Keith Lowenfield’s fraud charges trial to begin on October 26

…DPP a no-show at court

The case against embattled Chief Elections Officer, Keith Lowenfield was adjourned on Friday after the representative of the Office of the Director of Public Prosecutions (DPP) did not turn up at the Georgetown Magistrates’ Courts.

Lowenfield, along with Senior Counsel Neil Boston, showed up at the courthouse where the decision of the DPP, Shalimar Ali-Hack, on whether the charges will be withdrawn, was supposed to be presented. His attorney had previously written the Director of Public Prosecutions (DPP) to review the charges in a bid to dismiss them. However, the parties were asked to have all files ready by October 9, and the trial will follow thereafter, on October 26.
Private charges were initially filed by citizens, Josh Kanhai and Desmond Morian, accusing Lowenfield of three counts of fraud. On July 24, the Chief Elections Officer made his first court appearance, where he was slapped with three private criminal charges regarding conspiracy to commit fraud, misconduct in public office and breach of trust. The case was postponed on August 14 after his lawyers asked the DPP to review the charges in a bid to dismiss them.
The National Recount exercise showed the People’s Progressive Party/Civic winning the elections with 233,336 votes. But Lowenfield had repeatedly refused to submit his final elections report with those figures despite being so directed by the GECOM Chair.
Kanhai, a member of The New Movement party, filed a charge which stated 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.
Meanwhile, Morian 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.
Morian later filed another private criminal charge, contending that Lowenfield conspired with a person or persons unknown to use Returning Officer Clairmont Mingo’s fraudulent figures to prepare a report that was submitted to the Chairperson of the Guyana Elections Commission (GECOM), Retired Justice Claudette Singh, back in March.

Compelling evidence
After Lowenfield was released on $450,000 bail, the attorney-at-law representing the litigants, Glenn Hanoman, told Guyana Times in a telephone interview that they have compelling evidence to support the charges filed against the GECOM official. These statements came after Boston hurled allegations that the litigants were unprepared.
Last month, the DPP discontinued private criminal charges that were filed against GECOM Chairwoman, Retired Justice Claudette Singh by three APNU/AFC supporters. In the letter, dated August 3, the DPP invoked Article 187 (1) (c) of the Constitution of Guyana.
She informed the Chief Magistrate, Ann McLennan, 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”.
Meanwhile, Lowenfield is also under Police investigation. The Guyana Police Force had said it launched a probe into criminal conduct by Lowenfield and others in relation to the events of the March 2 elections. He is accused of attempting to undermine the will of the people by repeatedly refusing to submit the verified recount results to the GECOM Chair for a declaration. Legal advice was obtained from the DPP and the Force was advised to launch a comprehensive investigation into these allegations in accordance with its mandate. On August 24, it was indicated that the DPP was still reviewing documents from the Lowenfield case. This was disclosed after the CEO showed up for his third court appearance. (G12)