Terminated Chief Election Officer, Keith Lowenfield and Region Four Returning Officer (RO) Clairmont Mingo, who are both facing elections-related charges, yesterday declined to testify before the ongoing Presidential Commission of Inquiry (CoI) into the March 2020 elections.
Lowenfield and Mingo were at the centre of the five-month stalemate over the results from the March 2nd general elections.
They were summoned to appear before the Commission which is being chaired by retired Justice, Stanley John.
Both Lowenfield and Mingo were represented by attorney, Nigel Hughes who told the CoI that his clients “…are defendants in criminal proceedings relating to the conduct of the elections and both of whom would like to remain silent”.
They then individually took the witness stand and informed the Commission of their decision to remain silent.
“Mr Lowenfield we are mindful that you are the subject of certain criminal proceedings arising out of the March 2020 elections. Accordingly, it is my duty to advise you that you have a right to remain silent. You are not bound to answer any questions posed to you by myself or any of the Commissioners or Counsel to the Commission. You have the right to….that you feel may incriminate you. Put it shortly, you are not bound to testify if you do not wish to do so,” Justice John told Lowenfield.
In response, Lowenfield said “Mr Chairman I would like to remain silent”.
He was followed by Mingo. And similarly, as part of his duties, Justice John reminded Mingo also of his rights. “…To put it simply, you are not under any obligation to testify if you do not wish to do so. What is your desire sir?” Justice John asked Mingo who said “I reserve my right to remain silent sir”.
Lowenfield and Mingo featured in a slew of egregious occurrences during the elections. Mingo produced an infamous spreadsheet of numbers which did not correspond with those on Statements of Poll. He then made an unathorised declaration of the key District Four results. Later, he projected results on a dingy bedsheet which were not readable. Lowenfield shockingly attempted to throw out 115,000 votes that were cast on polling day and defied instructions from the Chair of the Guyana Elections Commission on multiple occasions.
Superintendent of Police, Phillip Azore who was the deputy commander of Region 4 at the time of the March 2020 elections was also summoned by the Commission.
He, too, invoked his right to remain silent. “At this moment, I would reserve my right to remain silent,” Azore told the inquiry.
Duty
But despite this, Justice John asked Azore “not withstanding the fact that you are a serving member of the Guyana Police Force and on March 5, 2020, you were on duty at the Ashmins building?”
And Azore responded “yes, I would like to remain silent”.
Making it clear that he respected the position taken by him, Justice Singh asked Azore “are you aware that the evidence that has been given before this Commission identifies you in certain events on the 5th of March at the Ashmins building and particularly your role there in the presence of the Commander, Edgar Thomas. Are you aware of those things?”
Azore told Justice Singh that he was made aware of the evidence referred to through Senior Counsel, Sophia Chote, who is leading evidence in the CoI. “And not withstanding you would remain silent?” Justice Singh further asked.
Azore maintained, “I would like to remain silent”.
Azore was implicated in previous evidence presented to the CoI by Head of Presidential Guard, Edgar Thomas who was the Regional Commander at the time of the March 2020 elections.
Thomas was relieved of his command of the region 4(A) on March 5th, 2020, three days after the elections, after he reportedly failed to clear the Guyana Elections Commission (GECOM) Region Four command centre which was housed at the Ashmins building of all persons in the wake of a bomb threat that day.
Reports are that the instruction was reportedly given to Thomas by Azore, who held a lower rank than him. Azore was subsequently assigned to command Region 4A.
A total of ten persons have now made the decision to remain silent when they appeared before the CoI. PNCR members, Volda Lawrence, Karen Cummings and Carol Joseph informed the Commission of their decisions under oath on Thursday. The four other persons are GECOM employees.
