-case adjourned to Monday
State prosecutor in the elections fraud case, Darshan Ramdhani KC yesterday challenged Magistrate Leron Daly on decisions she made on the first two days and her note-taking.
As a result, the long-awaited trial has now been adjourned to Monday for the defence to reply to the submissions made
Yesterday’s exchanges went as far as the Magistrate making her ledger available for Ramdhani to inspect the notes that she had taken.
The third day of the trial at the Georgetown Magistrate’s Court began with Ramdhani outlining a number of issues he believes need to be addressed before allowing the witnesses to continue with their evidence. As Minis-ter of Local Government and Regional Development Sonia Parag gave her evidence over the first two days and Rosalinda Rasul on Tuesday, Ramdani stated that several observations were made based on the Magistrate’s approach towards the evidence being presented. The prosecution debated for a long period with the Magistrate as they argued the relevance of mentioning the names of third parties.
The prosecutor told the Magistrate that on several occasions, she had not made notes of matters to be used as evidence. Magistrate Daly then asked the prosecution to be specific in highlighting the issues so that they could be addressed. Ramdani continued to argue his case. Magistrate Daly then insisted that the prosecution point out instances where important pieces of evidence were omitted and she outlined her duties as Magistrate and added that she has the authority to omit what is irrelevant in an evidence statement. Magistrate Daly briefly explain-ed her authority as Magistrate and Ramdani subsequently apologized and further outlined the issues.
As Magistrate Daly’s notes of record were questioned by the prosecution, the Magistrate handed over the ledger that was being used to make notes to Ramdani as he indicated that he observed her not taking notes at critical points when the witnesses were testifying. The prosecution also questioned the credibility of video footage that is also being used as a record. Magistrate Daly further explained that her notes are the official records of the case. This prompted the prosecution to request the footage after which her notes were examined for about fifteen minutes. Magistrate Daly then left the bench and allowed the prosecution to peruse her notes and it was after having a discussion with both the prosecution and the defence in her chambers that she returned to the bench.
As a result of the exchanges between the prosecution and the magistrate, no witness took the stand yesterday in the trial of 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 charge against them reads 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.
Ramdhani also made submissions about admissibility and the mentioning of names of persons who are not defendants. In light of these submissions among others, the prosecution is hoping that Parag can return to the witness stand. Defence lawyer, Eusi Anderson objected, stating that their submissions should be heard before a decision is made on whether Parag would return. Magistrate Daly then stated that after the defence’s submission the court will rule.
The prosecution emphasized that moving forward other witness may mention names of persons who are not among the defendants as a part of their testimonies. Magistrate Daly emphasised that if the circumstances are the same the court will maintain its position and if used in a different context the court will then make a decision.
The submissions were made by the prosecution because of Magistrate Daly’s decision to strike pieces of Parag’s and Rasul’s statements that were deemed irrelevant.
After the recess, the Magistrate told the court that there are some issues that will be reviewed and the matter was adjourned to August 5.
