— prosecution calls for greater transparency, live courtroom broadcasts

ACTING Chief Magistrate Faith McGusty has ruled that members of the media will be permitted to film the parties entering and exiting the former Guyana Elections Commission (GECOM) Command Centre at Ashmins building during today’s site visit, but no video recording will be allowed inside.

Journalists may observe from a distance and take notes, but filming or recording inside the premises is strictly prohibited.
The decision followed submissions made on Tuesday by both defence and prosecution lawyers, after a request was submitted through the Supreme Court of Judicature by members of the press seeking access to the evidentiary visit.

The request came after the court announced on Monday that the visit would be conducted on Wednesday.
Rather than issuing a unilateral decision, Magistrate McGusty invited input from both sides.

“I decided not to make a unilateral decision, but to wait for the prosecution and the defence to indicate whether or not they have any objections,” she said.
Lead prosecutor, King’s Counsel Darshan Ramdhani, responded first, affirming, “It is a public trial, Your Worship. We would have no objections.”
However, defence attorney Eusi Anderson, who represents several of the nine defendants, expressed reservations about the potential impact of full media access, warning against “the potential for sensationalism of whatever disagreements we may have.”

Anderson explained that while he respects the media’s role as the fourth estate, his concern lies in how the coverage might distort what unfolds during the site visit.
“We are humans — we will see things differently, we will measure things differently, we may measure and recall things differently,” he told the court. “My primary concern is that this isn’t put into the public domain in a manner that is inimical to the interest of justice.”

He proposed a compromise: that media be allowed to film the parties entering and exiting the site and during general observation, but not during the more detailed aspects of the visit.
He warned that full access could compromise attorney-client confidentiality — even through nonverbal cues picked up by cameras.

“In there, we have the room and freedom to disagree, to make submissions to you [the magistrate], and to reach compromises in terms of what we finally agree on when we get there,” Anderson said. “When we get there, it might be a charged environment; people might be saying things in a way that could inflame the situation. I just don’t want all of that to be caught on camera. I want to protect the sanctity of the court in that regard.”

While supporting the court’s final decision, Ramdhani shared a broader vision for the future.

He expressed hope that one day, court proceedings in Guyana would be broadcast live.
He underscored the importance of public hearings in strengthening the justice system, noting that the law was crafted with openness in mind, even before the advent of modern recording technology

“This law was made at a time when there was no video recording capacity or capabilities,” he noted, “but it was always intended that the world could come into a courtroom.”
“Guyana would benefit so much from this… from being able to see what actually happens in a courtroom,” Ramdhani added. “Because we all get a lot of criticisms.”
“All courts should be broadcast live,” he added, noting, “I do hope that time comes,” he emphasised.

Magistrate McGusty agreed in principle, acknowledging the value of public hearings but stressing that certain matters must remain private due to their sensitive nature.
The site visit is scheduled to begin at 9:30 a.m. Proceedings will commence first in the Chief Magistrate’s courtroom at the Georgetown Magistrates’ Courts, before the parties proceed to the Ashmins Building, which is located just a short distance away.

The purpose of the visit is to provide context and clarify operational procedures relevant to key elements of the trial, which centres on allegations of electoral fraud during the tabulation of results from the March 2, 2020, General and Regional Elections.

In addition to the magistrate, lawyers, and defendants, only witnesses who have already testified in the proceedings will be present at the site.
Those who have testified thus far include Minister of Local Government and Regional Development Sonia Parag, Head of the Diaspora Unit Rosalinda Rasul, Kian Jabour of the A New and United Guyana (ANUG) party, and Assistant Commissioner of Police Edgar Thomas.

During the 2020 elections, Parag served as a party agent for the PPP/C, Rasul participated as an observer with the American Chamber of Commerce (AmCham), Assistant Commissioner Thomas was the Commander of Police Division 4 ‘A’, and Jabour acted as an agent for ANUG.
The defendants include People’s National Congress/Reform (PNC/R) member Carol Smith-Joseph, former Health Minister under the A Partnership for National Unity + Alliance for Change (APNU+AFC) government Volda Lawrence, former GECOM Chief Elections Officer (CEO) Keith Lowenfield, former Deputy CEO Roxanne Myers, and former Region Four Returning Officer Clairmont Mingo.

Also charged are GECOM staffers Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller.
They are collectively facing 19 conspiracy charges in connection with alleged electoral fraud. All the defendants have been granted cash bail following their not guilty pleas.
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). The prosecution 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.