–fear self-incrimination

FORMER Chief Elections Officer Keith Lowenfield and former District Four (Demerara-Mahaica) Returning Officer, Clairmont Mingo, who were charged with electoral fraud, refused to testify before the Presidential Commission of Inquiry (CoI) into the 2020 regional and general elections, on Friday.

Attorney Nigel Hughes, who appeared on behalf of Lowenfield and Mingo, said that their testimony would be in breach of Article 144 of the Constitution, their rights against self-incrimination.
Hughes added that his clients are part of criminal proceedings before the Georgetown Magistrates’ Court in relation to the elections.

Subsequently, Senior Superintendent Phillip Azore, who was scheduled to testify, took to the stand and opted to take the same course of action.
However, Azore, when questioned by Commissioner Carl Singh on whether he is aware of testimonies in the CoI implicating him in certain events at the Ashmin building, said that while he is aware of the allegations he would opt to “still remain silent.”

On March 5, 2020, while pandemonium broke out at the Ashmin building, the headquarters of the Region Four Returning Officer where the final tabulation was taking place, Azore was appointed to replace Commander Edgar Thomas as Region Four Regional Commander.

Thomas had testified that ranks were seen guarding the doors to the building and preventing persons from entering. Those instructions, he said, were reportedly given by his deputy, Azore.
He had also testified that Azore aided former Deputy Chief Elections Officer (DCEO) Roxanne Myers to “clear” the Ashmin building during a report of a bomb scare.

Thomas was reassigned and was reportedly told that Commissioner James was not pleased with his performance and not answering his cell phone while on the ground.
Retired Police Commissioner Leslie James, on Friday, took to the stand again for further questions.

On Wednesday, James shared damning information about a fallout at the Guyana Elections Commission (GECOM) command centre at Ashmin’s building, where his ranks “violated” his orders and simply went rogue.

James had revealed that he gave no instructions for persons to vacate the building, but for the officers to “secure” it instead.
He related, however, that he watched on the live relay as the ranks defied his orders, but he chose to do nothing.

As it relates to Thomas’s replacement, James said he made a “personal decision” to remove the senior officer.
On Thursday, Former Minister of Health Volda Lawrence; Carol Smith-Joseph and former Minister of Foreign Affairs, Dr Karen Cummings, opted to remain silent and not testify before the CoI.

So far, evidence provided to the CoI has detailed how some employees of GECOM participated in an alleged plot to divert votes to the APNU +AFC instead of safeguarding the electoral system.
The CoI has also heard from previous witnesses about the actions of Lowenfield, Myers and Enrique Livan, during the vote count. The GECOM employees are all before the court on electoral fraud charges.

Further, the CoI was told that GECOM staffers ignored specific instructions from the court, used materials that were illegal and or manipulated, and sided with APNU+AFC agents to berate observers whenever objections were raised.

Guyanese, after casting their votes on March 2, 2020, had to endure a five-month wait for the results of the elections, as they witnessed alleged unlawful acts and a slew of legal challenges.
During this time, the patience of the electorate was tested, as electors observed what were described as attempts by the then APNU+AFC administration to rip the democratic fabric of the nation with “delay tactics,” which were openly criticised by Caribbean leaders and international observers.

It was only after the legal challenges and international intervention that a national recount of all votes cast was convened and the figures showed that the People’s Progressive Party/Civic (PPP/C) received 233,336 votes, while the APNU+AFC coalition got 217,920 votes.