As the police probe into the alleged fraud surrounding the March 2nd General and Regional elections widens, Information Technology (IT) officer Enrique Livan who was at the centre of a flash drive controversy at the Ashmins building on march 4th was yesterday arrested by the police.
Crime Chief Wendell Blanhum yesterday confirmed that a total of five persons are currently in police custody as the investigation continues. Livan was arrested yesterday morning.
Region Four Returning Officer Clairmont Mingo and three of his assistants, who have been identified as Carolyn Mikhaik Duncan, Sheffern February and Michelle Miller remain in police custody.
Their attorneys yesterday filed a habeas corpus application which will be heard this morning at 10am.
Blanhum had previously told this newspaper that Mingo and his assistants are being questioned in relation to several offences including falsification of documents, uttering forged documents, conspiracy to commit fraud and misconduct in public office.
On the morning of March 4, the police had conducted a public interrogation of Livan at the tabulation centre at the Ashmins building after a party agent claimed they saw him entering data from a “flash drive onto a spreadsheet” outside the scrutiny of party representatives and observers.
Though video of the interrogation was widely shared, no charges have ever been brought against Livan and he remained employed with the Guyana Elections Commission (GECOM).
Livan’s lawyer Eusi Anderson yesterday issued the following statement on his behalf:
1. Livan said he was arrested as he stepped out of his motorcar at 12:30 pm 27th August, 2020 by a party of 4 Police Officers in a marked police vehicle outside his workplace being GECOM Cowan Street Office. He was not contacted or invited to participate in any interview prior to his arrest.
2. He was followed by a motorcar PWW 5090 in the moments leading up to his arrest. He made a video recording of this and will publicise it at the appropriate time.
3. The Sergeant arresting him refused to identify himself and has still not done so.
4. After demanding to know why he was arrested he was told that an Order has been issued for his arrest. Repeated enquiries to ascertain the reasons for his arrest eventually resulted in him being told that fraud was the reason.
5. His cellular phone rang and the Police confiscated it and his motor car. Members of the Guyana Police Force then demanded that he must unlock his phone and surrender it to them unlocked. He said the menacing and threatening manner in which these demands were made ensured he quickly unlocked his phone.
6. He said he asked no less than 15 times to speak to his Attorney. He was asked why Eusi Anderson is his Attorney. He was further asked how did he come to know Eusi Anderson and if other lawyers could not be called. He was asked why he needed a lawyer. Eventually after answering all questions posed and refusing to answer any more he was allowed to call his lawyer.
Anderson added that his requests to take photographs of the soles of Livan’s feet and his face prior to departing CID Eve Leary Headquarters were denied.
He said that a policeman who identified himself by name commenced the questioning of his client before reading him his rights. Anderson said Livan was asked whether he participated in the tabulation and recount process.
Anderson added that Livan was denied the opportunity to call his parents and inform them of his arrest and where he was being taken despite repeated requests.
Anderson further said that Livan is a former immigration officer and commenced working at GECOM in 2013 where he has had a stellar record of rapid promotion and responsibility.
Little Abary
Sixty-nine-year-old Mingo was arrested on Tuesday 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 on Monday placed on $100,000 bail after appearing before Chief Magistrate 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 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 held. That recount showed the PPP/C as victorious.
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.
Constitutional rights were not breached
Mingo’s lawyer on Tuesday told reporters that his constitutional rights were violated as he was denied legal representation during questioning.
However, the Guyana Police Force in a statement issued yesterday denied that Mingo’s constitutional rights were breached.
The police explained that shortly after Mingo arrived at the Criminal Investigation Department (CID), his attorney Darren Wade turned up and “demanded” an immediate conference with him. “(The) Police rank on duty directed the Attorney to a designated area where access to his client would be granted after the rank had completed making the necessary entries in the police records,” the police noted.
However, they added that instead of waiting in the area, Wade left the compound after which he met with the media and alleged that Mingo’s constitutional rights were being breached.
“Noteworthy, however, is the fact that after this, the Attorney returned into the CID Headquarters where he met with his client Mr Mingo,” the police added.
“(The) Guyana Police Force also wishes to state that it remains ready, able and willing to engage with members of the Legal Profession to ensure that their constitutional rights and those persons they represent are respected at all times and that there is due process,” the statement related.
“In this regard however, the police force expects that attorneys-at-law conduct themselves in a professional manner and with a due sense of responsibility in keeping with the ethical standard required of the legal profession. Unfortunately that expected level of professionalism was not evident in this instance,” it added.
The force highlighted that there is a designated area at all police locations to allow for privileged conversations.
