DPP discontinues APNU/AFC-filed charges against GECOM Chair

…writes Chief Magistrate, invokes constitutional power

Director of Public Prosecutions (DPP), Senior Counsel Shalimar Ali-Hack has stepped in to discontinue private criminal charges that were filed against Guyana Elections Commission (GECOM) Chairwoman, Retired Justice Claudette Singh last week by three APNU/AFC supporters.

This is according to a letter seen by this newspaper that DPP Shalimar Ali-Hack wrote to Chief Magistrate Ann McLennan. In the letter, dated August 3, the DPP invoked Article 187 (1) (c) of the Constitution of Guyana.
She informed the Chief Magistrate that in the exercise of her constitutional power, she was discontinuing the misconduct in public office charges against Justice Singh – charges that were criticised for being devoid of legal basis and “below nuisance value.”
Article 187 (1) (c) of the Constitution of Guyana states: “The Director of Public Prosecutions shall have power in any case in which she considers it desirable… to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by her or any other person to authority.”
The DPP, therefore, acted in accordance with her constitutional powers. Back in April 2018, the DPP had used Article 187 (1) (c) to dismiss private criminal charges against the then Government Ministers Volda Lawrence and Dr George Norton, over the sole-sourcing of more than $600 million in drugs and other pharmaceuticals for the Georgetown Public Hospital Corporation, and the rental of a house in Sussex Street, Albouystown, Georgetown, to be utilised as a drug bond at a cost of $12 million monthly.

Days later, she also discontinued charges against Finance Minister Winston Jordan, Public Infrastructure Minister David Patterson, and former Public Service Minister, Dr Rupert Roopnaraine for breaching the Procurement Act in relation to the expenditure of $906 million in public funds on the controversial D’Urban Park Project.
Last week, three APNU/AFC supporters filed separate private charges of alleged misconduct in public office against the GECOM Chair. The first charge alleged that the GECOM Chair acted recklessly and unlawfully when she disregarded the advice of Chief Parliamentary Counsel Charles Fung-A-Fat, SC, on May 17.
The Parliamentary Counsel had advised that a recount process was unlawful and unconstitutional. However, Justice Singh went ahead to gazette the Recount Order, paving the way for the exercise to be conducted. It has nevertheless been pointed out that GECOM, as an independent constitutional agency, was not obligated to take on board that advice.

The second charge had alleged that Justice Singh breached the gazetted Recount Order and its amendment. The third charge had accused Justice Singh of refusing to accept the reports submitted by Chief Elections Officer (CEO) Keith Lowenfield, on three occasions.

At the time, Lowenfield himself was before the courts on private criminal charges for his refusal to comply with instructions from the GECOM Chair. Persons had, therefore, suggested that the charges against the GECOM Chair were retaliatory in nature. From the inception, there was criticism that the charges are malicious and nuisance value, since the Chair has always acted lawfully.
Charges were filed against Lowenfield, alleging that between March 5 and June 23, 2020, the CEO conspired with person(s) unknown to commit the common law offence of fraud when he submitted his Election Report dated June 23 to include figures that altered the results of the elections.
Another charge had contended that Lowenfield, while performing his duties as CEO of GECOM, ascertained the results of the March 2 elections “knowing the said results to be false, the said wilful misconduct amounting to a breach of the public’s trust in the office which he presides”.
In fact, the charges against Lowenfield were filed since June 30. On July 3, the Georgetown Magistrates’ Courts was forced to issue a summons for the CEO after marshals could not find him to serve him with notice of the case. It actually took over three weeks before he was officially served on July 23, as the CEO did his best to avoid being served.
On Sunday, the GECOM Chair declared the People’s Progressive Party (PPP) Presidential Candidate, Dr Irfaan Ali as the winner of the elections based on the results of the recount. He was sworn in as the ninth Executive President of Guyana on Sunday afternoon. (G3)