Thomas will remain as his Ministry’s Permanent Secretary even as the authorities here try to determine why her phone was confiscated.
The Permanent Secretary arrived in Guyana last weekend but is not in office. He said replacing Thomas is not under consideration.
Thomas was allowed to continue her trip onwards to China but without her phone, a move that left Guyanese authorities puzzled since the phone likely contains sensitive information related to national security and foreign relations.
In a response to query from the Ministry of Foreign Affairs over the incident involving Thomas, the United States embassy in Georgetown on Friday said there was no specific information to share.
In clear terms, the Presidential Commission of Inquiry (CoI) into the March 2, 2020 General and Regional Elections stated that former Chief Election Officer, Keith Lowenfield, his deputy, Roxanne Myers and the District Four Returning Officer, Clairmont Mingo were involved in efforts to derail and corrupt the elections.
After three months of hearings that featured firsthand accounts of what transpired, the report was officially presented to President Dr. Irfaan Ali on Wednesday.
Based on the findings of that report, the Commission believes that sufficient, credible evidence was gathered during the hearings that wrapped up in February.
“In summary, our inquiry reveals that there were, in fact, shockingly brazen attempts by Chief Election Officer (CEO) Keith Lowenfield, Deputy Chief Election Officer (DCEO) Roxanne Myers and Returning Officer (RO) Clairmont Mingo to derail and corrupt the statutorily prescribed procedure for the counting, ascertaining and tabulation of votes of the March 2nd election, as well as the true declaration of the results of that election and that they did so – to put it in unvarnished language of the ordinary man- for the purpose of stealing the election,” the report, seen by the News Room, stated.
Ranks of the Tactical Service Unit (TSU) of the Guyana Police Force (GPF) and senior officials of the Guyana Elections Commission (GECOM) were also implicated in wrongdoings.
As such, the Commission recommended that urgent action be taken to improve the functions of both bodies.
“…We hope that this report will help to bring closure to a sad and shameful chapter in the electoral history of Guyana in which the integrity of and trust in the electoral system of Guyana was undermined and temporarily overthrown by the shenanigans of election officials at the highest level of the system,” the report stated too.
Aside from these striking statements, key findings linked to certain notable occurrences were presented.
GECOM’s involvement
It was found that there was a “conscious and deliberate – even brazen – effort” to violate the provisions of Section 84(1) of the Representation of the People’s Act, Guyana’s main electoral law. This section of the law deals with the counting of votes polled.
It was also noted that senior GECOM officials abandoned “all need for neutrality and impartiality” in the aftermath of the elections, demonstrating a bias for a competing political party be it showing an open connection with the party and, by their efforts, sought a desired result for the party.
The use of a spreadsheet
Though there was an approved method for the tabulation of votes cast for each political party, including the comparative examination of Statements of Poll (SOPs), it was found that Lowenfield approved the use of a spreadsheet that was found to have information “substantially inconsistent” with the SOPs of party agents.
And so, the Commission determined that the CEO, by his overall conduct, opened himself up to criticism that the spreadsheet was introduced for ulterior motives and not efficiency. As GECOM CEO, it was emphasised that Lowenfield should have known what the approved methodology was to ascertain and tabulate votes cast. Therefore, by promoting and insisting upon the use of the spreadsheet, he acted unlawfully.
Mingo’s declaration at Ashmin’s building
The report also noted that Mingo either knew or should have known that the tabulation of the votes for District Four (his district) had not been completed when he made his declaration at Ashmin’s building (the GECOM District Four Command Centre) on March 5, 2020.
It was also stated that Myers should have been aware of the procedures required before such a declaration and should have recognised that Mingo’s declaration would be unlawful. The Commission, however, said she merely looked on.
“From the totality of the evidence surrounding the RO’s declaration, there appears to be such collusion and collaboration between senior GECOM officials as to likely amount to a conspiracy to make what was undoubtedly a premature and unlawful declaration of falsified results which showed the APNU/AFC party as the winner of electoral district No. 4.
“This was the ultimate goal of the CEO, the DCEO and the RO,” the report noted.
Lowenfield disenfranchising voters
As it relates to the tabulation of the votes cast, which would be used to determine the winner of the March 2020 elections, it was determined that Lowenfield was disenfranchising voters.
“The CEO unilaterally engaged in an exercise of scrutinising the votes alleged to be invalid by the APNU/AFC and determined that of the 460, 362 votes cast for the PPP, 275,092 were not valid, thereby disenfranchising 275,092 electors. The effect of the CEO’s unilateral nullification of votes was that the APNU/AFC ended up with 125,010 votes and the PPP, 56, 627 votes,” the CoI report noted.
