Alliance For Change elections scrutineer, Nicola Trotman yesterday declined to answer questions when she took the stand before the Presidential Commission of Inquiry into the March 2020 General and Regional Elections.
Trotman had from the outset advised the commission via her attorney Nigel Hughes that she wished not to offer any testimony before the commission. She stated that she was involved in an elections petition matter and runs the risk of incrimination during her testimony.
After enquiries by Chairman of the Commission, Retired Justice of Appeal, Stanley John and Commissioner Carl Singh, Hughes advised his client that the commission wished for her to take the stand.
In their initial questioning, both commissioners John and Singh asked if the court matter referred to by Trotman was still in progress and whether it was a civil case.
Singh also floated the option for Trotman to tender her court proceedings’ affidavit to the commission as evidence in the hearing but Hughes advised that he was not Trotman’s attorney in those proceedings.
Singh told Hughes, “If it does not incriminate in any way then the Commission really expects your assistance as counsel. The offer is made to you if you would like to look at the affidavit…Mr Hughes, really when you came your role here before us is as counsel for a summoned witness…so I believe you do bear some responsibility.
“We are here not witch-hunting, we are not here to get at anybody, we are here to ascertain the truth in relation to our terms of reference and if we could get your assistance, we would be grateful,” Singh stated.
Senior Counsel, Sophia Chote, who is leading evidence in the inquiry further submitted to the CoI that while there is a potential for a person to incriminate themselves in the answering of questions, once summoned before the Commission they are subject to answer on the grounds that the questions do not infringe or have the ability to incriminate.
Her submission was considered and Trotman was asked to take the stand. Prior to answering questions, Commissioner John informed Trotman of her right to remain silent or refuse to answer any question that she felt may incriminate her in any way.
Responding to a series of questions, while under oath, on the events that occurred at Ashmins Building at Hadfield and High streets, on March 4th and 5th 2020, Trotman said “on my advice of counsel I will not answer that question.”
Trotman was asked if while being a member of the APNU+AFC coalition she participated in the tabulation process at the Ashmins building. She was also questioned on whether a member of her team was Volda Lawrence.
She was also asked if she had a telephone conversation with someone from the Guyana Elections Commission (GECOM) informing her of the restart of the tabulation process around 11 am and if she along with other members from the coalition returned to the tabulation centre around 11.20 am.
Despite her repeated indication of being unable to answer the questions, Chote questioned Trotman on if she saw the returning officer of District Four Clairmont Mingo who appeared to be ill but who informed her and others that he had arrived at the Ashmins building to make a declaration?
Chote further asked if she later swore to an affidavit involving Reeaz Holladar, the applicant in the PPP-led court case that challenged the vote count for Region Four and if she swore to an affidavit in any other legal proceedings.
Trotman was finally asked by Chote if was aware that the matter involving Holladar had been concluded before the court and she maintained her response.
Singh at the end of the questioning by Chote took the opportunity to clarify from Trotman if she was facing any criminal charges arising out of the March 2020 elections, in the courts of Guyana, to which she responded in the negative.
“Not that I am aware of your honour,” she said.
A number of persons called before the commission including GECOM staff have opted not to answer questions related to the elections fiasco at the Ashmins Building which was used as the Tabulation and Command Centre for District Four during the election period.
Those who remained silent include former Chief Election Officer (CEO), Keith Lowenfield and former GECOM District Four Returning Officer, Clairmont Mingo. GECOM support staff members, technician Enrique Livan, Carolyn Duncan, Denise Babb-Cummings, Michelle Miller and Sheffern February also declined.
Senior Superintendent of Police Phillip Azore, who was Commander at the time for Regional Division Region Four ‘A’, PNCR member Carol Smith-Joseph, former Minister of Foreign Affairs Dr. Karen Cummings and former Minister of Health Volda Lawrence also opted not to say anything.
The commission has taken a break and will resume public hearings on February 6th.
