Rasul defends neutrality while being grilled in election fraud trial

ROSALINDA Rasul, who served as an election observer for the American Chamber of Commerce (AmCham) Guyana during the contentious 2020 general and regional elections, has strongly defended her role, asserting that she maintained complete neutrality throughout the process.
Under intense cross-examination during the election fraud trial which continued on Tuesday before acting Chief Magistrate Faith Mc Gusty, Rasul insisted that her role was strictly impartial and guided by democratic principles, despite attempts to challenge her objectivity.
The election fraud case, which alleges conspiracy to manipulate the 2020 election results, have gripped national attention for years.

The defendants in this case are former Region Four Returning Officer Clairmont Mingo; former health minister under the A Partnership for National Unity + Alliance For Change (APNU+AFC) government Volda Lawrence; and People’s National Congress Reform (PNCR) member Carol Smith-Joseph.
Also facing charges are former Chief Elections Officer (CEO) at the Guyana Election Commission (GECOM) Keith Lowenfield; former Deputy CEO 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 robust defence team.

Due to the charges arising from the same set of circumstances, the matters have been consolidated. Each defendant has pleaded not guilty to the charges and secured their release by posting significant cash bail.
Testifying in court, Rasul reaffirmed that her observations and reports were conducted without bias and in accordance with established election monitoring standards.
She explained that as an observer, she was tasked with assessing the transparency, fairness, and credibility of the electoral process, rather than favouring any political party or candidate.
She agreed with Anderson’s suggestion, stating that “an observer should remain neutral and unbiased.”

When asked by defence counsel Eusi Anderson whether, as an independent observer, she should refrain from any activity that could create the perception of sympathy toward a political candidate or political party, she responded, “I agree with that.”
Anderson then asked whether she agreed that by swearing to a March 19, 2020 affidavit for People’s Progressive Party (PPP) lawyer and candidate, Anil Nandlall (now the Attorney General and Minister of Legal Affairs), in which she made accusations against PPP political opponents without consulting them, she had violated the very principle she acknowledged.

“I do not agree with that,” Rasul retorted, clarifying that she would have acted the same way for any other political party.
At this point, prosecutor Attorney-at-Law Latchmie Rahamat intervened, objecting to Anderson’s assertion that the witness testified to deposing “negative things” in the affidavit about PPP opponents.
She told the court that Rasul never testified to saying “negative things” about PPP rivals in the affidavit, contrary to the suggestion made to this witness by Anderson.
Rahamat clarified that this witness had previously said that her affidavit simply outlined her observations at the Guyana Elections Commission (GECOM) Command Centre at Ashmin’s building, where votes for Region Four were tabulated.
Rahamat argued that the defence attorney was making his own conclusions based on her client’s testimony.

“He cannot put his interpretation and his conclusion to the witness. That is not what she said,” Rahamat said in objecting to colleague’s assertion.
Rasul is set to undergo further cross-examination when the trial resumes at 9:30 hrs, on Thursday, with Anderson continuing the questioning.
Meanwhile, arrangements are being made for the court to visit the Ashmin’s building and GECOM’s headquarters, where tabulation for Region Four was also done.
Additionally, the presiding magistrate granted Anderson’s request for Rasul to submit her curriculum vitae to the defence.
The prosecution plans to call approximately 72 witnesses, including Minister of Local Government Sonia Parag, and GECOM Chairperson retired Justice Claudette Singh, to substantiate their case.

On the prosecution side, there is also King’s Counsel Darshan Ramdhani.
The prosecution’s case is that the defendants altered results for Region Four to favour the then ruling APNU+AFC coalition.
The initial results, announced by former CEO 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 PPP.
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 Lowenfield’s election report.
Following the PPP’s return to office in August 2020, criminal charges were filed against the defendants.

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.
If convicted in the Magistrates’ Court, the defendants could face up to three years in prison for each charge, according to the prosecution.

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