Continued Delays Plague Election Fraud Trial

— as Magistrate Daly still on sick leave

September 17 2024– The long-running election fraud case involving prominent opposition figures and former senior officials of the Guyana Elections Commission (GECOM) has been hit with yet another delay due to the continued illness of Senior Magistrate Leron Daly.

The trial, already facing a series of adjournments since charges were first brought against the nine defendants in late 2020, has raised concerns over its protracted length and the potential for further interruptions.

Initially scheduled to resume on August 7, 2024, the trial had been postponed until September 17, 2024, following Magistrate Daly being placed on 30 days medical leave.

However, during the recent court session on Tuesday, Acting Chief Magistrate Faith Mc Gusty informed the court that Magistrate Daly remains on medical leave, prompting yet another delay.

The next scheduled hearing for the trial has now been set for October 31, 2024, at 10:00 AM.

Chief Magistrate Mc Gusty also indicated that if Magistrate Daly’s health does not improve by the new court date, submissions will be made regarding her ability to continue presiding over the case. If necessary, the trial could be reassigned to another magistrate to prevent further delays.

Magistrate Daly began hearing evidence in the case on July 29, 2024, but progress has been slow, with numerous adjournments. So far, Local Government and Regional Development Minister Sonia Parag and Head of the Diaspora Unit Rosalinda Rasul, have given testimony.

The case involves several notable defendants, including People’s National Congress/Reform (PNC/R) activist Carol Smith-Joseph, former Health Minister Volda Lawrence, and former GECOM officials, including Chief Elections Officer (CEO) Keith Lowenfield, Region Four Returning Officer Clairmont Mingo, and Deputy CEO Roxanne Myers.

Additional defendants include former GECOM staff Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller.

All defendants are currently out on cash bail, facing 19 charges of conspiracy linked to alleged electoral fraud during Guyana’s fiercely contested 2020 General and Regional Elections.

Prosecutors allege that between March 2 and August 2, 2020, Lowenfield, Myers, and Mingo, along with the other defendants, conspired with others, to present a false account of the election results, thereby defrauding the electorate.

The case for the prosecution is being led by King’s Counsel Darshan Ramdhani. The defence lawyers include Nigel Hughes, Ronald Daniels, Darren Wade, Eusi Anderson and Kiswana Jefford.

According to Lowenfield’s election report, the then-caretaker APNU+AFC coalition gained 171,825 votes and the PPP/C 166,343 votes.

However, the national recount of all ballots which was supervised by a high-level team from Caribbean Community (CARICOM) revealed that the PPP/C won the elections having obtained 233,336 votes while the coalition garnered 217,920.

The recount also showed that Mingo allegedly inflated the votes for Region Four, the country’s largest voting district, in favour of the APNU+AFC.

GECOM sacked Lowenfield, Myers, and Mingo in August 2021.