–amid uncertainty over magistrate’s future involvement in case after several delays
–AG Nandlall calls for reassignment

THE high-profile election fraud trial, involving several former senior election officials and political figures, is scheduled to continue this morning, Friday, November 1, 2024.

However, uncertainty remains regarding whether Senior Magistrate Leron Daly, who has been on medical leave, will be able to continue presiding over the case.

Attorney General, Anil Nandlall, SC, confirmed, on Tuesday, that if Magistrate Daly remains unwell, there is a possibility the case could be reassigned to a new magistrate, requiring the trial to start over.

The ongoing delays in the trial, which began on July 29, 2024, and has already faced multiple adjournments, continue to raise concerns over the timeline for its resolution.
During his weekly programme, Issues in the News, Nandlall said, “The last bit of information that we have is that the magistrate who was assigned to the matter fell ill…

“We are heading into another election and these cases have not yet been completed. They are all pending before the Georgetown Magistrates’ Courts. And to put it mildly, they have travelled a very unfortunate course. A course littered with delay and delay tactics by defence counsel. I would be bold enough to say that there has been some type of encouragement coming from the bench [the court].”

Nandlall emphasised that if Magistrate Daly remains unwell, the case should be reassigned to a new magistrate, requiring the trial to start over.
He expressed optimism that a decision on reassigning the matter to a new magistrate would be reached today. Once this is done, he called for the court to establish clear timeframes for the trial to begin and proceed within a specified period.
Nandlall emphasised the importance of the trial progressing unhindered, noting that the matters have been consuming people’s attention for over three years.

The trial, which began on July 29, 2024, has been marked by numerous postponements and procedural challenges since charges were initially filed in late 2020.
Originally set to resume on August 7, 2024, the proceedings were delayed as Magistrate Daly was granted a 30-day medical leave, pushing the next scheduled hearing to September 17, 2024.
However, with Daly’s health issues persisting that day, acting Chief Magistrate, Faith Mc Gusty, updated the court that the trial would now be further adjourned to October 31, 2024, for reports.

Magistrate Mc Gusty emphasised that if Daly is still unwell by the newly scheduled date, the court will need to assess whether she is fit to continue presiding over the case.

In such a situation, submissions will be accepted regarding her competency to remain on the case.
Should her condition not improve, Magistrate Mc Gusty said there is also a possibility that the trial could be reassigned to another magistrate for continuation. Since October 31, 2024, was a public holiday, Diwali, the case was rescheduled for the following day.
These continual delays have added to public concern about the trial’s resolution. Since the 2020 general and regional elections, the case has captured national attention due to the serious allegations that key election officials attempted to manipulate the outcome of the elections in favour of the A Partnership for National Unity + Alliance for Change (APNU+AFC) coalition.

Those accused include Peoples National Congress Reform (PNC/R) activist Carol Smith-Joseph; former APNU+AFC Health Minister Volda Lawrence; former Chief Elections Officer (CEO), Keith Lowenfield; former Deputy Chief Elections Officer, Roxanne Myers; former Region Four Returning Officer, Clairmont Mingo, and Guyana Election Commission (GECOM) employees: Denise Babb-Cummings, Michelle Miller, Enrique Livan, and Sheffern February
They are collectively facing 19 conspiracy charges related to alleged electoral fraud.

According to the state’s case, led by King’s Counsel Darshan Ramdhani, the accused allegedly conspired to defraud the electorate by submitting an inflated vote count for Region Four, Guyana’s largest voting district, in favour of the APNU+AFC coalition.
The altered results, announced by Lowenfield, indicated an APNU+AFC win with 171,825 votes against the Peoples Progressive Party/Civic’s (PPP/C) 166,343.

However, a subsequent recount, overseen by a Caribbean Community (CARICOM) team and the Guyana Elections Commission (GECOM), reversed the outcome, revealing a PPP/C victory by over 15,000 votes.
The prosecution has built its case on a substantial volume of evidence, including flash drives containing Statements of Poll (SoPs) and Statements of Recount (SoRs), 80 witness statements, and numerous official documents.
Among the witnesses are high-profile individuals like Local Government Minister Sonia Parag, who testified that Mingo used spreadsheets for vote tabulation despite Chief Justice Roxane George-Wiltshire’s directive to rely solely on the official SoPs.
Head of the Diaspora Unit, Rosalinda Rasul, who served as an election observer, has also testified.

The other prosecution witnesses include Forensic Investigator, Rawle Nedd, and former Region Four Police Commander, Edgar Thomas. The state argued that Mingo and other officials deliberately manipulated Region Four’s results to secure an APNU+AFC victory, undermining Guyana’s democratic process.

Given the prominence of those charged, the trial has drawn significant public interest, with citizens eager for accountability and transparency in the judicial process.
The defendants, who have all denied the charges and are out on cash bail, are represented by a defence team that includes attorneys such as Nigel Hughes, Ronald Daniels, Eusi Anderson and Darren Wade.
Meanwhile, the prosecution team, apart from Ramdhani, comprises attorney Latchmie Rahamat and multiple state counsel from the Director of Public Prosecutions’ (DPP) Chambers.
GECOM made the decision to dismiss Lowenfield, Myers, and Mingo in August 2021, after the allegations of fraud came to light. Many had welcomed this decision.