–calls it a ‘travesty’

ATTORNEY-GENERAL and Minister of Legal Affairs, Anil Nandlall, SC, has expressed strong dissatisfaction with the prolonged delay in the conclusion of the 2020 election fraud trial, describing the situation as a “travesty.”

Speaking on Tuesday during his weekly programme ‘Issues in the News,’ Nandlall lamented that the matters remain unresolved more than five years after the controversial elections were held.

He warned that with the current pace of the matters, the cases will still be pending by the time the country faces its next General and Regional Elections scheduled for September 1, 2025.

“The trial has made some headway in some of the charges,” Nandlall noted. “For July, the 28th, 29th, and 30th have been set for continuation, with additional dates scheduled in September, October, and November.”

As the country approaches another election cycle, he stressed that the cases against individuals accused of attempting fraudulent conduct during the 2020 elections remain unresolved.

He emphasised: “So, right away, you get the clear impression that the case will not be concluded before September 1, and that must be a travesty from every conceivable perspective.”

The Attorney-General made it clear that the delay is not due to any shortcomings on the part of the prosecution, which he said has carried out its responsibilities with reasonable competence and diligence.

He pointed out that the source of the delay is evident, though not attributed to the State’s legal team. AG Nandlall continued: “However, the trial will continue, and we will see where they [the defendants] end up.”

The Attorney-General’s comments add to growing public concern over the drawn-out nature of the high-profile election fraud trial.

Following a lengthy delay, the trial resumed in February before Acting Chief Magistrate Faith McGusty at the Georgetown Magistrates’ Courts.

About seven witnesses have since testified, including Minister of Local Government and Regional Development, Sonia Parag, who acted as an election agent for the People’s Progressive Party/Civic (PPP/C) during the 2020 elections.

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.

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.

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 PPP/C.
The prosecution, headed by King’s Counsel Darshan Ramdhani, is expected to call approximately 70 witnesses.

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 Dr. Irfaan 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.