Magistrate to rule December 30 on whether elections case will proceed summarily or indictably

Chief Magistrate (ag) Faith McGusty will deliver a ruling on December 30, 2024, on whether the high-profile 2020 election fraud case will proceed summarily or indictably.

This decision follows a hearing yesterday, during which the prosecution and defence teams debated procedural submissions.

The case involves former Chief Election Officer Keith Lowenfield, former Deputy Chief Election Officer Roxanne Myers, Region Four Returning Officer Clairmont Mingo, Opposition MP Volda Lawrence, People’s National Congress Reform (PNCR) member Carol Smith-Joseph, and Elections Officers Sheffern February, Enrique Livan, Denise Bobb-Cummings, and Michelle Miller. The group faces 19 charges of conspiracy related to alleged attempts to manipulate the results of Guyana’s 2020 general elections.

Special prosecutor Darshan Ramdhani argued for the case to proceed summarily, citing consistency with previous rulings by other magistrates who handled the case. He emphasized that all charges are based on similar evidence, which, he said, would make a summary trial the most efficient use of court resources.

Ramdhani also highlighted the delays, noting that more than three years have passed since the charges were filed in 2020. He criticized the defence’s request for the case to restart, arguing that this would prolong an already protracted legal process.

Defence attorney Nigel Hughes objected to the prosecution’s position, insisting that the matters must begin afresh under the de novo principle. According to Hughes, this would require the court to treat the charges as if they were being read for the first time and determine whether the trial should proceed summarily or indictably.

Hughes maintained that starting anew is necessary to ensure procedural fairness, reiterating his written submissions to the court.

The charges stem from allegations that key election officials and political operatives conspired to tamper with the results of Guyana’s March 2020 general elections. The elections, which were marred by widespread controversy resulted in a five-month delay before the People’s Progressive Party/Civic (PPP/C) was declared the winner.

A trial in the matter had already commenced and witnesses testified. However,  Magistrate Leron Daly, who previously presided over the matter, fell ill and it was  reassigned to Magistrate McGusty.

 

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