–special prosecutor says; trial set to resume on July 28

SPECIAL Prosecutor, Darshan Ramdhani, KC, said a series of audio recordings submitted in court have reinforced previous claims of attempts to manipulate the 2020 General and Regional Elections.

The recordings, taken during the now-infamous tabulation process at the Ashmin Building, are being used as evidence against former Region Four (Demerara-Mahaica) Returning Officer, Clairmont Mingo.

At the time, the Ashmin Building functioned as the Guyana Elections Commission (GECOM) Command Centre and the Office of the Returning Officer for District Four, where the tabulation and verification of Region Four votes were being conducted.

The recordings were provided by Jonathan Yearwood, a former executive member of A New and United Guyana (ANUG), and capture key moments during the Region Four tabulation process where Mingo is heard presenting a spreadsheet-based tabulation method — a deviation from the legal use of Statement of Polls (SoPs).

Speaking to reporters at the Georgetown Magistrates’ Courts, Ramdhani emphasised the significance of the recordings, stating that what was captured aligns closely with the testimonies of several witnesses who have already taken the stand.

“[The contents recordings] completely corroborate the evidence that has been given by the other witnesses,” the King’s Counsel noted.

He said: “That there were disputes, that there were challenges and objections being made, that there was a use of a spreadsheet instead of referring to the SoPs, that there was non-compliance with the Chief Justice’s order.”

Acting Chief Justice Roxane George, SC, had ordered that the SoPs must be used as the primary documents for the tabulation of votes.

The Special Prosecutor pointed out that the audio clips are not just supportive of previous testimonies but present a raw, unfiltered record of what unfolded during the highly contentious tabulation process.

“You hear these things with the actual people speaking at the time — and the objections,” he said, pointing to the authenticity and directness of the material.

In one significant portion of the audio, the King’s Counsel explained that someone is heard invoking Section 84 of the Representation of the People Act (RoPA).

“Somebody recited Section 84 of RoPA, and you actually heard him say that if you [Mingo] continue to do this, we [the observers] will have to go and make a report about what you’re doing,” Ramdhani recounted.

Section 84(1) of RoPA, among other things, requires the returning officer to publicly tabulate the votes for each party using SoPs.

According to Ramdhani, another significant voice captured in the recordings is that of Christopher ‘Kit’ Nascimento, who can be heard directly challenging Mingo’s actions.

Nascimento, a prominent communications consultant, served as an election observer for the Private Sector Commission (PSC) during the 2020 elections and has already provided testimony in the trial.

“Mr Nascimento himself said on the recording that you’re doing it wrong again. You’re not following what the Chief Justice said for you to do,” Ramdhani said.

The trial is set to resume on July 28, 2025, when Yearwood is expected to continue giving testimony before acting Chief Magistrate Faith Mc Gusty.

Those charged with electoral fraud include People’s National Congress Reform (PNCR) member Carol Smith-Joseph and former Health Minister under the former A Partnership for National Unity + Alliance for Change (APNU+AFC) government, Volda Lawrence.

Also facing charges are former Chief Elections Officer (CEO) at the Guyana Elections Commission (GECOM) Keith Lowenfield, former Deputy CEO Roxanne Myers, and former Region Four Returning Officer Clairmont Mingo.

Also charged are former GECOM employees Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller.

Together, they face a total of 19 conspiracy charges and are being represented by a legal team comprising attorneys Nigel Hughes, Dexter Todd, Ronald Daniels, and Eusi Anderson.

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.

It is the prosecution’s case that each defendant had a “critical role” to play in the wilful endeavour to inflate votes for the APNU+AFC, and deflate votes for the People’s Progressive Party/Civic (PPP/C).

In the weeks that followed the March 2, 2020, vote, Guyana’s judiciary was inundated with multiple applications and appeals filed by various political actors over the electoral process.

The saga lasted five months before a national recount, led by GECOM and a delegation from the Caribbean Community (CARICOM), confirmed the PPP/C’s victory and ultimately led to the swearing-in of President Ali on August 2, 2020.

The recount confirmed that the PPP/C won the elections with 233,336 votes against the APNU+AFC coalition’s 217,920.

The initial elections results, announced by former CEO Lowenfield, claimed an APNU+AFC victory.

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/C’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.