–Acting Chief Magistrate rules 

ACTING Chief Magistrate Faith Mc Gusty has determined that the high-profile election fraud case stemming from Guyana’s contentious 2020 general elections will proceed as a summary trial.
The ruling was delivered on Monday at the Georgetown Magistrates’ Courts.

She explained that this mode of trial aims to ensure a more efficient resolution of the matter while addressing the significant public interest it has generated. Magistrate Mc Gusty highlighted the need to avoid unnecessary delays, citing the extended duration of the case and its widespread public scrutiny as compelling reasons for adopting a streamlined legal process.

“It is the opinion of this court that it is within the public interest for this matter to be proceeded with summarily, rather than indictably, given the time it is before the court. It is in the public interest, and in the interest of the defendants, to not have this matter hanging over their heads for an extended period in the future,” Magistrate Mc Gusty held.
Opting for a summary trial bypasses the indictable process, which would involve a lengthy preliminary inquiry or paper committal to assess whether sufficient evidence exists to advance the case to the High Court.  Instead, the magistrate will directly oversee the trial, significantly expediting the judicial process.

Magistrate Mc Gusty explained: “If the court were to proceed with the matters indictably, that would mean that each and every charge would have to be dealt with separately, as the court could not join the matters and have those preliminary inquiries proceed together. It would mean that the witnesses would each have to give evidence in each and every matter separately, and the court would have to make separate determinations on whether or not to commit each defendant for those matters.”
The defence team, led by Attorney Nigel Hughes, had presented written arguments advocating for the charges to proceed indictably. However, lead prosecutor King’s Counsel Darshan Ramdhani, argued in favour of a summary trial, citing the need for urgency.
Magistrate Mc Gusty ultimately ruled in favour of the prosecution, announcing that the trial will commence on Monday, February 17, 2025, at 1:00 PM, with hearings scheduled to continue on February 18 and 19, 2025, and additional dates in March 2025.
Magistrate Mc Gusty also addressed public inquiries regarding her role in presiding over the case, explaining that her assignment to the matter was directed by the Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards.
Earlier this month, Magistrate Mc Gusty granted a defence request for a de novo (a new) trial, vacating all prior rulings made by Senior Magistrate Leron Daly. Magistrate Daly had overseen the trial, which had initially commenced on July 29, 2024, until her extended medical leave began in August 2024, necessitating the reassignment to a new magistrate.

The charges, which allege conspiracy to manipulate the 2020 election results, have gripped national attention for years.
The defendants in this case are former Region Four (Demerara-Mahaica) Returning Officer Clairmont Mingo; former health minister under the A Partnership for National Unity + Alliance For Change (APNU+AFC) government Volda Lawrence; People’s National Congress Reform (PNCR) activist Carol Smith-Joseph; former Chief Election Officer (CEO) at the Guyana Elections Commission (GECOM), Keith Lowenfield; former Deputy Chief Election Officer Roxanne Myers and GECOM employees Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller. Collectively, they face 19 conspiracy charges and are represented by a defence team that also includes attorneys Ronald Daniels, Eusi Anderson, and Darren Wade.

As a result of the charges arising from the same set of circumstances, the matters have been consolidated. Each defendant has secured their pre-trial liberty by posting significant cash bail.
If convicted in the Magistrates’ Court, the accused could face up to three years in prison for each charge, according to the prosecution. Prosecutors plan to call approximately 72 witnesses, including Minister of Local Government Sonia Parag, to substantiate their case.
On the prosecution’s side, there is also attorney-at-law Latchmie Rahamat and several state counsel from the Chamber of the Director of Public Prosecutions (DPP).
The prosecution’s case is that the defendants altered results for Region Four, Guyana’s largest electoral district, to favour the APNU+AFC coalition.

The initial results, announced by Lowenfield, claimed an APNU+AFC victory, but a recount led by GECOM and a high-level Caribbean Community (CARICOM) delegation revealed a win for the People’s Progressive Party/Civic (PPP/C).
The recount confirmed that the PPP/C won the elections with 233,336 votes against the APNU+AFC coalition’s 217,920.

The APNU+AFC coalition received 171,825 votes, while the PPP/C received 166,343 votes, according to former CEO Lowenfield’s election report.
Following the PPP/C’s return to office in August 2020, criminal charges were filed against key election officials.

GECOM made the decision to terminate the contracts of Lowenfield, Myers, and Mingo in August 2021, after the allegations of fraud came to light, a move that was welcomed by many.