– AG bemoans slow pace as trial yet to commence after three years

MINISTER of Legal Affairs, Anil Nandlall, has voiced deep concern over the sluggish pace of the trial proceedings in the high-profile electoral fraud case, labelling the delay a “travesty” for Guyana.

During a press conference held at the Arthur Chung Conference Centre at Liliendaal, Greater Georgetown, on Monday, the Attorney-General highlighted the gravity of the charges and criticised the prolonged legal process.

The electoral fraud case involves prominent figures, including former District Four Returning Officer Clairmont Mingo, former People’s National Congress/Reform Chairperson Volda Lawrence, and PNC/R activist Carol Smith-Joseph, along with four others.

The accused, including Guyana Elections Commission (GECOM) employees, are facing charges related to allegedly defrauding the electorate by declaring a false account of votes for the 2020 elections.

Nandlall expressed his dissatisfaction with the lack of progress in bringing the case to trial, stating, “After three years, those charges have not been able to secure a trial date. I’m the Minister of Justice, I cannot be pleased with this state, no decent-minded Guyanese can be pleased with this state of affairs.”

The Attorney-General pointed out that the charges were not politically driven but were linked to the alleged misconduct during the electoral process.

He lamented the serious offences pending in the court system, urging a fair and expeditious trial for matters of national importance and international significance.

Nandlall drew attention to the pattern of magistrates finding reasons to recuse themselves, citing reasons that, in his view, could not withstand scrutiny.

He highlighted the intervention of the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, who wrote Chancellor of the Judiciary (ag) Yonette Cummings requesting intervention due to the ongoing recusal issues.

Comparing the current situation to charges faced by himself and other political figures under the previous administration, Nandlall pointed out that not one magistrate recused themselves in those cases.

“Under the previous administration, I was charged. Dr. Ashni Singh was charged. Winston Brassington was charged. Irfaan Ali was charged. I believe that those are political charges.

“We are politicians and were charged for things that we did as a government, and we were charged but not one magistrate recused themselves. Not one magistrate recused themselves,” Nandlall said.

In advocating for transparency and scrutiny of public figures paid with public funds, Nandlall emphatically stated, “There is no sacred cow in the state of Guyana. All of those who are paid with public funds must be subjected to respectful scrutiny.”

The Attorney-General expressed his dismay at the extended timeline of the electoral fraud case, noting that an entire electoral cycle is set to be completed without resolution.

He called for a more open and frank approach to such matters in 2024, emphasising the need for all citizens to be held accountable.

On January 15, 2024, Senior Magistrate Leron Daly, who is presiding over the electoral fraud case at the Georgetown Magistrates’ Court, is set to schedule a date for a case management conference (CMC), following which a trial date will be established.

This case has remained stagnant for years due to its intricate nature and the extensive amount of evidence involved.

At the last court hearing in December, the state handed over, again, flash drives containing certified copies of Statements of Polls (SoPs) and Statements of Recount (SoRs) along with video interviews. Several bundles of documents were also submitted.

Special Prosecutor Darshan Ramdhani, KC, is currently awaiting advice from the DPP, who had written to the Chancellor regarding the possibility of appointing a special magistrate or court to adjudicate the case.

It is alleged that the defendants inflated or facilitated the inflation of results for Region Four, the country’s largest voting district, to give the APNU+AFC coalition a majority win at the polls when, in fact, the People’s Progressive Party/Civic (PPP/C) had won by 15,000 votes.

Those who rejected the results filed several legal challenges which ended up before the Caribbean Court of Justice (CCJ), Guyana’s highest appeal court. A lengthy recount of the votes eventually declared victory in favour of the PPP/C, and Dr. Irfaan Ali was sworn in as the President of Guyana on August 2, 2020.