Electoral fraud being investigated by the police and DPP, at this stage, is unlawful

Oct 09, 2020

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DEAR EDITOR,

Kaieteur News – I had decided that I was not going to comment on the alleged electoral fraud matters currently being investigated by the Police, but as a Rule of Law Advisor and Advocate, it would be a disservice to the institution of justice and the principle of fair trial, if I should any longer remain silent.
Firstly, I wish to state that the Director of Public Prosecutions (DPP) and the Guyana Police Force (GPF) are conducting an unlawful investigation which must cease with immediate effect. I can no longer remain silent while people are losing their freedom, without the due process.
Secondly, the DPP, according to the law, cannot take over a private criminal charge as occurred in the private criminal charge that was brought against the Chief Elections Officer, Keith Lowenfield. According to the law, if a private criminal charge of fraud is brought, as in the case against the Chief Elections Officer, the accuser, is required by law, to present the evidence before the court on bringing the charge, failing which the Magistrate’s only option, is to dismiss the matter.
The accuser is free to bring another charge when the evidence is available, hence, the Magistrate erred, by not dismissing the matter. I would therefore urge that the lawyers for the Chief Elections Officer, return to the Magistrate and forthwith insist that the matter be dismissed for lack of evidence being presented before the court.
Thirdly, it is unlawful for the Director of Public Prosecutions to take over the matter(s) in the private criminal charge(s) or to be involved in any investigations into electoral fraud at this point of time. It is also unlawful and premature for the Guyana Police Force to be conducting any investigations into allegation of electoral fraud, at this stage.
According to the law, a competent authority must determine that a fraud was committed. For instance, the competent authority would be the Judge who will be hearing the Election Petition case. It is that Judge who would have to determine that electoral fraud was committed. If the Judge determines that fraud was committed, that then provides a lawful base for the Guyana Police Force and the DPP to take over the matter and conduct an investigation. Therefore, in the absence of the competent authority so determining fraud, the investigations by the Police and the DPP, is unlawful and should be halted immediately.
Fourthly, the District Four Returning Officer was charged with ‘Misconduct in Public Office’, the arrest and charge of Clairmont Mingo, in my view, is also unlawful. Due process requires the Guyana Elections Commission (GECOM) conducts an investigation and if a breach is determined, that would constitute the offence of Misconduct in Public Office, then GECOM will hand the matter over to the Police.
In relation to the Chief Elections Officer and the Deputy Chief Elections Officer arrests, first of all, as I mentioned above, any investigation at this stage by the Guyana Police Force and the Director of Public Prosecutions into electoral fraud, would be unlawful.
Additionally, any question put by the Guyana Police Force to the Chief Elections Officer, Deputy Chief Elections Officer, and staff of the Guyana Elections Commission regarding the Statement of Polls (SOPs), would also be unlawful. The Representation of the People Act Chapter 103 Section 102 (1) clearly states – ‘The returning officer of each district shall, as soon as practicable after making the return required by section 89 (1) (f) make up in one parcel the packets he has received in pursuant of section 83 (10) (b) and the other papers used at the polling places and in his possession and shall seal the parcel so that it cannot be opened without breaking the seals and deliver it to the Chief Elections Officer’.
Section 102 (2) of the Representation of the People’s Act provides that – ‘The Chief Elections Officer shall keep all parcels received in pursuance of subsection (1) in safe custody and, subject to the provisions of this Act and any law made under Article 163 of the Constitution, allow no person to have access thereto’. Article 163 of the Constitution states that the High Court shall have exclusive jurisdiction to determine any question’ on electoral matters.
Therefore, according to the law, the Chief Elections Officer has to confirm to the law relative to the Representation of the People Act 103 Section 102 (1) and (2) and Article 163 of the Constitution. It is unlawful for the Guyana Police Force and the Director of Public Prosecutions to request that the Chief Elections Officer make available the documents, namely the Statement of Polls, as stated in Section 102 (1) and (2) above, more so to carry out arrests.
Roxanne Meyers, the Deputy Chief Elections Officer, must be released forthwith from police custody, since she cannot be held on a charge of ‘obstruction of justice’ in a case that is premised unlawfully.
There are two lawful course of actions that can be taken at this stage; one, is the hearing of the Elections Petition, and if the Judge finds that fraud was committed, then the Judge should report that to the Speaker of the National Assembly and may also choose to send same to the Director of Public Prosecutions, who can then lawfully commence an investigation into electoral fraud.
The other option would be for the Government to proceed to conduct the electoral reform process based on recommendations in the reports from the various Observer Missions, for example, the CARICOM Report and the Organisation of American States (OAS) Report; and thereafter, make adjustments in GECOM, based on the findings and recommendations from the electoral reform process and report.
The Guyana Police Force and the Director of Public Prosecutions must at all times uphold the rule of law and ought not to breach the law in the process of fulfilling the law.

