Elections fraud case: Cross-examination delayed due to absence of defence lawyer

– Magistrate allows voir dire to continue

Cross-examination in the ongoing 2020 elections fraud case was again stalled on Wednesday after the attorney leading questioning for one of the accused failed to appear in court, prompting objections from the prosecution and debate over how the matter should proceed. The case, being heard at the Georgetown Magistrates’ Courts, centres on allegations of electoral fraud during Guyana’s 2020 General and Regional Elections. Although the prosecution had several witnesses present and ready, cross-examination in the voir dire proceedings could not move forward due to the absence of Defence Attorney Eusi Anderson. Anderson, who is representing former Guyana Elections Commission (GECOM) employee Denise Babb-Cummings is reportedly out of the jurisdiction. On Tuesday, Acting Chief Magistrate Faith McGusty had been informed that attempts to contact him were unsuccessful, leading to an adjournment. When the case resumed on Wednesday, he was again absent. In light of the delay, Prosecutor Latchmie Rahamat urged the court to allow another Defence Attorney to proceed with cross-examination, arguing that all counsel is collectively on record for the accused. “These dates were reserved since November last year. Witnesses have been scheduled and prepared for months.

Persons have already been briefed, a lot of the other civilian witnesses and these witnesses have jobs,” Rahamat told the court. She maintained that the prosecution had organised its witnesses well in advance and had intended to conclude the voir dire for Sheffern February before beginning that of Babb-Cummings. Rahamat stressed that no prejudice would arise if another lawyer handled the cross-examination. “All of the defendants have five lawyers. We do not believe there is any prejudice in permitting the evidence of these witnesses to be led,” she said, adding that it was unreasonable to expect the prosecution to reshuffle witnesses within a day after months of preparation. The defence however, maintained that each attorney is responsible for conducting proceedings on behalf of their specific client. Attorney-at-law Ronald Daniels, who appeared virtually, explained that the arrangement has been consistent throughout the case. “That practice has not changed,” Daniels told the court. “I have not taken any involvement in these proceedings, having regard to the manner in which our respective representation.” Attorney Tiffaine Rutherford, appearing in court on behalf of Nigel Hughes of Hughes, Fields and Stoby, later indicated that she would supervise the testimonies to allow some progress, pending Anderson’s return. The Magistrate informed the court that Anderson had communicated that he would be available to conduct cross-examination by Friday. The charges stem from allegations that former GECOM Chief Elections Officer (CEO) Keith Lowenfield; former District Four Returning Officer Clairmont Mingo; former Deputy CEO Roxanne Myers; former Minister of Health Volda Lawrence; A Partnership for National Unity + Alliance For Change (APNU+AFC) Chief Scrutineer Carol Smith Joseph; and former GECOM employees Sheffern February, Michelle Miller, and Denise Babb-Cummings conspired between March 2 and August 2, 2020, to manipulate election results at the Ashmins Building in Georgetown. During Wednesday’s proceedings, members of the Guyana Police Force (GPF) gave evidence in the voir dire against February and Babb-Cummings. Among those testifying were Inspector Nigel Stephens of the Criminal Investigation Department (CID); Assistant Superintendent Komal Pitama of the Cove and John Police Station; Detective Superintendent Rodwell Sarabo of the Brickdam Police Station; Inspector Hamlet DaSilva of Police Headquarters at Eve Leary and the Tactical Services Unit; Detective Inspector Shane James of CID Headquarters; and Lance Corporal Sherwin Benjamin of CID Headquarters. The matter was adjourned to Thursday, February 26, 2026, for other witnesses to testify. However, on Friday, February 27, cross-examination is expected to commence.