Media access restricted as election fraud case site visit proceeds today

A site visit to the former Guyana Elections Commission (GECOM) Command Centre at Ashmins Building, a key location in the ongoing election fraud case, is set to proceed today under strict conditions laid down by the court. Acting Chief Magistrate Faith McGusty has ruled that while journalists will be permitted to witness and record the arrival and departure of participants, no video recording or filming will be allowed inside the premises. The decision was made following a request submitted by members of the media through the Supreme Court of Judicature, seeking permission to film the evidentiary visit. The request came after the court announced earlier this week that the parties would visit the location on Wednesday to contextualise elements of the 2020 elections tabulation process, which is at the heart of the charges.

The Magistrate sought input from both the prosecution and defence on the issue. Lead prosecutor, King’s Counsel (KC) Darshan Ramdhani, raised no objections, noting the importance of public trials. However, Defence Attorney Eusi Anderson, who represents multiple defendants, voiced concern that full media access could jeopardise the fairness of proceedings. He proposed allowing journalists to capture the general comings and goings at the site, but not the more sensitive parts of the visit, especially those that could risk attorney-client confidentiality or create a spectacle of any disagreements among the parties. In response, Ramdhani echoed the broader principle of transparency and suggested that live broadcasts of court proceedings could benefit Guyana’s justice system in the long run. He referenced the outdated nature of court processes, which were designed before modern media technology became widespread, but emphasised that the original intent was always to ensure openness and public scrutiny.

Magistrate McGusty, while agreeing in principle, maintained that certain aspects of court proceedings must remain private due to their sensitive nature.
The site visit is scheduled to commence at 09:30h, beginning at the Georgetown Magistrates’ Courts before moving to the Ashmins Building. Apart from the Magistrate, only lawyers, the nine defendants, and witnesses who have already testified will be allowed to participate. Those who have already testified include Minister of Local Government Sonia Parag, Head of the Diaspora Unit Rosalinda Rasul, A New and United Guyana (ANUG) executive Kian Jabour, and Assistant Commissioner of Police Edgar Thomas. During the 2 March 2020 General and Regional Elections, Ms Parag served as an agent for the People’s Progressive Party/Civic (PPP/C); Ms Rasul participated as an observer with the American Chamber of Commerce in Guyana (AmCham); Mr Jabour represented ANUG as an election agent; and Mr Thomas held the position of Commander of Police Division 4 ‘A’. The defendants are all linked to the tabulation of results at the Ashmins Building during the March 2020 General and Regional Elections, and include several high-profile figures. Among them are People’s National Congress Reform (PNC/R) member Carol Smith-Joseph; former A Partnership for National Unity + Alliance For Change (APNU+AFC) Minister of Health Volda Lawrence; former Chief Elections Officer (CEO) of GECOM Keith Lowenfield; former Deputy CEO Roxanne Myers; and former Returning Officer (RO) for Region Four Clairmont Mingo. In addition, GECOM staff members Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller are also facing charges.

They are collectively facing 19 counts of conspiracy to commit electoral fraud, all of which they have denied. They remain on bail pending the outcome of the trial.
Prosecutors have accused each of the nine defendants of playing a direct role in manipulating the results of the 2020 general elections. It is alleged that they engaged in a coordinated effort to inflate votes in favour of the APNU+AFC Coalition while simultaneously reducing vote counts for the PPP/C.
According to the prosecution, the fraud charges stem from discrepancies in the initial election results declared by Lowenfield, which suggested an APNU+AFC victory with 171,825 votes, compared to the PPP/C’s 166,343. However, a national recount supervised by a CARICOM delegation revealed a different outcome: the PPP/C had actually secured 233,336 votes, defeating the APNU+AFC’s 217,920. The recount ultimately led to the swearing-in of President Dr Irfaan Ali on August 2, 2020. The five-month electoral standoff saw Guyana’s courts flooded with injunctions, appeals and other legal filings from both sides of the political divide. Following the conclusion of the recount and the PPP/C’s return to power, criminal proceedings were initiated against the nine accused. In August 2021, GECOM officially dismissed Lowenfield, Myers, and Mingo. The prosecution has indicated that it plans to call approximately 70 witnesses in the case. Today’s site visit is intended to help contextualise the evidence already presented, including testimony about the layout of the Command Centre and procedures used during the contentious tabulation process. The trial continues before Magistrate McGusty at the Georgetown Magistrates’ Courts.