With prosecution witnesses lined up, the long-awaited elections fraud trial was further held up yesterday after attorney at law, Nigel Hughes requested a short adjournment for the review of the admissibility of Guyana Elections Commission (GECOM) minutes.
He told Magistrate Leron Daly that the non-admission of the GECOM minutes in the court case would not allow for his clients to have a free and fair trial since the evidence that it contains is contradictory. He requested to have a review of them thereby affording his clients Keith Lowenfield and Roxanne Myers the chance at a fair trial.
He said that Section 140 (2) of the Representation of the People Act (ROPA) would not allow his clients the right to a fair trial.
That section states “No evidence of any deliberations of the Elections Commission or communications between members of the Commission regarding its business shall be admissible in any court”.
He said “Lowenfield and Myers are not guaranteed a fair trial since it violates their fundamental rights to a fair trial, as guaranteed by articles 144 and 149D of the Constitution”
In effect section 140 (2) would mean that the lawyers could not cross-examine the commissioners when they testify on decisions and directions which they made and issued in relation to the elections.
State counsel Darshan Ramdhani KC argued that Hughes’ inquiries about disclosure directly addressed the use of spreadsheets in tallying election results, particularly in defence of individuals associated with GECOM.
Ramdhani noted that these requests were made more than two years ago, emphasizing that no prior requests were made for access to the Commission’s meetings’ minutes and decisions.
However, he contended that Section 140 of the Representation of the People Act prohibits the release of such documents.
In response, Hughes argued that Article 144 of the Constitution contradicts ROPA and guarantees his clients a fair trial, thus superseding any restrictions.
Ramdhani maintained that he lacked the authority to disclose the documents and stated that any such directive would need to come directly from the Court to GECOM.
He also argued that the use of spreadsheets during the elections was not allowed however it was still done. “The court made an order that spreadsheets were not allowed to be used”, he asserted.
He also characterized Hughes’ application as a strategic manoeuvre aimed at postponing the trial’s start, asserting that it lacked merit and was essentially frivolous. He emphasized that such tactics only served to prolong the legal process unnecessarily without valid justification.
Ramdhani informed the magistrate that he had his witnesses ready, one of whom was the Minister of Local Government Sonia Parag who was present inside the court. Alongside her Head of the Diaspora Unit, Rosalinda Rasul, former Region Four Police Commander Edgar Thomas and Forensic Investigator Rawle Nedd were all present inside the court ready to testify.
Following extensive discussions and a proposal to seek guidance from the High Court regarding the disclosure of documents in the Magistrate’s Court, Magistrate Daly decided to adjourn the proceedings until tomorrow.
During the adjournment, she intends to thoroughly review the arguments presented by both parties and deliberate on the best course of action. However, she expressed concerns about the potential for further delays in commencing the trial if the High Court’s involvement is pursued.
Magistrate Daly acknowledged the importance of ensuring a fair and efficient legal process while balancing the need for transparency and adherence to relevant laws and regulations. She emphasized her commitment to reaching a timely and just resolution in the matter.
The magistrate had all parties involved in yesterday’s proceedings stand and indicate their presence in court. Present were former Chief Election Officer Keith Lowenfield, former District Four Returning Officer Clairmont Mingo, former Deputy Chief Election Officer Roxanne Myers, Volda Lawrence, Sheffern February, Denise Bobb-Cummings, Michelle Miller, Enrique Livan and Carol Smith-Joseph.
The charges which were initially read to the defendants in June of 2021 state that between March 2nd of 2020 and August 2nd also of 2020, they conspired with each other to defraud the electors of Guyana by declaring a false account of votes cast for the general election which was held on March 2nd, 2020.
