…Magistrate to make decision on request on Wednesday
The 2020 electoral fraud case has again reached another stumbling block as despite the State being ready to move forward and despite providing the defence with a plethora of evidence, a request from the defence for Guyana Elections Commission (GECOM) minutes from that period has resulted in additional delays to the trial.
On Monday, the election fraud cases related to the March 2, 2020 General and Regional Elections were called before Magistrate Leron Daly at the Georgetown Magistrates’ Courts.
The State was going to call Local Government Minister Sonia Parag, Diaspora Unit Head Rosalinda Rasul, former Region Four Police Commander Edgar Thomas, and Forensic Investigator Rawle Nedd as witnesses.
However, Attorney-at-Law Nigel Hughes made a last-minute request for minutes from GECOM on the grounds that this would help him prepare to defend his clients.
Hughes’ clients are former Chief Elections Officer (CEO) Keith Lowenfield, his former Deputy CEO Roxanne Myers and former Region Four Returning Officer Clairmont Mingo.
It is understood that the defence had previously been given Statements of Poll (SoPs) and Statements of Recount (SoRs), as well as other documents and video evidence including video-recorded interviews.
During Monday’s hearing, Special Prosecutor Darshan Ramdhani, KC, described Hughes’ request as a delaying tactic, since related disclosures were done over two years ago and Hughes had not requested the minutes then. Further, Ramdhani argued that Section 140 of the Representation of the People Act (ROPA) prohibits these documents from being disclosed.
However, Hughes cited Article 144 of the Constitution in arguing that his request was a reasonable one and went on to say that the Constitution supersedes ROPA. However, Ramdhani noted that he did not have the requested documents, nor did he have the authority to disclose them, but rather the High Court did.
Magistrate Daly eventually adjourned the case until Wednesday, March 6, when she will make a pronouncement on Hughes’ request. As the Magistrate informed the court, however, further approaches to the High Court may only serve to delay the case even more.
On October 25, 2023, Magistrate Daly had informed Ramdhani that she would not start the trial until the prosecution had arranged witness statements, exhibits, and other trial-related materials in an orderly manner.
Prosecutor Ramdhani had at the time provided flash drives containing certified copies of the SoPs and SoRs, scanned documents as well as video interviews. Multiple bundles of paperwork were also turned in.