Not only that but even when Guyana’s apex court, the Caribbean Court of Justice (CCJ), made clear pronouncements on his actions, the former CEO persisted in basing his report to GECOM on the declarations of the 10 Returning Officers, including Mingo’s condemned declarations.
“The conduct and actions of CEO Lowenfield, in relation to the discharge of his statutory duties prescribed by sections 96 and 97 of the ROPA, were a brazen attempt to prevent GECOM declaring the true results of the elections of 2nd March, 2020. His conduct was – to borrow the words of former Jamaican Prime Minister Bruce Golding, Head of the OAS Observer Mission to Guyana – a transparent attempt to alter the results of an election.
“As the Chief Election Officer of Guyana, his conduct dealt a deep, pernicious body blow to the integrity of Guyana’s electoral system and cherished democratic values and must justly and forcefully be condemned as the ultimate betrayal of trust reposed in the highest election official in the land by the people of Guyana,” the report further stated.
The Commission was chaired by Justice of the Appeal (retired) of Turks and Caicos Stanley John. He was supported in his duties by former Chancellor of the Judiciary (Guyana), Carl Singh and High Court Judge (Belize) and former Justice of Appeal (ag) in the Eastern Caribbean Supreme Court, Godfrey P. Smith.
Evidence during the inquiry was led by Trinidadian Senior Counsel Sophia Chote and other lawyers, including Natasha Veira and Keoma Griffith.
Almost two years after efforts began on restorative justice in Guyana, a centre was launched on Wednesday with a pilot project to be rolled out in several communities between Buxton and Mon Repos on the East Coast of Demerara (ECD).
The centre will be established in the compound of the Region Four Democratic Council at Triumph, ECD and will be headed by former Commissioner of Police, Seelall Persaud.
The centre is part of a wider span of criminal justice reforms, which includes the Inter-American Development Bank’s support for the Criminal Justice System (SCJS) Programme.
Through the centre, Guyana will employ efforts to ensure there is rehabilitative justice over lengthy jail sentences for the perpetrators of petty crimes and first-time offenders.
The model has been tested in other countries and has worked but on the local front, the Ministry of Legal Affairs has enlisted the assistance of teachers, community and religious leaders.
According to Attorney General, Anil Nandlall, other strategies used to fight crime over the last 100 years have not worked. He believes the innovation of restorative justice can be helpful in this regard and said Guyana is a leading example in the hemisphere.
He said there needs to be a re-assessment of promoting punitive justice over rehabilitative justice.
“We tried death by hanging, we tried injection, we tried flogging, we tried solitary confinement, we tried harsh labour, we tried protracted and long sentences.
“Have they worked?
“We are living in a crime ingested society that never existed before and we must rethink our approach to crime,” Nandlall said.
He maintained that sanctions should bear a reasonable relationship with the crime committed but said the government will focus its attention on a new concept.
And according to Minister of Human Services and Social Security, Dr. Vindhya Persaud, this approach will mostly be to the benefit of young adults and juveniles who commit non-violent crimes.
Already, a new Restorative Justice legislation is in place but Dr. Persaud believes challenges still exist to utilize the opportunities made available to prevent young offenders from moving to the grave and more serious offences.
“I hope it [restorative justice] will find a permanent place as a centre for mediation and conflict resolution and persons who experience crime can have restitution, compensation and closure,” she said during the launch at the Police Training Centre on Camp Road, Georgetown.
The general problem to be addressed by this programme is the overcrowding in Guyana’s prison system.
The programme will focus on the high proportion of individuals accused of non-violent offences who are incarcerated while in pre-trial detention and the reliance by the criminal justice system on custodial sentences for minor offences.
This programme places an emphasis on the rehabilitation of the offender rather than on punitive punishment and seeks to dissuade the heavy reliance on pre-trial deprivation of liberty.
High Court Judge, Damone Younge, on Wednesday called on President Dr. Irfaan Ali and Opposition Leader, Aubrey Norton to move with alacrity to ensure the speedy appointment of a substantive Chancellor and Chief Justice.
“No further delay and excuse will countenance,” Justice Younge said while pointing out that the Court has found no breach or gross dereliction of duty on the part of President Ali to appoint the two office holders.
The High Court Judge determined that there appeared an unwillingness on the part of former Opposition Leader, Joseph Harmon to consult with the President as is prescribed by Article 127 (1) of the constitution.
