Features / Columnists, News

…as defence attorney requests additional documents

Kaieteur News – The trial into the 2020 elections fraud case, scheduled to begin on Monday, some three years after the matter was brought before the Magistrates’ Court has been further delayed due to a request by attorney Nigel Hughes for additional documents.

Multiple criminal charges were brought against several former officials of the Guyana Elections Commission (GECOM), as well as two People’s National Congress/Reform (PNCR) members in relation to the alleged attempt to rig the March 2020 General and Regional Elections and the events that followed.

Those charged are: former GECOM Chief Elections Officer (CEO), Keith Lowenfield, Deputy Chief Elections Officer (DCEO), Roxanne Myers, former District Four (Demerara-Mahaica) Returning Officer Clairmont Mingo, PNC/R members, Volda Lawrence, and Carol Smith-Joseph and other GECOM employees, Sheffern February, Enrique Livan, Denise Bobb-Cummings and Michelle Miller.

On Monday, defence attorney Hughes made a request for additional documents when he represented his clients Lowenfield, Myers and Mindo, at the Georgetown Magistrates’ Court before Senior Magistrate Leron Daly.

Hughes called on the prosecution, led by Special Prosecutor Darshan Ramdhani, KC to to provide him with additional documents in relation the minutes of meetings held by GECOM, during the period under examination and documents of all decisions taken.

Hughes argued that an unfair trial would offend his clients’ rights to equality before the law and its’ equal protection as well as the benefits of the law.

In response, Ramdhani said that the disclosure was made over two years ago, and no request for minutes and decisions of the Commission was ever made by the defence then. He pointed out that Section 140 of the Representation of the People’s Act (ROPA) which prohibits the use of GECOM decisions or communication in court proceedings.

However, the defence attorney contended that a submission was made and that Section 140 ROPA is unconstitutional, as it breaches the fundamental rights of his clients to a fair trial as guaranteed by Article 144 of the Constitution.

The prosecution argued that it was only until last Wednesday (February 28, 2024) at about 23:06 hours, that Hughes made a request for the disclosure of the minutes and decisions of the Commission. The lead prosecutor also informed the court that he is not in possession of the document, and does not have the power/authority to disclose them.

Notwithstanding, the Special Prosecutor’s statement Attorney Hughes maintained that it is unconstitutional and suggested that his request should be pended to the High Court to determine whether such documents can be disclosed in the Georgetown Magistrates’ Court.

In keeping with the request, Magistrate Daly adjourned the court case to Wednesday, for the determination on whether such application should be made before a judge.

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