THE private criminal charges filed against Chief Elections Officer (CEO), Keith Lowenfield; Chairperson of the People’s National Congress/Reform (PNC/R), Volda Lawrence and Returning Officer for Region Four, Clairmont Mingo were, on Friday, withdrawn by the Director of Public Prosecutions (DPP).
The Guyana Chronicle understands that the rationale behind this development is that the private charges are similar to those recently filed by the Guyana Police Force.
In Lowenfield’s case, his three private charges were 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. They alleged that he committed electoral fraud during the March 2 General and Regional Elections.
Magistrate Faith McGusty, who is presiding in those matters at the Georgetown Magistrates’ Court, had already fixed November dates for the commencement of the two trials.
Lowenfield’s attorney, Nigel Hughes, had written the DPP requesting that the charges be withdrawn. However, that request was never addressed.
The senior Guyana Elections Commission (GECOM) official now has six matters remaining. Those charges were filed by the police following a “comprehensive” investigation into the elections and its aftermath. He is out on $300,000 bail.
The charges include three counts of misconduct in public office and three counts of forgery.
The first set of charges alleged that Lowenfield on June 11, 13 and 23, 2020, at High and Cowan Streets, Kingston, Georgetown, while being a public officer, that is to say, the CEO of the GECOM, he wilfully misconducted himself by failing to ascertain the result of the election based on the National Recount conducted pursuant to Order 60 of 2020 as gazette on May 4, 2020 by subtracting votes from the total number of votes reflected from the results of the recount, without any reasonable excuse or justification.
The other charges alleged that on June 11, 13 and 23, 2020 in Georgetown, with intent to defraud the public, he uttered a certain forged document, purporting to be a true report of all votes cast in the March 2 elections, knowing the said report to be forged.
Meanwhile, the DPP, also withdrew the private criminal charges filed against Lawrence and Mingo for the alleged fraudulent elections declaration of March 5, 2020.
In March private criminal charges were filed against the duo by Charles Ramson Jr. in relation to the controversial District Four results. The contention is that Mingo and Lawrence uttered a forged document with the intent of defrauding the public, contrary to Section 278 of the Criminal Law Offences Act Chapter 8:01.
It is alleged that Mingo, having been ‘procured’ by Lawrence, a former government minister, on or about March 5, 2020, at Hadfield and High Streets, Georgetown, uttered to Lowenfield, a Form 24 Representation of the People Act dated March 5, 2020, knowing same to be forged, with intent to defraud the people of the State of Guyana.
On Wednesday, five persons, including Lawrence; opposition activist, Carol Joseph and Mingo, were hauled before the court on electoral fraud charges.
Lawrence, Joseph, Mingo and GECOM clerks, Michelle Miller and Denise Bob-Cummings, were all arraigned separately before Principal Magistrate, Sherdel Isaacs-Marcus, at the Georgetown Magistrates’ Court.
Mingo and Lawrence were charged jointly. It is alleged that on March 5, 2020, at 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 General and Regional Elections, knowing same to be forged.
They were each released on $30,000 bail.
Mingo and Joseph were also jointly charged. It is alleged that on March 13, 2020, at Georgetown, with intent to defraud the public, they uttered a certain forged document purporting to be a true report of all votes cast in the elections, knowing same to be forged.
They were both released on $30,000 bail.
Additionally, Joseph was slapped with two other charges which alleged that on March 13, at High and Hadfield Street, Georgetown, she conspired with Mingo and others, to declare a fraudulent account of votes for District Four in the March 2 elections. She was released on a total of $60,000 bail.
Miller was also slapped with two charges. It is alleged that between March 3 and March 5, at High and Hadfield Street, together and with others, with intent to defraud the people of Guyana, being appointed as a Clerk for District Four by GECOM for the purpose of the elections, in assisting Mingo, she did not use the figures from the Statements of Poll for the purpose of ascertaining the figures to make the declaration of the results for the said elections as is required by law, thereby resulting in a false declaration being made for the said District Four. She was released on a total of $60,000 bail.
Further, Cummings was charged with two similar offences which were allegedly committed on March 13 at GECOM Headquarters, High and Cowan Street, Kingston. She too was released on a total of $60,000 bail.
The defendants were represented by a team of prominent attorneys which included Nigel Hughes, Eusi Anderson and Darren Wade. The State was represented by prosecutor, Teriq Mohammed, from the Director of Public Prosecution (DPP) Chambers.
The cases were adjourned to October 28.
On October 14, Lawrence appeared before the Chief Magistrate, Ann McLennan, and was released on $100,000 bail for two counts of conspiracy.
Those charges alleged that on March 5, 2020, at High and Hadfield Streets, Georgetown, she conspired with GECOM’s Returning Officer for Region Four, Clairmont Mingo, and others, to declare a fraudulent account of votes for District Four in the March 2 elections.
Mingo is still facing several fraud charges, including uttering a forged document with intent to defraud the public, contrary to Section 278 of the Criminal Law (Offences) Act.
He was granted $600,000 bail on those charges and the case adjourned to November 16, to allow the prosecution time to complete the filing of statements.
Three Fridays ago, Deputy Chief Elections Officer (DCEO), Roxanne Myers, was released on $300,000 bail, after pleading not guilty to two counts of misconduct in public office, when she appeared before the Chief Magistrate. Hughes and Ronald Daniels are her attorneys.
