At 10 this morning, Justice of Appeal Rishi Persaud, who is currently performing the duties of Chief Justice, will hear a habeas corpus application filed by District Four Returning Officer Clairmont Mingo who is requesting his immediate release from police custody.
The sixty-nine-year-old Mingo was arrested at his Little Abary, Mahaicony home on Tuesday as part of the police’s ongoing probe against him for alleged electoral fraud surrounding the March 2nd General and Regional elections.
Mingo is one of two named defendants in charges filed on March 13th by Charles Ramson Jr. in relation to the controversial results for District Four.
Mingo (the applicant) is, however, contending that his arrest and detention have been politically motivated and is asking his immediate release, contending that the lawmen have no basis in law or fact for his detention which he says is unlawful since he has committed no act of fraud or conspiracy.
Citing the grounds for his application, Mingo said that a party of police officers turned up at his house with a purported warrant, but that the document was not served on him and hence he could not determine its contents.
He said that he was arrested purportedly pursuant to an allegation that he conspired with others to commit fraud in relation to the March 2nd General and Regional Elections.
Mingo said he poses no risk of flight, while noting that the police made no attempt to interview him prior to his arrest and detention and that he was unaware of who was making the allegation now levelled against him.
Currently held at the Criminal Investi-gation Department (CID) Headquarters, Eve Leary; Mingo says he was not told of his constitutional right to consult counsel, and while he did request to see his attorney, he was denied.
According to Mingo, following his arrest, he was interrogated on a number of occasions by a number of officers. He said that he has committed no fraud of any sort and contends that his arrest and detention are “politically motivated.”
He is of the view that there is no basis in law or fact for him to be detained pursuant to inquiries or investigations into the commission of any act of fraud or conspiracy.
On this point he argues that the police are therefore in breach of his fundamental right to freedom as provided for in Article 144 of the Constitution.
Being in custody, Mingo’s affidavit supporting his application was supplied by his wife Waveney Mingo who on her husband’s behalf, said that she has been advised by their attorneys and verily believes that her husband has been detained without lawful excuse and in violation of his rights.
She is of the view that his continued detention is unlawful, unconstitutional and amounts to an abuse of power.
She expressed the belief that unless the Commissioner of Police is directed to forthwith release her husband, he will suffer “gross violation” of his guaranteed and protected constitutional rights for what she says will be a protracted period of time.
Against this background, Waveney said that the Commissioner of Police ought to be immediately directed to release her husband.
Waveney is hoping that the court would grant her the relief being sought through the grant of a writ of habeas corpus directing the Commissioner of Police to present Mingo before the court and to show cause why he should not be immediately released from custody.
The woman had also complained in her affidavit of her attorneys initially being denied access to see her husband. According to her, they had made efforts to speak to Crime Chief Wendell Blanhum who was at CID, but to no avail.
During this time, Waveney said that her husband appeared “very timid, afraid, depressed, stressed and confused” and not as the person to whom she has been married for 23 years.
She said that police at the CID had initially told her lawyer Darren Wade that they were unaware of her husband’s whereabouts even as they escorted him (Wade) out of the compound.
Mingo is represented by Wade in association with attorney Roysdale Forde.
The Commissioner of Police is listed as the respondent in Mingo’s action.
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 5th, 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 5th 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.
