Elections fraud case: Magistrate signals end to delays, obstacles

…as lawyers argue conflict of interest issue by prosecution

The high-profile election fraud case following Guyana’s 2020 General and Regional Elections is moving steadily after years of delay, as acting Chief Magistrate Faith McGusty indicated her determination to see the matter progress without further holdups.
On the second day of the trial, the proceedings began with the continuation of witness Rosalinda Rasul’s testimony, cross-examination by Nigel Hughes, and heated courtroom exchanges over alleged conflicts involving prominent attorney at law Latchmie Rahamat and Dexter Todd.
Nevertheless, Rasul, Head of the Diaspora Unit at the Foreign Affairs Ministry and an accredited elections observer at the 2020 elections continued her testimony, providing an account of the disputed tabulation process at GECOM’s Ashmin’s Building.
During Wednesday’s session, Magistrate McGusty addressed concerns about the four-year delay in bringing the case to trial. While not directly stating that further delays would be tolerated, her remarks made clear that the matter would move forward. “We would all like this matter to come to an end one way or another,” she said, underscoring the court’s intent to push past procedural obstacles.

Witness provides more evidence of Mingo altering tabulations
Continuing from where she left off on day one, Rasul recounted that on March 13, 2020, she entered GECOM’s media center as the tabulation process commenced. According to her, political party agents Sasenarine Singh (PPP/C), Jonathan Yearwood (ANUG), Lennox Shuman, and other party agents immediately raised concerns about the lack of running totals. Rasul testified that returning officer Clairmont Mingo refused to provide those totals, leading to heated arguments.
“The political parties pressed Mr. Mingo to commence the tabulation process …,” Rasul said. However, she said Mingo initially agreed but later reversed his decision, insisting that the process would continue from where it left off on March 5”.

Rasul testified that Mingo attempted to falsely declare the results, and legal proceedings were filed in the High Court. However, Mingo persisted and moved the tabulation process to GECOM headquarters.

Party representatives and observers were instructed to gather under a shed at 16:00h. Rasul, under heavy security, was escorted to the location, where Mingo, along with Denise Babb-Cummings Babb and Sheffern February, conducted the tabulation by reading numbers from papers.
Objections were raised about the speed of the process but were ignored. She said the process continued, party representatives and observers eventually left, and another AmCham observer took over when Rasul departed.
<<<Courtroom Drama>>>
During Rasul’s testimony, drama enfolded when defense attorneys including Eusi Anderson and Darren Wade, challenged the role of prosecutor Latchmie Rahamat. The issue arose after Rahamat disclosed information related to two earlier private criminal charges against some of the accused associated with the 2020 elections.
“I have instructions from the DPP to disclose to the court that before these criminal charges were instituted by the police, there were previously two private criminal charges filed by a representative of the PPP party,” she stated. She further added, “At that time, Mr. Dexter Todd was part and parcel of a prosecutorial team that was being assembled to move those two charges further. Those charges are no longer in existence.”
Defense attorney Anderson objected, raising concerns about the fairness of the proceedings.
Rahamat clarified her statement, asserting that she was not accusing Todd of any wrongdoing. “Your Worship, I am not saying that Mr. Todd did anything improper. I was instructed by the DPP to disclose this information simply because it relates to the history of this matter. There’s no accusation against Mr. Todd,” she stated.
Given the opportunity to clarify, Dexter Todd firmly denied any substantive involvement in the case, saying “I was initially a part of a selected group. I met on two occasions. I stepped away from the matter because I did not form the view that the prosecutor should also be the investigator. All these statements that form part, that even are now here, were prepared through Ms Rahamat’s office, not at the CID’s office,” Todd explained.
“I never saw a statement or advised on a statement. I was not a part of advising at all. So that is misleading” he added.
Despite continued objections from the defense, Magistrate McGusty ruled that Rahamat would remain on the case. Nevertheless, throughout the heated exchanges, Magistrate McGusty remained firm in her stance about moving ahead with the case and finishing the case, addressing the defense’s repeated objections.
Following Rasul’s testimony, she was cross-examined by Nigel Hughes, who focused on what he described as the inconsistencies between her police statement and testimony.
Hughes also questioned Rasul’s familiarity with election procedures. At the end of the cross-examination defense requested the witness to submit her Curriculum Vitae (CV) in 2015 and an updated CV.
The case was adjourned to March 17, when further cross-examination of Rasul is expected.
The accused included former District Four Returning Officer Clairmont Mingo, former Health Minister Volda Lawrence, PNCR activist Carol Smith-Joseph, former Chief Elections Officer Keith Lowenfield, and former Deputy CEO Roxanne Myers. All defendants face 19 charges of conspiracy to commit electoral fraud, charges to which they have all pleaded not guilty.