Elections trial to proceed summarily from February 17th

Acting Chief Magistrate Faith Mc Gusty yesterday ruled that the 2020 election fraud cases currently before the court will proceed summarily—meaning trial by magistrate rather than before a jury in the High Court.

She also ruled that the trial will commence on February 17th at 1 pm with hearings continuing for two consecutive days.

Trial dates have also been set for March.

Magistrate Mc Gusty in her ruling yesterday said that she opted for the summary disposal of the case due to the prolonged time the matters have remained unresolved and the need to serve the public interest through a timely trial.

In her ruling, Magistrate Mc Gusty emphasised the importance of expediting justice, particularly in cases of national significance. She stated that the decision aims to prevent further delays in resolving the charges.

Typically, cases taken indictably involve a preliminary inquiry or paper committal to assess whether the evidence is sufficient to warrant a trial in the High Court. If a prima facie case is made out then the accused is committed for trial. How-ever, inadequate evidence results in the accused being discharged.

The defence team, led by attorney-at-law Nigel Hughes, had submitted written arguments advocating for an indictable trial. Hughes argued that this approach would allow for a more robust evaluation of the evidence and provide greater procedural safeguards for the accused.

Lead prosecutor Darshan Ramdhani, KC, opposed the defence’s position, asserting that the court should proceed summarily, as it would ensure a more efficient resolution of the case.

The long-awaited trial had commenced on July 29th 2024 before Magis-trate Leron Daly but stalled after just three days. The prosecution had raised concerns over the exclusion of key evidence, which Magistrate Daly had ruled inadmissible, and expressed frustration over the frequent objections made by the defence. These procedural disputes led to the first postponement in early August when Magistrate Daly went on medical leave. The magistrate later proceeded on sick leave and the case was eventually taken over by Magistrate Mc Gusty.

During the three days only two witnesses had testified. Minister of Local Government and Regional Development, Sonia Parag provided testimony over the course of the first two days, followed by Rosalinda Rasul.

The charges stem from alleged irregularities during the 2020 elections, drawing significant public attention and involves former Chief Election Officer Keith Lowenfield, former Deputy Chief Election Officer Roxanne Myers, Region Four Returning Officer Clairmont Mingo, Opposition Member of Parliament Volda Law-rence, People’s National Congress Reform (PNCR) member Carol Smith-Joseph, and Elections Offi-cers Sheffern February, Enrique Livan, Denise Bobb-Cummings and Michelle Miller.