Public hearings for the Presidential Commission of Inquiry (CoI) into the March 2020 general and regional elections resume on Monday and counsel of former Deputy Chief Elections Officer, Roxanne Myers has written to the Commission seeking to cross examine witnesses who previously implicated her in a series of events during the tallying of votes.
In a letter, dated November 21, 2022 and which was seen by Stabroek News, the Hughes, Fields and Stoby law firm wrote to Secretary of the Commission Javed Shadick making the request.
“We act on behalf of Ms Roxanne Myers, former Deputy Chief Executive Officer of GECOM…..We have noted that during the course of the testimonies of some of the witnesses who have appeared before the Commission, statements have been made which refer to our client conducting various activities in relation to the conduct of the elections in 2020,” the letter stated.
“In the light of the specific references to our client and her alleged participation in various activities, we are instructed to request that our client be permitted, through counsel, to cross-examine the witnesses on any testimony which purports to refer our client,” it added.
The letter reminded that Myers is currently before the court on various criminal offences relating to the conduct of the 2020 General and Regional elections.
When contacted, Shadick confirmed that the Commission has received the letter and will be responding to it in “due time”.
It remains unclear whether Myers herself will be appeared before the CoI.
However, her lawyer, Nigel Hughes told Stabroek News that this would be determined after a response is received from the Commission. “The first thing, we are waiting a response from the Secretary of the Commission….Until I receive a response, I can’t really say,” Hughes told this newspaper.
Before the CoI started on November 3, the Government had invited persons who wished to give evidence to contact the Secretary of the Commission.
Shadick had subsequently said at least 15 witnesses had showed their willingness to testify.
To date, a total of 9 witnesses have testified before the CoI. They include: Chief Election Officer (CEO) Vishnu Persaud; Assistant Commissioner of Police, Edgar Thomas; local activist, Jonathan Yearwood; Deputy Speaker and Leader of the Liberty and Justice Party (LJP), Lenox Shuman; and Information Technology (IT) manager of the Guyana Elections Commission (GECOM) Aneal Giddings.
Some of these witnesses detailed the role Myers played in attempting to clear the Region Four Command Centre which was housed at Ashmins building on High and Hadfield Street, Georgetown before Region Four Returning Office, Clairmont Mingo declared the results with doctored numbers.
They also spoke about her influence on election officials and members of the GPF during this period.
Invite
During a telephone interview with Stabroek News, Shadick said when the CoI reconvened on Monday, the remaining witnesses who had expressed their willingness to testify are expected to take the stand.
“From next week we still continuing with persons who stepped forward,” he said.
In the meantime, he noted that the Commission is in the process of drafting a list of other persons who it will be inviting to give evidence. “We want to invite. We don’t want to summons people although the act make provisions for summons to be sent. We don’t want to go down that road as yet,” Shadick told Stabroek News.
Asked if Myers is included in the list, Shadick reiterated that the Commission will be responding to the letter received by her lawyer.
Days after the CoI had commenced, Chairman retired Justice Stanley John had issued a statement saying that the Commission will be providing an opportunity for persons to “be heard if they so desire” as a result of possible adverse statements being made about them.
“The Commission advises that, as evidence unfolds in this inquiry, statements and comments may be made that adversely affect individuals. Those persons are entitled to appear before the Commission and be heard if they so desire,” retired Justice John had said in a statement.
On September 13, Chief Magistrate Ann McLennan administered the oath of office to retired Trinidad Justice of Appeal John; former Attorney General, High Court Judge and Acting Justice of Appeal in the Eastern Caribbean, Godfrey P. Smith SC; and former Chancellor (Ag), of the Guyana Judiciary, Carl Singh. Justice John is chair while Dr Nasim Zaidi, former Chief Election Commissioner of India; and Dr Kwadwo Afari-Gyan, former Chairman of the Ghana Elections Commission will serve as resource personnel. Both of these men had been present as advisors during the elections under the auspices of the Commonwealth.
The CoI is a result of a promise by President Irfaan Ali to investigate the attempt to rig the March 2020 polls in favour of the former APNU+AFC government. Five months after the March 2nd 2020 polls and after a series of legal battles, Ali was finally declared the winner of the presidential elections and subsequently sworn in as the country’s ninth executive president on August 2, 2020.
After taking office, he promised the probe into the elections by an international team. He had also committed his government to pursue the necessary reforms to strengthen democracy and make the electoral process more transparent.
The CoI will pay particular attention to District Four, which was the epicentre of attempts to rig the polls. This information was contained in the terms of reference (TORs) released for the CoI.
The Commissioners under the said Act are to inquire into the matters set out by President Ali and include an inquiry into and report upon the relevant circumstances and events leading up to, and the procedures following, the Regional and General Elections held in Guyana on the 2nd day of March 2020. The investigation is not limited to, but includes the counting, ascertainment and tabulation of votes polled and the public declaration of those results by the Returning Officer of Electoral District No. 4 and other election officers, as prescribed by sections 84 to 89 of the Representation of the People Act.
The three Commissioners will also examine what attempts, if any, were made to obstruct, frustrate, subvert and prevent the counting, ascertainment and tabulation of votes polled and a declaration of the true results of Electoral District No. 4, and by whom.
Evidence into the inquiry is being led by Trinidadian Senior Counsel Sophia Chote. She is assisted by local attorneys Natasha Vieira and Keoma Griffith.
