Guyana Elections Commission (GECOM) Information Technology (IT) Officer, Enrique Livan, who is accused of attempting to change figures on some Statements of Poll (SOPs) in Region Four and is facing elections related charges yesterday invoked his right to remain silent when he appeared before the ongoing Presidential Commission of Inquiry into the March 2020 elections.
Livan, who was summoned to appear before the Commission is now the eleventh person to have taken that decision.
He was represented by attorney, Eusi Anderson who briefly informed the CoI which is being chaired by retired Justice, Stanley John that “he will invoke his right to remain silent having regard to the fact that he is presently before other courts in Guyana charged with diverse offences related to the mandate of this Commission”.
As part of his duties, Justice John reminded Livan of his rights. “I must tell you, we are aware that you are the subject of certain criminal charges arising out of the March 2020 Regional and general elections. As a consequence, Mr Livan you…have the right to silence. That is, you are not bound to say anything in accordance with the provision of the constitution. You are not bound to respond to any questions put to you by any of the Commissioners nor by Counsel for the Commission. Simply, you are not bound to testify before us today. What do you wish to do?” Justice John enquired.
But before he responded, former Chancellor of the Judiciary, retired Justice Carl Singh told Livan, “…. this commission has evidence before it in which you have been identified with certain events at the Ashmins building on the 5th of March 2020. So, I ask you to bear that in mind in making your decision”.
“I wish to remain silent” Livan informed the CoI from the witness stand.
Livan is among a number of individuals, including several GECOM officials who are facing charges stemming from their alleged involvement in the manipulation of the elections results.
On the morning of March 4, 2020 the police had conducted a public interrogation of Livan at the tabulation centre at the Ashmins building after a party agent claimed they saw him entering data from a “flash drive onto a spreadsheet” outside the scrutiny of party representatives and observers.
Livan was subsequently charged with manipulating the numbers of the SOPs that were recorded in the system so that they reflected fraudulent numbers for District Four.
Many persons including previous witnesses who had appeared before the CoI had implicated Livan in the events of the March 2020 elections, particularly on the events of March 5 at the GECOM Command Centre at the Ashmins building.
People’s Progressive Party\Civic (PPP/C) member Bibi Anieshaw Mohamed, who was the Tabulation Officer for the party during the elections had told the CoI that Livan attempted to change the figures on some of the SOPs.
Mohamed had said that the spreadsheet was initially used for the verification of the SOPs and it was not until Livan had been found in the room that suddenly a spreadsheet surfaced in the tabulation room.
Local activist, Jonathan Yearwood had told the inquiry that “numerous mistakes” were made and ‘incorrect numbers” were called out in the tabulation and verification of votes for Region Four during the 2020 elections after Livan took over the process.
