In response to summonses, three members of the PNCR, two of them currently facing elections-related charges, yesterday declined to testify before the ongoing Presidential Commission of Inquiry (CoI) into the March 2, 2020 elections on the grounds of avoiding self-incrimination.
Volda Lawrence, Karen Cummings and Carol Joseph took the witness stand and declared their decision under oath.
Seven persons have now made the decision to remain silent when they appeared before the CoI. The four other persons are Guyana Elections Commission (GECOM) employees who are before the court on elections fraud charges.
Lawrence and Joseph were represented by attorney, Nigel Hughes who informed the Commission of his clients’ decision.
“Both of them are defendants right now in criminal proceedings relating to offences related to the conduct of the elections and consequently I think they face some jeopardy if they were to testify…. So they have been advised to exercise their right….not to incriminate themselves or put themselves in a position where they might incriminate themselves and consequently won’t testify,” Hughes said.
“The position that you adopt on behalf of Ms Joseph and Lawrence, is one I am prepare to respect,” retired Justice Carl Singh told Hughes.
However, Chairman of the Commission, retired Justice Stanley John reminded Hughes that in response to the summonses, his clients would still be required to enter the witness stand and state their position.
Thereafter, Lawrence, who was seated in the public gallery was escorted to the witness box. She was given the Holy Bible to take the oath and she then asked Secretary of the Commission, Javed Shadick “what ah swearin fuh?” before she abided.
In keeping with protocols, Justice John then asked Lawrence to provide the inquiry with her full name and address and she responded “Good morning Sir, may I ask who is addressing me?”
“I am the Chair of the Commission. To my right is Mr Carl Singh, former Chief Justice and Chancellor and on my left is Mr Godfrey Smith,” Justice John informed Lawrence who then proceeded to introduce herself.
As he reminded her that she appeared before the CoI in response to a summons, Justice John told Lawrence “I must indicate to you that you are not bound to testify. You have the right to remain silent…as your constitutional right and your right against self-incrimination….If you so do, if you so choose, you are not required to answer any questions posed to you by any of the Commissioners. What is your position today? Do you wish to give evidence or to be asked any questions?”
In response, Lawrence stated “Chairman of the Commission, Mr Justice John…I, Volda Ann Lawrence wish to reserve my right to remain silent”.
She was followed by Joseph who also informed the CoI “I want to remain silent”.
But before she indicated her decision, Justice John also reminded Joseph of her rights and told her the Commission was grateful for her response to the summons.
Cummings was unrepresented. She, too, told the CoI “I will remain silent”.
Cummings had presided over an infamous meeting with international observers on March 5th 2020 at the Ashmins building. That meeting which was later described as an attempt to intimidate observers has been the subject of testimony before the inquiry. Cummings had held the meeting in her capacity as acting Minister of Foreign Affairs.
Lawrence and Joseph are currently before the court on election fraud charges.
Previous witnesses who appeared before the CoI had made mention of Cummings, Lawrence and Joseph in their testimonies.
Joseph, who was the Chief Scrutineer of the APNU+AFC is accused of abusing party agents during the tabulation and verification of votes cast in Region Four.
Before yesterday’s hearing commenced, just after 10am, loud voices could have been heard coming from outside the building where a few persons had gathered.
Their presence had caused an increase in the number of police at the location and within minutes those speaking loudly departed.
Public hearings will continue this morning with more persons summoned scheduled to appear before the Commission.
