Three GECOM employees who have been charged with electoral offences yesterday declined to testify before the Commission of Inquiry into the March 2nd 2020 general elections on the grounds of their right to a fair hearing and against self-incrimination.
Shefern February, Denise Babb-Cummings and Carolyn Duncan had been summoned to appear yesterday before the inquiry and only did so after their lawyer, Eusi Anderson failed in a High Court bid to have the summonses quashed.
After the failed High Court bid, Anderson submitted a letter on behalf of the trio advising the Commission of his clients’ right to a fair hearing and against self-incrimination.
All three women have been charged with offences related to the elections but the cases have experienced serious delays before the Georgetown Magistrate’s Court.
Anderson told the CoI yesterday, “… it is my respectful view that their attendance here as witnesses to speak to issues for which they are potentially, well Miss Duncan is potentially, criminally to be prosecuted and the others actually being criminally prosecuted, I’m humbly asking for only their biometric data or anything that is in the public information be that information elicited.”
The letter which was seen by Stabroek News had initially only stated February’s, Babb-Cummings’ and Michelle Miller’s names and had excluded Duncan’s. As a result, upon appearing before the commission on behalf of his clients, Anderson asked the Chairman of the commission, retired Justice Stanley John to have the letter amended to include Duncan’s name and such was granted.
Miller, whose name is also on the letter did not appear yesterday since the date of her summons was given as today. As such, she will appear today and plead against self-incrimination.
During his appearance, Anderson apologized for submitting his letter only yesterday morning to the commission and had asked if there would be a reply. He was then informed by the chairman that he will be made aware of the commission’s response.
“…We will invite them one by one and they can indicate their position…the commission will also indicate to them before they say anything the position of the commission,” said Justice John.
When they appeared in the witness box, Justice John informed the GECOM employees that the commission was aware of the legal proceedings they had attempted to take and advised them of their rights.
“The commission is mindful that you along with others initiated certain proceedings, we are all well aware that earlier this morning (yesterday) the court did not grant the injunction sought or the conservatory order. We nevertheless thank you for attending in response to our summons. We take note that certain criminal charges have been put forward against you in relation to the 2020 regional and general elections, accordingly it is our duty to remind you of the right against self-incrimination and the right to silence”, Justice John said.
He then asked each of them if they wished to share anything with the commission to which they all replied in the negative.
Meanwhile, Anderson yesterday explained to Stabroek News that after his witnesses were summoned to appear before the CoI and upon their instructions, he filed a fixed date application (FDA) on Monday morning, in part seeking an injunction and conservatory order for the commission not to ask his clients any question. His application for that injunction however was denied by the High Court.
The lawyer told this newspaper that after realizing that the court would not grant the application, he then sent the letter to the Chairman of the Commission, Justice John, yesterday morning, where he noted his clients’ right to silence.
