Michelle Miller, another GECOM employee who is currently facing elections-related charges yesterday opted not to give evidence at the Presidential Commission of Inquiry (CoI) into the March 2020 elections to avoid self-incrimination.
Miller, who was summoned to appear before the CoI is the fourth GECOM employee to have taken such a decision.
On Tuesday, three others; Shefern February, Denise Babb-Cummings and Carolyn Duncan had also declined to testify on the grounds of their right to a fair hearing and against self-incrimination. They too were charged with offences related to the elections that are currently engaging the court.
The quartet only appeared before the CoI after their attorney, Eusi Anderson failed in a High Court bid to have the summonses quashed. It was after this that Anderson submitted a letter on behalf of the trio advising the Commission of his clients’ right to a fair hearing and against self-incrimination.
The letter which was seen by Stabroek News had initially only stated February’s, Babb-Cummings’ and 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 appeared separately since her summons was for yesterday.
Anderson was not present at the public hearing yesterday when Miller took the witness stand.
However, as he advised her of her rights, Justice John informed Miller that the Commission is aware of the legal proceedings she had brought against it.
“Miss Miller the Commission is aware that you along with three other members of staff initiated certain legal proceedings against the Commission on Tuesday. We are also mindful that the following morning, the court did not grant the injunction sought,” Justice John said.
“Being mindful that…certain criminal charges have been made against you arising out of the 2020 General Elections, it is our duty to inform you that you have a right against self-incrimination. You have the right to silence. In addition, you have the right to retain counsel to be present here with you, if you so need to,” he added.
“The evidence so far has shown that you were one of the persons who worked at the GECOM building during the 2020 General Elections,” Justice John said.
He asked Miller if this was accurate and without giving a direct response, she said “I uphold my constitutional right to remain silent”.
In the circumstances, Justice John informed the CoI that the Commission had no further questions for Miller.
Anderson had previously 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.
Upon realizing that the court would not grant the application, Anderson said he then sent the letter to Justice John on Tuesday morning where he noted his clients’ right to silence.