Yours faithfully,
Citizen Audreyanna Thomas
Masters of Jurisprudence, Rule of Law for Development
Rule of Law Advisor/Advocate

Seems like she got fired for speaking out. Is she a Lawyer?

@Mitwah posted:

Seems like she got fired for speaking out. Is she a Lawyer?

Have  "Masters of Jurisprudence" . The statements in the letter can pass the test .

@Django posted:

Have  "Masters of Jurisprudence" . The statements in the letter can pass the test .

I read her letter. Thanks for posting it. She is very eloquent.

@Mitwah posted:

I read her letter. Thanks for posting it. She is very eloquent.

Smart woman ,i have read many of her letters.

In relation to the Chief Elections Officer and the Deputy Chief Elections Officer arrests, first of all, as I mentioned above, any investigation at this stage by the Guyana Police Force and the Director of Public Prosecutions into electoral fraud, would be unlawful.
Additionally, any question put by the Guyana Police Force to the Chief Elections Officer, Deputy Chief Elections Officer, and staff of the Guyana Elections Commission regarding the Statement of Polls (SOPs), would also be unlawful. The Representation of the People Act Chapter 103 Section 102 (1) clearly states – ‘The returning officer of each district shall, as soon as practicable after making the return required by section 89 (1) (f) make up in one parcel the packets he has received in pursuant of section 83 (10) (b) and the other papers used at the polling places and in his possession and shall seal the parcel so that it cannot be opened without breaking the seals and deliver it to the Chief Elections Officer’.
Section 102 (2) of the Representation of the People’s Act provides that – ‘The Chief Elections Officer shall keep all parcels received in pursuance of subsection (1) in safe custody and, subject to the provisions of this Act and any law made under Article 163 of the Constitution, allow no person to have access thereto’. Article 163 of the Constitution states that the High Court shall have exclusive jurisdiction to determine any question’ on electoral matters.
Therefore, according to the law, the Chief Elections Officer has to confirm to the law relative to the Representation of the People Act 103 Section 102 (1) and (2) and Article 163 of the Constitution. It is unlawful for the Guyana Police Force and the Director of Public Prosecutions to request that the Chief Elections Officer make available the documents, namely the Statement of Polls, as stated in Section 102 (1) and (2) above, more so to carry out arrests.

@Mitwah posted:

Seems like she got fired for speaking out. Is she a Lawyer?

She got fired for not doing her job.

@Ramakant-P posted:

She got fired for not doing her job.

Any investigation into electoral fraud is not unlawful.

@Django posted:

Smart woman ,i have read many of her letters.

She complains about the police investigation into election fraud.  You cannot commit a crime and expected to go free. She is nit smart she is stupid.

@Ramakant-P posted:

She got fired for not doing her job.

Nonsense !!!!

@Ramakant-P posted:

Any investigation into electoral fraud is not unlawful.

She complains about the police investigation into election fraud.

You cannot commit a crime and expected to go free. She is nit smart she is stupid.

The Electoral LAW was explained ,there are procedures for an investigation. If the shoe was on the other foot ,all hell will break loose.

@Django posted:

Nonsense !!!!

Then why was she fired?  She condones the criminal behaviour of her people.  You complain about GUYSUCO is being destroyed and then you defended the culprits because they are black.

The CEO is doing a great job. He is clearing the swamp.

@Ramakant-P posted:

Then why was she fired?

She condones the criminal behaviour of her people.  You complain about GUYSUCO is being destroyed and then you defended the culprits because they are black.

Ask the new CEO. The last paragraph depicts the mindset.

@Ramakant-P posted:

The CEO is doing a great job. He is clearing the swamp.

What experience the CEO have in the Sugar Industry ?

@Django posted:

Ask the new CEO. The last paragraph depicts the mindset.

That is not his problem. He did his job. 

@Ramakant-P posted:

That is not his problem. He did his job.

Fire someone for writing a letter or is it the color of the skin ?

@Django posted:

Fire someone for writing a letter or is it the color of the skin ?

Bring in racism.  That is so commendable.  The PPP is hiring blacks into all the departments of the government.  They have been hired because they are qualified, according to you, when they got fired they are black. WoW.

Nice going Django.  Uncle Harry would have been proud of you.

@Ramakant-P posted:

Bring in racism.  That is so commendable.  The PPP is hiring blacks into all the departments of the government.  They have been hired because they are qualified, according to you, when they got fired they are black. WoW.

Nice going Django.  Uncle Harry would have been proud of you.

