CHIEF Elections Officer (CEO), Keith Lowenfield, who is before the court on three private criminal fraud charges, is expected to go on trial next month.
On Friday, when the case was called before Magistrate Faith McGusty at the Georgetown Magistrate’s Court, the prosecutor had just filed additional statements. He was given until October 23 to file the remainder.
The charges were filed by People’s Progressive Party Civic (PPP/C) member, Desmond Morian, and General Secretary of The New Movement (TNM), Daniel Kanhai, on June 30, 2020.
The magistrate set November 13 for the commencement of the trial for the case filed by Morian, while Kanhai’s matter was given a November 20 start date.
Lowenfield’s attorney, Nigel Hughes, had written the Director of Public Prosecutions (DPP), requesting that the three criminal charges be withdrawn.
The DPP is yet to respond to that request. No representative from her chambers was in court for Friday’s hearing.
When the charges were read to Lowenfield in July, he was not required to plead. He was later released on $450,000 bail.
Kanhai is alleging that Lowenfield, between March 5 and June 23, 2020, at Georgetown, conspired with person(s) unknown to commit the common-law offence of fraud, to wit, by representing to the Guyana Elections Commission that tables attached to his Election Report, dated June 23, 2020, accurately reflected the true results of the said election,
in order to materially alter the results of the said election with intent to defraud, knowing the said tabulation to be false.
Morian is alleging that Lowenfield, between March 5, 2020, and June 29, 2020, while performing his duty as CEO, without lawful excuse or justification, wilfully misconducted himself at Georgetown by ascertaining results of the March 2 elections knowing the said results to be false. This wilful misconduct, he alleges, amounted to a breach of the public’s trust in the Office of the Chief Elections Officer of the Guyana Elections Commission.
The second charge filed by Morian against Lowenfield claims that, in collusion with Region Four District Returning Officer, Clairmont Mingo, he altered results that had been declared in March for that district.
The Guyana Police Force (GPF) has launched a “comprehensive” investigation against Lowenfield and Mingo, after it received formal reports of alleged criminal misconduct by the duo.
The police, in a statement, noted that formal reports allege criminal conduct by the two and others in relation to the elections and events subsequent thereto.
As a result, Police Headquarters noted that legal advice was obtained from the DPP, and the GPF was advised to launch a comprehensive investigation into these allegations in accordance with its mandate.
“The DPP has further indicated that in the exercise of powers vested in her, under Article 187 of the Constitution, she will take over the private criminal charges currently pending in the Magistrates’ Court in relation to the March 2, 2020 General and Regional Elections and its aftermath,” police stated.
As the country’s Chief Elections Officer, Lowenfield had presented results for the elections with the exact inflated figures for the APNU+AFC Coalition as was declared by Mingo
The results were described as fraudulent and there was a public outcry. A national vote recount which was done subsequently, clearly established that the People’s Progressive Party Civic (PPP/C) was the winner of the elections.
The elections’ results were finally announced on August 2, after a five-month delay.
