The Commission of Inquiry into the March 2nd 2020 general election says it is unable to say if GECOM Information Technology officer Enrique Livan was responsible for adjusting votes in District Four.
“We are unable to say that Mr. Enrique Livan was responsible for the adjustment of the actual votes in electoral district No. 4 found on a computer in his possession”, the Commission said in its report last week.
The report said however that there is a degree of suspicion about this conduct on March 5th.
“The evidence from witnesses relating to this incident did not reach that threshold to facilitate such a conclusion. We hasten to add, however, that a degree of suspicion surrounds Mr. Livan’s conduct in the early hours of the morning of 5th March, 2020 in relation to the laptop incident.
“From the witness Alexandra Bowman, a GECOM employee, we heard credible evidence that Mr. Livan had put on her personal USB drive a spreadsheet with electoral returns for district 4, the information on which she said had been entered by Mr. Livan on her USB drive and which turned out to be falsified figures showing an incorrect increase in votes for the APNU/AFC party and a corresponding decrease in votes for the PPP/C”, the report said.
Livan, who is accused of attempting to change figures on some Statements of Poll (SOPs) in Region Four and is facing elections related charges on January 9th this year invoked his right to remain silent when he appeared before the Presidential Commission of Inquiry into the March 2020 elections.
He was represented by attorney, Eusi Anderson who briefly informed the CoI 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, Chair of the Inquiry, Justice Stanley 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 5, 2020 the police had conducted a public interrogation of Livan at the tabulation centre at the Ashmins building after a party agent claimed she 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.
