–AmCham observer testifies as election fraud trial continues

THE trial into allegations of fraud at the 2020 General and Regional Elections continued on Thursday before acting Chief Magistrate Faith Mc Gusty at the Georgetown Magistrates’ Courts.
Rosalinda Rasul, who was an election observer from the American Chamber of Commerce (AmCham) Guyana, testified that political representatives repeatedly chastised now former Region Four (Demerara-Mahaica) Returning Officer (RO), Clairmont Mingo for disregarding a direct order from acting Chief Justice Roxane George, SC.

Justice George had ruled that one of Mingo’s declarations was unlawful, emphasising that, in accordance with the Representation of the People Act, he was required to verify and tabulate the votes using Statements of Poll (SoPs) rather than spreadsheets.
Votes for Region Four—the country’s largest voting district—were tabulated at the Guyana Elections Commission (GECOM) Command Centre located at Ashmin’s building on Hadfield Street, Georgetown, as well as at GECOM’s headquarters in High and Cowan Streets, Kingston, Georgetown.
The observer, who was among the international and local monitors present at the Region Four tabulation centres in March 2020, told the court that Mingo’s actions led to heightened tensions and widespread objections from political representatives.
Under further cross-examination by defence attorney Eusi Anderson on Thursday, Rasul testified that on March 13, 2020, between 9:00 hrs and 10:00 hrs, she was at the Ashmin’s Building, where she overheard PPP-appointed GECOM Commissioner Robeson Benn engaged in a “heated discussion” with Mingo regarding the tabulation process.

When asked about what she heard Benn saying to Mingo, Rasul recalled: “Mr. Benn told Mr. Mingo that he was not doing the tabulation in accordance with the Chief Justice’s ruling and that he needed to comply with the Chief Justice’s ruling in the tabulation process.”
“And, Mr. Mingo didn’t agree with what Mr. Benn was saying?” Anderson asked.
“No, he did not agree with him,” Rasul responded.

When asked by the defence lawyer whether she considered Mingo’s actions to be “an attempt to subvert the democratic will of the people of Guyana,” Rasul firmly responded, “Yes.”
When further questioned about the severity of Mingo’s actions on a scale of one to 10, she rated it a 10.

Also, she testified that she witnessed political representatives pointing out to Keith Lowenfield, the former Chief Elections Officer (CEO), among others, that he was not doing the right thing.
When asked whether Mingo’s and Lowenfield’s actions were criminal, Rasul told Anderson that she could not say, as she is not a lawyer.
When questioned by counsel about why she did not report the GECOM officials’ unusual actions to the police, the witness responded that she did not consider it her responsibility.
Rasul is set to undergo further cross-examination when the trial resumes this morning.

Meanwhile, arrangements are being made for the court to visit the Ashmin’s building and GECOM’s headquarters, where tabulation for Region Four was done.
The defendants in this case are 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 CEO 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.
Prosecutors plan 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.
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.