Guyana Elections Com-mission (GECOM) Infor-mation Technology (IT) Officer, Enrique Livan was yesterday charged with fraud, even as his lawyer Eusi Anderson condemned the Guyana Police Force’s actions which he said included an attempt to coerce an admission to the crime while also violating his client’s constitutional right to an attorney.
“Any suggestion that he is not cooperating must confront the truth …that he continues to sit in at interviews and confrontations against his will even after the egregious violations of his constitutional rights,” Anderson yesterday said in a statement on behalf of his client.
“Without question, Mr. Livan’s example of offering help despite violation and statements even after being lied to and denied access to his Counsel is worthy of applause but not emulation. We hope the Courts will intervene to telegraph a strong message that this conduct is reprehensible,” he added.
Livan, who was at the centre of a flash drive controversy at the Ashmins building during the wee hours of March 4th was on Thursday arrested by the police and taken into custody.
Crime Chief Wendell Blanhum on Thursday confirmed that a total of five persons were then in police custody as the investigation continued into the alleged fraud surrounding the March 2nd General and Regional elections.
Region Four Returning Officer Clairmont Mingo and three GECOM employees, who have been identified as Carolyn Mikhaik Duncan, Sheffern February and Michelle Miller also remain in police custody. Mingo and February have since been charged and along with Livan are expected to appear in court today.
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 GECOM. The spreadsheet was said to be the vehicle for the fraudulent polling station results that were announced for District Four by Mingo.
Livan’s attorney defended his integrity saying that he is a former immigration officer and commenced working at GECOM in 2013 where he has had a stellar record of rapid promotion and responsibility.
Anderson gave a synopsis of the events from Thursday evening saying that his client was never given the right to an attorney and that the police tried to cajole him into implicating others.
Unavailable
“On the night of Thursday 27th August, 2020 he was questioned by several ranks of the GPF around 9pm for around 20 minutes. He asked for his lawyer Eusi Anderson to be present and to be permitted to call his lawyer. He was told his lawyer is unavailable and that the Guyana Police Force does not work with his lawyer. As his Attorney I state without reservation that no one called me on the night of Thursday, August 27th 2020 to invite me to attend to Mr. Livan. He was asked a number of questions pertaining to his role in the March 2020 General and Regional Elections,” Anderson’s statement said.
“During the 20 minutes of questioning he was told among other things- ‘save yourself’, ‘is not you we really want’, ‘we want the head of the snake’, ‘you will never rise to the head of GECOM so tell us what we need to know’, ‘you will be 42 years old by the time you come out of prison it is not too late to save yourself’. He was shown several laws of Guyana and pointed to sections for offences he could be charged and the sentences they carry. Notwithstanding this or the pressure of 5 officers questioning him on an empty stomach at 9 pm in the dark of night, Mr. Livan renewed his offer to the police of considering submission of a statement should he receive their questions in writing. He first made this offer on 27th August, 2020 and each time he made it the police rejected it,” Anderson added.
The attorney said that Livan was yesterday told that the only way he would be allowed to speak to his Attorney is if he provided a landline number for his Attorney.
Yesterday, too, according to Anderson, Minister of Home Affairs Robeson Benn was also present at the station and he and Livan had a “confrontation” over difference in relating events of the morning of March 4th.
Benn was then one of three PPP/C-nominated Commissioners of the Guyana Elections Commission and was present at the time of the commotion involving Livan.
“Today 30th August, 2020, Mr. Livan participated in a confrontation with the Honourable Minister of Home Affairs Robeson Benn at CID Headquarters where he was asked to respond to the Minister’s version of events. He denied all allegations and protested his innocence,” Anderson said.
This newspaper tried contacting Benn for his version of events but calls to his mobile went unanswered.
Anderson said that one charge of fraud was subsequently read to Livan and he denied that allegation.
“Today at 12:30 his 72 hours of detention expired and it is hoped that with the charge read he can be brought to Court on Monday 31st August, 2020. Today he was informed that his cell phone will be returned to him after it was finished ‘processing’. This you recall is the cell phone that he was asked to unlock and hand over upon his arrest,” he said.
Bemoaned
Meanwhile, Anderson provided an update on his other client, Michelle Miller and bemoaned the treatment meted out to her, albeit the police’s knowledge of her medical records.
“She was arrested at 11 am on Wednesday 26th August, 2020 at her residence and taken to CID Eve Leary. Questioning commenced without (her) Attorney, in spite of requests for same, or her rights being read to her. At 2:53pm on 26th August, 2020 at CID Headquarters, Eve Leary she used her blood pressure testing machine after feeling faint. The reading was 240/141. This reading showed up even after she self-administered 2 doses of the medication prescribed for her chronic high blood pressure condition. Her normal range is 140/90. Upon request by her Attorney Eusi Anderson to Sgt Pitama, she was at 15:06 hours on 26th August, 2020 whisked to GPHC where she remains warded under police guard at her bedside, under the care of Dr. Ramsarran’s medical team. I register thanks to Sgt Pitama for his professional and swift intervention in the decision to hospitalise her immediately. Whilst under arrest from 26th August – present at the GPHC my client’s health remains unstable; her pressure is not stabilizing,” he stated.
“Seventy hours after (her) arrest expired on Saturday 29th August, 2020 at around 11am. She has not been charged. No Court Order for her continued detention has been presented to her or her Attorney. No further questioning has been embarked upon either,” he added
And while Doctors at GPHC decided to discharge her on 14 days sick leave and orders of strict bed rest yesterday, Anderson said that the police said that they had to again take her into custody.
“The discharge was supposed to happen around 11 am. A team of female police officers informed her at GPHC that they were to take her to CID Headquarters upon instructions. She protested that she is unwell and she began to complain that there is no lawful basis for the continuation of her arrest. At 11:20am Sunday 30th August, 2020 she was re-arrested in her hospital bed in the presence of 6 other patients. Her pressure was self-tested at 11:21 and the reading was 219/127. At this point, the medical team decided that it was unsafe to proceed with the discharge. They suspended it. They then tested her blood pressure at 11:36 am using GPHC equipment and the reading was 220/150. The Medical professionals suspended her discharge and decided to administer Labetalol intravenously at 20mg. She had just 3 hours before orally self-administered medication for high blood pressure. Ms. Miller was never charged or convicted of an offence,” he contended.
“Ms. Miller has asked repeatedly for the police to reduce their questions into writing such that she can consider responding in writing should she waive her constitutional protection of silence. She made this offer since 26th August, 2020. At 1600 hours today she remains warded at GPHC with a doctor’s order of 14 days sick leave and bed rest to stabilise her blood pressure and referral for ultrasound and further heart and kidney tests for Monday 31st August, 2020 to ascertain the true state of her health and causes of and damage done by the chronic high blood pressure. She remains under arrest for a period of 100 hours as at 1600 hours today and counting at GPHC,” he added.