–at behest of special prosecutor

THE case against Chief Elections Officer (CEO), Keith Lowenfield has been adjourned until October 9, 2020, for the filing of further statements by the special prosecutor, Attorney-at-law Glen Hanoman.

The case in question has to do with charges filed by People’s Progressive Party/Civic (PPP/C) member, Desmond Morian, and general secretary of The New Movement (TNM), Daniel Kanhai on June 30, 2020.
On Friday, September 11, when the case was called before Magistrate Faith McGusty at the Georgetown Magistrates’ Court, the prosecutor just filed three statements, and requested a month’s adjournment.

Although the date in question had been set so that Director of Public Prosecution (DPP) Ms. Shalimar Ali-Hack could give her decision on the way forward in the matter after carefully reviewing it, there was no representative from her chambers present in the court that day.
To back up a bit, it was Lowenfield’s attorney, Mr. Nigel Hughes who had written the DPP, requesting that the three criminal charges of alleged fraud and misconduct against his client be withdrawn.
The DPP had taken over the case from Hanoman, and vowed to review the evidence at hand, so as to decide whether to continue against Lowenfield or to withdraw.

The charges filed by Morian have been adjourned until October 26, when the trial is expected to commence, while the trial into the one laid by Kanhai is expected to commence on the following day, this being October 27.

Back in July, Lowenfield, who’s represented by Hughes and Senior Counsel Neil Boston, had appeared before Magistrate McGusty to answer to three private criminal charges brought against him for alleged fraud and misconduct. He was not required to plead to the charges, and was released on $450,000 bail.
By way of those charges, Kanhai is alleging that Lowenfield, between March 5 and June 23, 2020, at Georgetown, in the Georgetown Magisterial District, County of Demerara, State of Guyana, conspired with person(s) unknown to commit the common-law offence of fraud, to wit, by representing to the Guyana Elections Commission, that tables attached to his Election Report, dated June 23, 2020, accurately reflected the true results of the said election, in order to materially alter the results of the said election, with intent to defraud, knowing the said tabulation to be false.

Morian is also alleging that Lowenfield, between March 5, 2020, and June 29, 2020, while performing his duty as the Chief Elections Officer of GECOM, without lawful excuse or justification, wilfully misconducted himself at Georgetown, within the Georgetown Magisterial District, by ascertaining results of the March 2, 2020, General and Regional Elections for Guyana, knowing the said results to be false, the said wilful misconduct amounting to a breach of the public’s trust in the Office of the Chief Elections Officer of the Guyana Elections Commission.
The second charge filed by Morian against Lowenfield claims that, in collusion with Region Four District Returning Officer Clairmont Mingo, he altered results that had been declared in March for that district.

COMPREHENSIVE INVESTIGATION

Just recently, the Guyana Police Force (GPF) launched a “comprehensive” investigation against the Chief Elections Officer and the Returning Officer for Region Four, after it received formal reports of alleged criminal misconduct by the duo.
The police, in a statement, noted that formal reports allege criminal conduct by Mr. Keith Lowenfield and Mr. Clairmont Mingo and others in relation to the March 2, 2020 General and Regional Elections and events subsequent thereto.
As a result, Police Headquarters noted that legal advice was obtained from the DPP, and the GPF was advised to launch a comprehensive investigation into these allegations in accordance with its mandate.

“The DPP has further indicated that in the exercise of powers vested in her, under Article 187 of the Constitution, she will take over the private criminal charges currently pending in the Magistrates’ Court in relation to the March 2, 2020 General and Regional Elections and its aftermath,” police stated.

As the country’s Chief Elections Officer, Mr. Lowenfield had presented results for the March 02, 2020 elections, with the exact inflated figures for the APNU/AFC Coalition as declared by District Four Returning Officer, Clairmont Mingo, which was widely protested as being fraudulent.
This led to a national vote recount, which clearly established that the People’s Progressive Party/Civic (PPP/C) was the winner of the elections.
The elections’ results were finally announced on August 2, after a five-month delay.