Latest update November 13th, 2024 1:00 AM
Prosecutor wants witnesses retake stand over admissibility of ‘credible’ evidence
Election fraud trial…
Kaieteur News – Attorney-at-law Darshan Ramdhani KC, who is the lead prosecutor in the election fraud case, on Wednesday questioned the court’s omission of what he described as ‘credible evidence’ from witnesses.
Attorney at law Darshan Ramdhani KC
Ramdhani submitted a motion concerning the admissibility of evidence, arguing that it pertains to what witnesses observed and heard in the presence of the defendants and how this evidence should be used in the case. The prosecutor requested that witnesses should retake the stand to reaffirm their statements, allowing the prosecution to demonstrate why these omitted statements are credible and relevant to the case. He expressed concern that similar issues might arise with other witnesses who have yet to testify. These concerns were addressed at the Georgetown Magistrate’s Court before Senior Magistrate Leron Daly.
Between Monday and Tuesday, two witnesses testified against former top officials of the Guyana Elections Commission (GECOM) and senior members of the former A Partnership for National Unity + the Alliance For Change (APNU+AFC) Coalition government. The trial involves nine defendants facing 19 conspiracy charges, including former GECOM Chief Election Officer Keith Lowenfield, former District Four Returning Officer Clairmont Mingo, former Deputy Chief Election Officer Roxanne Myers, former Health Minister Volda Lawrence, APNU+AFC Chief Scrutineer Carol Smith Joseph, and former GECOM employees Sheffern February, Enrique Liven, Michelle Miller, and Denise Babb-Cummings.
The charge alleges that Lowenfield, Mingo, and Myers, between March 2 and August 2, 2020, conspired with Lawrence, Joseph, February, Liven, Cummings, Miller, and others to defraud the electors of Guyana by presenting false votes from the March 2, 2020, General and Regional Elections.
Minister of Local Government and Regional Development, Sonia Parag who was a candidate for the People’s Progressive Party Civic (PPP/C ) testified on Monday in relation to the tabulation process being conducted. Meanwhile on Tuesday, former Election observer Rosalinda Rasul took the stand. Ramdhani told the court that these witnesses were critical in proving the “conspiracy” that unfolded during the tabulation process of counting electoral votes. He said that when the prosecution reviewed the summary of the case, they were led to some uncertainty to Her Worships’ “clear decision on the admissibility of statements” made by the defendants.
“I think these evidence from both witnesses so far and these are very critical witnesses to the prosecution…” The prosecutor pointed out that the admissibility of statements is in regards to whether a witness can say who they saw and what they said in the presence of the defendants. He further advised the court several principles of law should be applied in the case. “We have three types of evidence essential in the court matter so far, statements made by defendants; statements made to singular defendants and their reaction…”
Defence lawyer, Darren Wayne objected to Ramdhani’s statements, suggesting a potential conflict of interest between the prosecutor and the witnesses. He requested that the court investigate any ties between them. Defence lawyer, Eusi Anderson added that other defence attorneys should make submissions regarding Ramdhani’s requests before a decision is made. Magistrate Daly acknowledged the arguments from both sides and indicated she needs time to consider the matters. The court was adjourned at noon and will reconvene on August 5, 2024.
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