–controversial GECOM official expected to be granted bail today

ATTORNEY-at-Law Darren Wade on Friday, withdrew proceedings filed against the State at the High Court, through which he was seeking to have his client, controversial Region Four Returning Officer, Clairmont Mingo released from police custody.
On Thursday, Wade and colleague Attorney-at-Law Roysdale Forde had filed a writ of habeas corpus on behalf of Mingo’s wife, Waveney, and had it served on custodian-in-chief, Commissioner of Police Nigel Hoppie.
Mingo was arrested by the police on Tuesday at his sister’s residence at Mahaicony, East Coast Demerara, pending investigations into his alleged involvement in altering the course of the March 2, 2020 General and Regional Elections. According to the application seeking Mingo’s release from detention, there is no basis in law or fact for him to have been detained in the first place, pursuant to inquiries or investigations into the commission of any act of fraud or conspiracy so to do by him.
His lawyers are also contending that the police breached his fundamental right to his liberty, pursuant to Article 144 of the Constitution of the Cooperative Republic of Guyana.

The application was heard on Friday morning by Acting Chief Justice Rishi Persaud.

Heading the legal team on behalf of the Commissioner of Police was the Attorney-General himself, Mr. Anil Nandlall. With him were Solicitor-General Nigel Hawke; Deputy Solicitor-General Deborah Kumar; and Assistant Solicitor-General Beverley Bishop-Cheddie.
State Counsel Teriq Mohamed appeared for and on behalf of the Director of Public Prosecutions (DPP).

The Attorney-General, in his oral presentation, contended 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. At the time the application was filed, the 72 hours had not yet expired.
That being the case, Justice Persaud advised Wade that his best course of action was to withdraw the proceedings and await the expiration of the 72 hours.
Wade did as asked and withdrew the proceeding, since the police was also allowing him access to his client.

The young attorney however begged that the court make certain amendments to the application he’d filed in relation to his submissions regarding Article 144 of the Constitution. What he was essentially asking the court to do was to amend the application to reflect Article 139 of the Constitution rather than Article 144, but unfortunately, it did not find favour with the judge and was denied.

DETAINED 24 HOURS MORE
Hours later, the acting CJ granted the police permission to hold Mingo 24 hours longer, which will see him in custody until 14:20 hrs today.
Once released, Mingo will, from Sunday, August 30, 2020 have to report to the CID Headquarters in Eve Leary, Kingston at 09:00hrs daily. He has also been ordered to lodge his passport with the CID Headquarters.
The Guyana Chronicle had reported that Mingo was arrested days after the Police Force announced that it was launching a comprehensive investigation into reports of electoral fraud, as advised by the Director of Public Prosecutions (DPP) and the Force’s Legal Adviser.
Court Marshalls had been looking for Mingo to serve him with a warrant for his arrest on criminal charges; charges which were filed by a private citizen, but he’d somehow managed to give them the slip for weeks.

The charges at reference were filed in March by Charles Ramson Jr. not just against Mingo, but PNCR Chair Volda Lawrence as well, and they all had to do with the controversial results for District Four.
On Monday, Mingo did not appear in court as was expected, but Lawrence did, and she was placed on $100,000 bail, after appearing before Chief Magistrate Ann McLennan on private criminal charges, including conspiring to forge documents to show a win for APNU+AFC at the March 2, 2020 general and regional elections.

The charge against Lawrence states that she conspired with persons to forge 24 documents to show a fraudulent win.
Lawrence is also charged with ‘procuring’ Mingo to, on or about March 4, 2020, at Hadfield and High Streets, Georgetown undertake this task.
She is also charged with uttering to the Chief Election Officer, Keith Lowenfield, a Form 24 Representation of the People Act Regional Elections Return dated March 5, 2020, knowing same to be forged, with intent to defraud the people of the State of Guyana.
Lawrence is expected to return to court on September 11. Mingo is also expected to attend court on the date that has been fixed.