Election fraud case paused as Magistrate refers ‘constitutional considerations’ to High Court

Daly said under Article 153 of the Constitution, she is allowed to make the referral once the matter is not found to be frivolous and vexatious.

But seemingly interested on starting the trial, Ramdhani argued that since the matter only affects three witnesses – former District Four (Demerara-Mahaica) Returning Officer Clairmont Mingo; Former Deputy Chief Elections Officer Roxanne Myers and former Chief Elections Officer Keith Lowenfield – the trial should continue in the Magistrate’s Court until the High Court offers a ruling.

Magistrate Daly said there is no case law to support that and did not allow it. The matter is adjourned in the Magistrate’s Court until April 02, 2024 when the two sides will report on what has transpired in the High Court.

Other GECOM staff facing charges are Sheffern February, Enrique Livan, Denise Bobb-Cummings and Michelle Miller, for allegedly defrauding the electors of Guyana by declaring a false account of votes for the 2020 General and Regional Elections.

Two politicians, former People’s National Congress/Reform (PNC/R) Chairperson Volda Lawrence and PNC/R activist Carol Smith-Joseph are also charged.

It is alleged that the defendants inflated or facilitated the inflation of results for Region Four, the country’s largest voting district, to give the APNU+AFC coalition a majority win at the polls when, in fact, the People’s Progressive Party/Civic (PPP/C) had won by 15,000 votes.

A lengthy recount of the votes eventually declared victory in favour of the PPP/C, and Dr. Irfaan Ali was sworn in as the President of Guyana.