–fear self-incrimination despite having legal representation
FEARING self-incrimination, three senior members of the People’s National Congress Reform (PNCR) refused to give testimony before the Presidential Commission of Inquiry (CoI) into the 2020 regional and general elections that saw an elaborate plot to rig the elections so that the PNCR-led APNU+AFC coalition could return to office.

Former Minister of Health, Volda Lawrence; Carol Smith-Joseph and former Minister of Foreign Affairs, Dr Karen Cummings, opted to remain silent and not testify when they appeared before the CoI on Thursday.

Attorney Nigel Hughes who appeared on behalf of Lawrence and Smith-Joseph, said that their testimony would be in breach of Article 144 of the Constitution, their rights against self-incrimination.

Hughes added that his clients are part of criminal proceedings before the Georgetown Magistrates’ Court in relation to the elections. Senior Counsel Sophia Chote, of Trinidad and Tobago, informed the CoI that Dr Cummings had opted to take the same course of action.

So far, evidence provided to the CoI has detailed how some employees of the Guyana Elections Commission (GECOM) participated in an alleged plot to divert votes to the APNU +AFC instead of safeguarding the electoral system.

The CoI has also heard from previous witnesses about the actions of former Chief Elections Officer, Keith Lowenfield; Deputy Chief Elections Officer (DCEO), Roxanne Myers; District Four Returning Officer, Clairmont Mingo and Enrique Livan, during the vote count.

The GECOM employees are all before the court on electoral fraud charges.

Further, the CoI was told that GECOM staffers ignored specific instructions from the court, used materials that were illegal and or manipulated, and sided with APNU+AFC agents to berate observers whenever objections were raised.

Smith-Joseph has been named by witnesses testifying before the CoI as one of the persons who threatened an observer representing the Bar Association, Pauline Chase, to stomp her in the face and threatened Private Sector Representative Kit Nascimento, to spit in his face.

Joseph had also told diplomats from the ABCE countries to “get the f– out of Guyana.”

Testimony was also provided that Dr Cummings had received a call and then passed that phone onto Myers during an encounter at the Ashmin’s building, the headquarters of the Region Four Returning Officer where the final tabulation was taking place.

Recently, the High Court refused to grant an injunction to three former employees of GECOM who were trying to prevent the CoI from compelling them to give evidence.

The applicants, Denise Babb-Cummings, Shefern February and Michelle Miller had opted not to offer evidence in the CoI. The hearing into the substantive application was adjourned to February 2, 2023, by which time, the state is required to file an affidavit in defence.

Guyanese, after casting their votes on March 2, 2020, had to endure a five-month wait for the results of the elections, as they witnessed alleged unlawful acts and a slew of legal challenges.

During this time, the patience of the electorate was tested, as electors observed what were described as attempts by the then APNU+AFC administration to rip the democratic fabric of the nation, with “delay tactics” which were openly criticised by Caribbean leaders and international observers.

It was only after the legal challenges and international intervention that a national recount of all votes cast was convened and the figures showed that the People’s Progressive Party/Civic (PPP/C) received 233,336 votes, while the APNU+AFC coalition got 217,920 votes.