–as election fraud trial continues

THE ongoing election fraud trial continued on Friday with testimony from American Chamber of Commerce (AmCham) observer Rosalinda Rasul, who stated that several People’s Progressive Party (PPP) candidates were barred by Guyana Elections Commission (GECOM) officials from participating in the Region Four (Demerara-Mahaica) tabulation process.

Under cross-examination by defence attorney Nigel Hughes, Rasul, an accredited observer, recounted the controversial events at the Ashmin’s building in Georgetown, which functioned as GECOM’s command centre, and the tabulation hub for Region Four during the March 2020 General and Regional Elections.

Rasul detailed her observations regarding the vote tabulation process led by then-Returning Officer Clairmont Mingo.
During the hearing, Hughes pointed out that in an affidavit dated March 19, 2020, filed on behalf of the PPP, Rasul stated that nine PPP candidates were unable to participate in the Section 84(1) process.
The affidavit, submitted in support of an application for the High Court to issue several declarations against GECOM officials, was prepared by then PPP candidate Anil Nandlall, SC, who was then a PPP candidate.
The process in question relates to Section 84(1) of the Representation of the People Act, which requires the returning officer to publicly tabulate the votes for each party using the Statements of Poll (SoPs) and declare the results in the presence of all authorised representatives.

These representatives include duly appointed candidates, counting agents, and others with valid reasons, such as local and international observers.
When asked by Hughes on what basis she concluded that Todd was unable to participate in the counting process, Rasul stated that on March 12, 2020, GECOM staff explicitly stated that only one election observer and one representative per political party were allowed to be present for the tabulation process.

Rasul, the first witness for the prosecution, is set to undergo further cross-examination when the trial resumes next week Tuesday. 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 Chief Elections Officer (CEO) 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. The prosecution’s case is that the defendants manipulated the Region Four tabulation process in favour of the then-incumbent APNU+AFC coalition.

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 King’s Counsel Darshan Ramdhani and attorney Latchmie Rahamt. 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.