The police yesterday arrested beleaguered Returning Officer Clairmont Mingo as part of their investigations into alleged fraud surrounding the March 2 General and Regional Elections (GRE).
Also arrested is Carolyn Mikhaik Duncan who worked as a clerk in Mingo’s High Street Secretariat.
Stabroek News understands that the controversial 69-year-old was arrested at his residence at Little Abary, Mahaicony and transported to the Criminal Investigation Department at Eve Leary.
Mingo is one of two named defendants in charges filed on March 13 by Charles Ramson Jr. in relation to the controversial results for District Four.
His co-defendant PNCR Chair Volda Lawrence was Monday placed on $100,000 bail after appearing before Chief Magis-trate Ann McLennon. Chief Election Officer Keith Lowenfield is also the subject of a similar investigation.
According to a Court Officer, attempts to serve the notices on both Mingo and Lawrence failed but Lawrence, the former Minister of Public Health, appeared without being served.
Ramson, the PPP/C party agent for District Four has accused Mingo and Lawrence of uttering a forged document with intent to defraud the public contrary to Section 278 of the Criminal Law (Offences) Act.
The section specifies that everyone who …utters knowing it to be forged or altered, any document whatsoever, with intent to defraud the public…shall be guilty of a felony and liable to imprisonment for three years.
The charges have since been taken over by the state through the Chambers of the Director of Public Prosecutions (DPP).
The police have since announced that they have launched an investigation into the March elections and the events that occurred during the ensuing five months up to when President Irfaan Ali was declared the winner on August 2nd.
The particulars of the offence allege that, “the accused Clairmont Mingo having been procured by the accused Volda Lawrence on or about March 5, 2020 at Hadfield Street, uttered to the Chief Election Officer a Form 24 Representation of the People’s Act dated March 5 knowing it to be forged, with intent to defraud the people of the state of Guyana.”
The two persons identified in the complaint appear as signatories on a declaration which has since been found to be inaccurate.
On March 5 chaos erupted at the Ashmins Building on High Street after Mingo attempted to make the declaration which would’ve granted the APNU+AFC Coalition victory. The PPP/C however obtained an injunction stalling the process.
This declaration which resulted from an unverified “spreadsheet” tallying votes was vitiated by Chief Justice (ag) Roxane George who ordered that Mingo use the statutory document, Statements of Poll, to calculate the results.
Mingo failed to do as directed and made a second declaration with different numbers which again showed the APNU+AFC as victorious.
Despite pressure from local and international observers, Mingo stuck to his numbers and a National Recount which lasted for more than a month was called.
That recount showed the PPP/C as victorious.
Yesterday, lawyers for Mingo complained to media operatives that his constitutional rights were violated as he was denied legal representation during questioning.
For at least one hour while Mingo was questioned by police his attorney Darren Wade was prevented from accessing him. Up to press time Wade and Senior Counsel Roysdale Forde who also showed up to represent Mingo had not been addressed by the Police or allowed to advocate for bail on their client’s behalf.
“I have never seen this before…he has a right to an attorney…why is the state denying an attorney access to a client,” he asked.
Forde called on the Guyana Bar Association to condemn what he des-cribed as “police abuse”.
“Democracy is more than elections,” he stressed explaining that he had been informed that questions were put to Mingo even as he asked for his attorney.
“He had to keep insisting that he would like to have a lawyer present [and] after a good period police belatedly recognized that Mr Mingo in fact has legal right and allowed Wade to talk to Mingo. Wade was however not allowed to be present at the interview,” the senior counsel noted.
Mingo was expected to remain in police custody overnight.
The government has said that it will be undertaking a review of the five-month impasse over the elections result and that those found culpable would be answerable.
