-decision pending on whether matter will start afresh
The election fraud case will continue on December 9 in the courtroom of Acting Chief Magistrate Faith McGusty with key decisions to be made.
The case, previously overseen by Magistrate Leron Daly who fell ill, was recently reassigned to Magistrate McGusty.
At yesterday’s case management conference, the Acting Chief Magistrate instructed the defence attorneys to submit their written arguments within three weeks, with the State given until November 29 to file responses.
During the proceedings the issue of the matter being heard de novo was raised by the defence attorney, Nigel Hughes, since the defendants appeared before the court on the very first occasion where they entered their plea. He also highlighted that with indictable matters there is no requirement to plead but if the matter is then passed down to a new magistrate the decision to make the matter summary is solely up to the new presiding magistrate.
As such the court has decided to take written submissions from both the prosecution and defence which they have until November 29 to submit and the magistrate will review before they return to court on the Dec 9 to orally argue anything they would have missed.
Meanwhile, Special Prose-cutor Darshan Ramdhani KC, highlighted that the most important thing for the state is that it wants to get the matter going as soon as possible, noting that it has been over three years that it has been within the court system.
Acknowledging the protracted nature of the case, Magistrate McGusty assured all parties that she would work to ensure efficient proceedings, aimed at preventing further delays. Hughes, too, emphasised the need for professionalism, urging the court to avoid outside influence in what he described as a “highly political” case. He also expressed concern over perceived political criticisms and pressures, suggesting that these could cast a shadow over the judiciary. Ramdhani also called for respectful and constructive debate, echoing Hughes’ cautionary stance.
The state plans to summon approximately 70 witnesses, and Magistrate McGusty will determine the schedule as the case progresses.
The nine defendants—former Chief Election Officer, Keith Lowenfield; former Deputy Chief Election Officer, Roxanne Myers; Region Four Returning Officer, Clairmont Mingo; Opposition MP Volda Lawrence; and PNCR member, Carol Smith-Joseph; along with Election Officers: Sheffern February, Enrique Livan, Denise Bobb-Cummings, and Michelle Miller—face 19 charges of conspiracy, relating to an alleged attempt to manipulate the results of the 2020 elections. All have pleaded not guilty.
