SPECIAL Prosecutor Darshan Ramdhani, KC, has said he is “very concerned” about what he described as the “strange and obstructive tactics” used by the defence in the high-profile trial concerning the controversial 2020 General and Regional Elections.
The trial, presided over by Magistrate Leron Daly at the Georgetown Magistrates’ Court, involves high-ranking former officials, including former Chief Election Officer Keith Lowenfield and former Health Minister Volda Lawrence.
One of the key witnesses, Local Government Minister Sonia Parag, took to the stand on Tuesday to continue testifying about the disputed election process, which lasted five months and had initially falsely declared the A Partnership for National Unity + Alliance For Change (APNU+AFC) as the winning party.
At the time, Parag was a representative of the then-opposition People’s Progressive Party/Civic (PPP/C).
Ramdhani, who’d raised his concerns about Tuesday’s proceedings with the media, criticised the defence for its frequent objections and interruptions that he believes were deliberately slowing down the trial.
“The defence is continuing to object, and continuing to stand up to ask questions… This is a trial, not a trial of statements; a trial of the evidence given in court,” Ramdhani stressed, pointing out that both the defence and the Magistrate have access to the witnesses’ statements.
He argued that the defence’s repeated queries about whether certain details were included in the written statements were unnecessary and burdensome, and should be addressed during cross-examination.
“A magistrate should not have to be answering the defence lawyers every time about that material, which is contained in the witness statement,” Ramdhani asserted, highlighting that such tactics were prolonging the proceedings unnecessarily.
The Prosecutor was particularly taken aback by the court’s ruling that Parag could not name individuals she saw at the scene, despite this information being included in her statement to the police.
“This is startling to me; I have urged the court to reconsider some of these rulings,” he said, adding that he is particularly concerned that this restriction could hinder the witness’ ability to provide a full account of the events.
“I say it’s strange because I’m an attorney-at-law for 27-plus years of practice. I have repeatedly seen not only court rules but the law report; the official reports of the world where witnesses are allowed to testify…I’m concerned that this is not at all something that should happen; I’m very concerned about it,” he added.
The trial, which began on Monday, has been marked by a series of motions from the defence.
Attorney-at-Law Eusi Anderson has made multiple requests, including for the original Statements of Poll (SoPs) and additional security measures for the nine defendants.
Anderson also sought permission to pay a visit to the site of the former Guyana Elections Commission (GECOM)’s Command Centre, claiming that these steps are vital for a fair trial.
However, Ramdhani countered that these motions appeared to be attempts to manipulate the trial’s timeline, and possibly gain media attention.
“This attorney-at-law, my learned friend of the opposite side, waited until this morning, the 29th of July, 2024 to speak of an occasion that occurred in 2020. This is simply a ruse! This is simply something he wants to speak about to distract!” he told the Magistrate on Monday.
Magistrate Daly has ruled that the original SoPs will be produced only when deemed necessary, and any decision on a site visit will depend on the evidence presented.
The prosecution is contending that the defendants manipulated the election results in Region Four (Demerara-Mahaica), the country’s largest voting district, to favour the APNU+AFC coalition.
The official recount, conducted under the supervision of a high-level Caribbean Community (CARICOM) team, confirmed that the PPP/C had indeed won the election by a significant margin.
The trial, originally set to begin in early 2024, had faced numerous delays, primarily due to objections and applications from the defence.