Elections Fraud Cases
…Lowenfield, Mingo and others
Apr 25, 2021 , Source - https://www.kaieteurnewsonline...ections-fraud-cases/
By Renay Sambach
Kaieteur News – As the elections fraud cases continue in the Georgetown Magistrates’ Courts, today we will take a look at how the matters commenced and what caused several officials of the Guyana Elections Commission (GECOM) to be charged for their misconduct during the March 2, 2020 General and Regional Elections.
GECOM’s CEO, Keith Lowenfield.
The persons criminally charged are: the Chief Elections Officer (CEO) of GECOM, Keith Lowenfield; the Deputy Chief Elections Officer (DCEO) of GECOM, Roxanne Myers; Region Four Returning Officer (RO), Clairmont Mingo; GECOM Information Technology Officer, Enrique Livan; GECOM Clerks: Michelle Miller, Sheffern February and Denise Bob Cummings;
Chairperson for the People’s National Congress (PNC), Volda Lawrence, and A Partnership for National Unity + Alliance For Change (APNU+AFC) activist, Carol Smith-Joseph.
HOW IT BEGAN
During the five months elections saga, GECOM officials were arrested and subsequently slapped with private criminal charges in relation to their misconduct.
The private criminal charges were brought against them by PPP/C member, Desmond Morian; The New Movement Party (TNM) executive, Dr. Daniel Josh Kanhai, and PPP/C attorney, Charles Ramson, now Minister of Culture, Youth and Sport.
Region Four’s RO, Clairmont Mingo.
PNC’s Chairperson, Volda Lawrence.
Lowenfield, Mingo and Lawrence were the first persons to be slapped with private criminal charges.
Additionally, three private criminal charges were filed against the Chairperson of GECOM, retired Justice Claudette Singh, alleging misconduct in public office.
However, five days after those charges were brought against the GECOM Chair, the Director of Public Prosecution (DPP) Shalimar Ali-Hack, S.C, dismissed those charges.
This then triggered Lowenfield’s lawyer, Nigel Hughes, to write a letter to the DPP asking her to review the private criminal charges against his client, take over the prosecution and possibly dismiss the cases.
Following the withdrawal of those charges against Lowenfield, the private criminal charges against Mingo and Lawrence were also withdrawn.
APNU+AFC activist, Carol Smith-Joseph.
GECOM’s DCEO, Roxanne Myers.
This was done after the DPP sent a letter to the Chief Magistrate, Ann McLennan, stating, “In exercise of the powers conferred on me by Article 187 (1) (c) of the Constitution of the Co-operative Republic of Guyana, I hereby discontinue the charge in the above matter [for Lowenfield, Mingo and Lawrence].”
According to Article 187:1, “The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable to do so – (a) to institute and undertake criminal proceedings against any person before any court, other than a court martial, in respect of any offence against the law of Guyana;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority;
and (c) to discontinue at any stage before judgment is delivered on any such criminal proceedings instituted or undertaken by him or her or any other person or authority.”
With the private criminal charges being withdrawn against the GECOM officials and Lawrence, during August 2020, the DPP had announced that she had decided to take over the matter and those criminal charges that were instituted against Lowenfield, Mingo and others in relation to the March 2, 2020, General and Regional Elections and the events that followed.
CRIMINAL CHARGES
Lowenfield was slapped with three counts of misconduct in public office and three counts of forgery. Myers was slapped with two counts of misconduct in public office.Mingo and Lawrence are facing a joint charge, which alleges that on March 5, 2020, in Georgetown, with intent to defraud the public, they uttered a certain forged document, that is to say, a report purporting to be a true declaration of all votes cast in District Four for the March 2, 2020 general and regional elections, knowing said report to be forged.
Mingo also faced another joint charge with Joseph-Smith. That charge alleges that on March 13, 2020, they uttered a forged document purporting to be a true report of all votes cast in the March 2, 2020 General and Regional Elections while knowing that the report was forged.
Additionally, Smith-Joseph faced two individual charges, which stated that on March 13, 2020, at High and Hadfield Streets, she conspired with Mingo and others to declare a fraudulent count of votes for District Four for both the general and regional elections.
Mingo also faces four charges alleging that he misconducted himself in public office by failing to disclose the number of votes that were counted during the March 2, 2020, General and Regional Elections.
All of the defendants were placed on bail for each offence that they face.
SUMMARILY AND INDICTABLY
Having a matter being tried summarily means that the matter can be tried in the Magistrate’s Court as opposed to going to the High Court if it is tried indictably.
An indictable matter commences at the Magistracy level, however the defendant in that matter is not required to either plead guilty or not guilty.
A preliminary inquiry (PI) or paper committal will be conducted at the Magistracy level for an indictable matter before it is either discharged or sent to the High Court for trial.
Most persons often mistake the matter being discharged for one that is being dismissed. A serious offence, being discharged against someone is not an acquittal. It should be noted that with a matter being discharged, charges can be brought again, against someone for the same alleged offence.
DISAGREEMENTS/ISSUES
On October 28, 2020, the special prosecutor team presented a fiat to the court that they received from the DPP giving them the legal permission to prosecute the elections fraud cases.
Member of Parliament (MP) and attorney-at-law, Sanjeev Datadin, was initially on the fiat. Objections were made by Hughes to Datadin being a part of the special prosecution’s team, since he is a MP for the People’s Progressive Party/Civic (PPP/C) and by giving him the responsibility to prosecute a matter that is highly political in nature, would result in his clients not having a fair trial.
However, during November 2020, Datadin wrote a letter to the DPP withdrawing himself from the special prosecution’s team, saying that he does not want to be the source of delays in the matters.
According to reports, other issues were also discovered on the fiat causing it to be sent back to the DPP to be corrected. The fiat has since been corrected and the matters are currently ongoing.
The special prosecuting team of attorneys are: Glenn Hanoman, Ganesh Hira, George Thomas, Mark Conway, Danielle Anthony and Donavon Rangiah.
SUBMISSIONS
On February 11, 2021, Senior Magistrate, Leron Daly, in the Georgetown Magistrates’ Courts upheld a no-case submission that was made by Myers’ lawyer, Nigel Hughes, to have his client’s matters remain indictable in order for a preliminary inquiry to be conducted in the Magistrate’s Court rather than a trial being conducted.
That matter is being prosecuted by special prosecutor, attorney-at-law Ganesh Hira. On a previous hearing of the matter, Hira had made a submission to the court for Myers’ matters to be heard summarily. This means that the matter can be disposed of in the Magistrates’ Court.
However, after Senior Magistrate Daly upheld the defence’s submission, the prosecution notified the court that it will be appealing the ruling in the High Court.
On April 12, 2021, Chief Magistrate, Ann McLennan, had ruled that the Mingo, Lawrence and Smith-Joseph matter be disposed of summarily.