Police secure court order to further detain Clairmont Mingo

Attempt to rig elections

Chief Justice (ag) Rishi Persaud on Friday granted an extension of time for Police to further detain embattled Region Four (Demerara-Mahaica) Returning Officer, Clairmont Mingo, who was arrested on Tuesday on allegations of electoral fraud in relation to the March 2, 2020 General and Regional Elections.

According to the court order, an extension of time is granted for 24 hours to hold Mingo in Police custody until today, August 29, 2020, at 14:20h. It was further ordered that subsequent to his release, Mingo must visit the CID Headquarters Eve Leary, Kingston, Georgetown, at 09:00 am daily with effect from August 30, 2020. Additionally, the court ordered that Mingo lodge his passport with the CID Headquarters, and to report any change of residence to the police.

Application withdrawn
Meanwhile, earlier Friday, heeding the advice of Justice Persaud, attorney-at-law and APNU/AFC candidate, Darren Wade withdrew an application requiring Mingo to be brought before a court to secure his release from Police custody. By way of a Writ of Habeas Corpus, Wade had contended that his client’s constitutional rights were being violated as there were no lawful grounds for his continued detention.
The writ which was filed on Thursday was heard via Zoom video conference. Minutes into the proceedings which started at around 11:00h, Wade conceded that the matter would become academic, given that the 72-hour period in which the police is lawfully allowed to hold his client would expire at 14:20h on Friday.
Also, the lawyer made a request to the Judge to have the application adjourned until after 14:20h on Friday to decide on the way forward with respect to the release of his client.

Further, Wade, who had earlier told the court that he was being denied access to Mingo, indicated that he was having ready access to his client, and said that if the police maintain this relationship throughout the investigation, he would consider taking a different course.

Misconceived
But Attorney General Anil Nandlall strongly opposed Wade’s request for an adjournment, arguing that the application filed by the junior attorney was wholly misconceived and wrong and that courts do not sit in academic matters. “The application was misconceived,” noted Nandlall, who is representing the State. He told the court that Wade was “absolutely confused” as it relates to what he is asking the court to do.
Nandlall argued that the questions raised on the application are of lawyers being denied access to their clients, and do not warrant Habeas Corpus proceedings. Nandlall submitted that there are several case laws, even one by the CCJ and the Guyana Court of Appeal which outlines that courts do not sit in academic matters. In support of his contention, the Attorney General placed reliance on the CCJ Case of Ya’ache Conservation Trust v Attorney General of Belize (Appellate jurisdiction).
“The detention is not unlawful. I think my friend [Wade] is confusing concepts. Any civilised country has the power to detain persons on certain grounds,” Nandlall added. He referenced Article 139 (4) of the Constitution in support of his position, and noted that Habeas Corpus applications address issues of unlawful detention and/or arrest, and not that of lawyers being refused access to their clients.
“The 72 hours have not expired as yet; the issue of unlawful detention could only arise after the 72 hours have expired. The police are acting lawfully,” Nandlall noted. The Attorney General further underscored that Mingo’s detention was not unlawful as Article 139 (4) of the Constitution permits the police to detain a citizen for a period of 72 hours before being released and taken before a court
“There is no evidence before the court about unlawfulness and the Constitution justifies the holding of a person for 72 hours on the basis of reasonable suspicion,” Nandlall added.
The Attorney General further argued that Mingo’s case is also misconceived and that any allegations of breach of a person’s or suspect’s constitutional rights ought to be properly canvassed in an application for constitutional relief made under Part 56:01 of the Civil Procedure Rules.
On this aspect, Nandlall further contended that the application filed was fundamentally flawed as the provision relied upon was Article 144 of the Constitution which addresses the right to a fair hearing which bore no relevance to the application filed on behalf Mingo.
In this regard the Attorney General cited the case of Attorney General of Guyana v Keshwar Ramlall (2015) 86 WIR 347 in which the judgement of Justice Carl Singh, which stated that when invoking constitutional provisions it is incumbent to identify the specific provision(s) which is/are alleged to have been breached and for the matrix of the evidence supporting that violation to be specifically pleaded.
Wade begged the court to make certain amendments to the application as it related to his submissions regarding Article 144 of the Constitution. He asked that this be amended to read Article 139 of the Constitution. He said it was a mistake. But this application was refused by the Judge.

In the final analysis, Wade conceded and withdrew his application filed on behalf of Clairmont Mingo and there was no order as to costs based on advice from the Judge. “I would take guidance from the court. I have been in practice for five years, and the court has always guided me,” Wade said in conclusion.

Other arrests
Also arrested by the police were four election officials who worked closely with Mingo. They were taken into Police custody this week. The persons of interest have been identified as 42-year-old Carolyn Duncan, a Registration Officer attached to the Better Hope, East Coast Demerara Office of the Elections Commission.
According to the Police Force, Duncan was also attached to Mingo’s Secretariat which was located in the Ashmins building at High and Hadfield Streets, Georgetown. The other three persons are Sheffern February and Michelle Miller – who were arrested on Wednesday – and Enrique Livan.
On Thursday, Police arrested Livan, an Information Technology staff attached to the Guyana Elections Commission (GECOM). He was previously questioned by Police on the evening of March 4, 2020, when the tabulation of votes for District Four at the Office of the Returning Officer was obstructed.
Party agents and other observers became suspicious when Livan, after complaining of feeling tired and wanting to conclude the tabulation process, left the room with a flash drive and computer – both of which were being used during the tabulation process.
In the meantime, Guyana Times understands that more persons would be detained for questioning as the investigation continues.
Last Friday, the Police Force announced that it was investigating alleged criminal conduct by Mingo and others, including Chief Elections Officer Keith Lowenfield, who is currently facing private criminal fraud charges.