@Django posted:

R Ramakant-PSenior Member

The CEO is doing a great job. He is clearing the swamp.

The above what you said .

Citizen Audreyanna Thomas ,was fired for some form of vindictiveness.

So let her sue the CEO. How will she prove Vindictiveness? She was incompetent. If you want GUYSUCO to recover, then you have to get rid of the people who cause the downfall and hire those who can do the job.

@Ramakant-P posted:

So let her sue the CEO. How will she prove Vindictiveness? She was incompetent. If you want GUYSUCO to recover, then you have to get rid of the people who cause the downfall and hire those who can do the job.

Digging the hole deeper !!!

Black ppl must never be afraid to express their views whether it is words or actions. To be quiet is to allow Indians who refuses to be Guyanese free dominance over all citizens. They are the Brahmins equivalents of British India.

Guyana is heading in the wrong directions. Duz the Indo electorate care?

@Ramakant-P posted:

So let her sue the CEO. How will she prove Vindictiveness? She was incompetent. If you want GUYSUCO to recover, then you have to get rid of the people who cause the downfall and hire those who can do the job.

I really do wish them well in the revitalization of the sugar industry. But I think they are going about it the wrong way. In 2022 it is expected to be functional. By that time, the billions would be used up and billions more has to be poured in.

They should use the laid off human resources and concentrate on one sugar factory to be up and running by December 2020.

@seignet posted:

I really do wish them well in the revitalization of the sugar industry. But I think they are going about it the wrong way. In 2022 it is expected to be functional. By that time, the billions would be used up and billions more has to be poured in.

They should use the laid off human resources and concentrate on one sugar factory to be up and running by December 2020.

What is the right way?  Rosehall is running again.  Try to keep up with the times. 

@Ramakant-P posted:

What is the right way?  Rosehall is running again.  Try to keep up with the times.

Rosehall running?  Where to? Cumberland?   Chupidness na gat cure.

@Totaram posted:

Rosehall running?  Where to? Cumberland?   Chupidness na gat cure.

Ignorance. Comprehension skills, you don't have.

@Ramakant-P posted:

The CEO is doing a great job. He is clearing the swamp.

Thanks for agreeing that this is political vendetta.

@Ramakant-P posted:

Ignorance. Comprehension skills, you I don't have.

The Guyana Police Force and the Director of Public Prosecutions must at all times uphold the rule of law and ought not to breach the law in the process of fulfilling the law.

Guysuco don't need a spokesperson. That is the job of the CEO. The organization is already in the hole for billions. There is nothing to speak about. It is like me being appointed spokesperson for Burnham and Demerara Guy to explain how billions of dollars of equipment can be turned into rotten iron in the jungle

It is not clear why she got fired.

She is no lawyer. Its possible that she was incompetent and was fired by GUYSUCO for her incompetence. She has been a vocal letter writer, and I remember reading some of her letters.

The last one she wrote makes no sense...electoral fraud must be investigated....who is she to tell Guyanese investigating fraud is unconstitutional?

The bottom line...she sounds like a square peg....

Django is here to push the PNC line on every issue.

He is certainly not a patriot Guyanese who wants a better Guyana for all.

He is partisan hack working for Congress Place with no heart or scruples when it comes to the rights and well being of the Guyanese people.

Django must be called out and even thrown out from this forum if continues with his unpatriotic ways.

@Billy Ram Balgobin posted:

Django must be called out and even thrown out from this forum if continues with his unpatriotic ways.

BRB plannin' a grand ole mutiny, tarassss

An organization with billions in debt needs a complete overhaul. There is absolutely nothing to communicate except two sentences. 1. We failed. 2. We are f-cked. We can do that for Guysuco for free on GN&I.

@Django posted:

Fire someone for writing a letter or is it the color of the skin ?

Utmost nonsense! is Black firing Black. New government , new people, as Volda stated, we look after we own. Now the shoe is on the other foot. EH!

@Django posted:

Have  "Masters of Jurisprudence" . The statements in the letter can pass the test .

She is not a Lawyer.

@kp posted:

She is not a Lawyer.

No! She is not. She was incompetent and deserve what she got.

@Prashad posted:

An organization with billions in debt needs a complete overhaul. There is absolutely nothing to communicate except two sentences. 1. We failed. 2. We are f-cked. We can do that for Guysuco for free on GN&I.

We will rise from the ashes that the PNC left.

There are more who will be victimized. The political vendetta has just begun.

@Mitwah posted:

There are more who will be victimized. The political vendetta has just begun.

Tit for tat.   Take it as you like it and call it what you will. For what they did to the PPP, they deserve what they got. I joke not.

Anyone remember what happened to Roger Luncheon in his wheelchair?????????????????