Chief Magistrate Orders Fresh Start for Election Fraud Cases
December 30 2024 – Acting Chief Magistrate Faith Mc Gusty ruled on Monday in favour of the defence, allowing the election fraud cases to restart, effectively nullifying all previous decisions made by Senior Magistrate Leron Daly.
Magistrate Daly, who had presided over the cases before going on extended medical leave in August 2024, was unable to continue, leading to Magistrate Mc Gusty’s assumption of responsibility.
The long-delayed trial, which began on July 29, 2024, has faced several setbacks, including Daly’s absence and legal maneuvers by the defence, which raised concerns about the continuity of proceedings.
Magistrate Mc Gusty’s ruling comes after defence attorney Nigel Hughes argued that a “fresh start” approach was essential to ensure fairness and legal compliance.
He stated that the process should involve formally reading the charges to his clients and allowing them to elect the manner in which they want to proceed.
Hughes emphasised that all prior decisions, including the validity of not guilty pleas entered by his clients before Magistrate Daly and the determination of whether charges should be tried summarily (trial by magistrate) or indictably, should not bind the new magistrate.
Matters taken indictably require a preliminary hearing to determine whether there is a prima facie case for a trial in the High Court.
King’s Counsel Darshan Ramdhani, representing the prosecution, disagreed with the defence’s position. He contended that Magistrate Daly’s rulings were legally valid and should remain in effect.
Ramdhani argued that the principle was more appropriately applied by a High Court judge, not a magistrate, and insisted that once a not guilty plea is entered, it remains valid despite changes in the presiding magistrate.
Ramdhani urged for the trial to continue as a summary proceeding, emphasising the need for the case to progress given the time already lost.
After considering both sides, Mc Gusty ruled in favour of the defence, instructing Hughes to submit written arguments by January 6, 2025, regarding the mode of trial.
Hughes has indicated that he favours the matters being taken indictably.
The cases will be called again on January 13, 2025, for ruling on the mode of trial.
The prosecution has signaled its readiness to present evidence in the coming month.
The case stems from alleged electoral fraud during the contentious 2020 elections.
The charges relate to a conspiracy to manipulate the results of the national elections, a topic that has dominated public discourse.
Disputed results, initially declared by then-Chief Elections Officer Keith Lowenfield, were overturned after a recount by the Guyana Elections Commission (GECOM) and a CARICOM delegation, which revealed that the PPP/C had won the election with 233,336 votes against the APNU+AFC coalition’s 217,920.
The recount also exposed irregularities in Region Four, the country’s largest voting district, showing that the vote count was significantly inflated in favour of the APNU+AFC.
In the aftermath, several key figures were charged with conspiracy to commit electoral fraud, including former District Four Returning Officer Clairmont Mingo; former Health Minister under the previous APNU+AFC regime, Volda Lawrence; PNCR activist Carol Smith-Joseph; former Chief Elections Officer Keith Lowenfield; and former Deputy Chief Elections Officer Roxanne Myers.
Four GECOM employees are also facing charges: Sheffern February, Enrique Livan, Denise Babb-
Cummings, and Michelle Miller.
The defendants face 19 conspiracy charges, all of which they have denied. All of them have
been placed on cash bail. If convicted, they could face up to three years in prison for each
charge.
The prosecution plans to call approximately 72 witnesses, including Local Government and
Regional Development Minister Sonia Parag, to substantiate the charges.
The case has drawn widespread attention due to the allegations of fraud surrounding the
election results. Following the filing of charges by the police, GECOM terminated the contracts
of Lowenfield, Myers and Mingo.
