An application by defence counsel for some of the 2020 elections fraud accused, for access to GECOM minutes has triggered another delay in the long-awaited hearing of the case.
Magistrate Leron Daly yesterday ruled that the argument raised by defence counsel Nigel Hughes that the absence of Guyana Elections Commission (GECOM) minutes for the period in question would deny a fair trial to his clients: former Chief Election Officer (CEO), Keith Lowenfield and Deputy CEO, Roxanne Myers had merit.
The magistrate therefore ruled that matter would have to be referred to the High Court and she adjourned the case to April 2, 2024.
Witnesses for the prosecution were present in court on Monday and yesterday to no avail as they were not invited to testify.
On Monday, Hughes raised eyebrows when he asked for access to the GECOM minutes. Prosecutor Darshan Ramdhani KC argued that Hughes should have raised this matter two years ago during the period for disclosures.
At Monday’s session it was pointed out that section 140 (2) of the Representation of the People Act says that “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”.
Hughes said this section clashes with the constitutional right to a fair trial as outlined in articles 144 and 149 (d).
The Magistrate then set yesterday for a ruling on the matter. When the court convened, the magistrate said that the court had determined that the defendants’ concern regarding a fair trial, as stipulated by articles 144 and 149 (d) of the Constitution, holds substantial merit and directly impacts the entirety of the trial proceedings. Consequently, the court is obligated to refer the matter to the High Court for a thorough examination of whether section 140 (2) of the Representation of the People Act (ROPA) violates constitutional principles and whether GECOM should disclose pertinent deliberations and meeting minutes.
Prosecutor Ramdhani informed the magistrate that in light of this decision he wants the court to put in writing that he has been ready to pursue the matter since the date that was set for trial.
The magistrate obliged his request.
Kit Nascimento, one of the prosecution’s witnesses blurted out in the court “I just want this (the trial) to begin I am 93 years old”. The magistrate then asked that he be quiet. Nascimento however continued to remonstrate over the delay and she instructed him to exit the court room.
The elections matter now stands adjourned to April 2, 2024.
On Monday, all of the defendants were present in court for the start of the trial. Present were former Chief Election Officer Lowenfield, former District Four Returning Officer Clairmont Mingo, former Deputy Chief Election Officer 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.