And it was only in April 2022, almost two years since Dr. Ali took up the presidency that a new Opposition Leader in the person of Aubrey Norton had expressed a willingness to meet about the appointments.
Weeks after a June 07, 2022 correspondence, a case challenging the ‘delay’ in appointing persons to these posts, was filed by Opposition Member of Parliament, Vinceroy Jordan.
The Judge observed that the Constitution imposes a mandatory obligation for the Opposition Leader and President to reach agreement on the individuals to be appointed substantively.
Justice Younge, in her ruling, said while the onus is on the President, one is also placed on the Leader of the Opposition.
Justice Younge pointed out however, that the Constitution imposes no timeline on the consultative process but noted that “in this court’s view, there is no better way to demonstrate the commitment but to act with alacrity.”
Justice Younge believes any further ‘delay’ would not be good for the otherwise impressive legal and judicial landscape of Guyana.
Guyana remains without a substantive Chancellor and Chief Justice because of a lack of consultation and consensus between the President and the Leader of the Opposition.
This has been the case during the last three presidencies in Guyana after a constitutional amendment was made to allow the two top judicial office holders to be appointed substantively by the President after obtaining the agreement of the Opposition Leader.
Since the amendment was made to the constitution in 2001, no Chancellor or Chief Justice has been confirmed in the position.
Currently, Justice Yonette Cummings-Edwards is performing the duties of Chancellor and Justice Roxane George is performing the duties of the Chief Justice.
They were both appointed by former President David Granger in 2017. Failure by the former Opposition Leader Harmon to recognise President Irfaan Ali as legitimately elected, prevented any form of consultation between the two.
But even during the Granger presidency, no consultations occurred between him and the then Leader of the Opposition, Dr Bharrat Jagdeo.
Former Chancellor Carl Singh and Chief Justice Ian Chang both acted in the position for years amid failed attempts by former Presidents Donald Ramotar and Granger to reach a consensus on confirming them.
Guyana’s last substantive Chancellor of the Judiciary was Justice Desiree Bernard; she served until 2005 and was in position before the constitution was amended.
The procedures for the appointment of Chancellor and Chief Justice are outlined in Articles 127 (1) and (2) of the Constitution of Guyana.
Article 127 (1) states: “The Chancellor and the Chief Justice shall be appointed by the President after obtaining the agreement of the Leader of the Opposition.”
A 28-year-old mechanic lost his life on Tuesday night after he allegedly lost control of his car along the Coldingen Access Road, East Coast Demerara (ECD) at around 18:15 hrs.
The dead man has been identified as Akram Samaroo of Section ‘B’ Non Pariel, ECD; he died on spot.
At the time of the accident, Samaroo was the driver of motor car, PTT 4607.
Police Headquarters said Samaroo was speeding south along the eastern side of the access road and while negotiating a bend, he reportedly lost control of the vehicle.
“The car flipped, ended up in a nearby trench, and became submerged in water,” Police Headquarters noted in a press release.
Samaroo was pulled from the vehicle by public-spirited citizens. His body is currently at the Jerrick’s Funeral Home awaiting a post-mortem examination.
Lisa George, the mother of two who was brutally stabbed to death by her partner on Wednesday morning, wanted to end the relationship but was fearful of his reaction.
This is according to her sister, Lavern George, who told the News Room that the suspect, 23-year-old Meshack Douglas, tried to hurt himself in the past and even threatened the victim by telling her that he had a gun buried every time she tried to end the four-month relationship.
“My sister had wanted to leave him. The last time she put him out with all his things and then a few mornings after, he keep saying he sorry and she take him back…He use to threaten she and tell she how he got a gun,” a distraught George told the News Room at the ‘C’ Field, Sophia house where the murder took place.
According to George, the sister was scared that the man would have killed her and her children if she ended the relationship in a “rush.”
Thirty-one-year-old Lisa was stabbed to death in full view of her two children at around 03:00hrs; the News Room understands that the incident occurred while she was in bed with her six-year-old daughter and her 12-year-old son was in the living room.
Police sources told the News Room that the woman’s body was examined and there were about 22 stab wounds to her abdomen and neck.
The victim’s 12-year-old son told the Police he was awakened by his mother screaming and went to her bedroom, where he saw her lying on her back on the bed. According to the Police, the child said he saw the suspect on top of his mother, stabbing her with a knife.
The suspect was arrested at the scene. While being comforted by family members, George recalled that she was awoken by screams from her sister who was shouting for help.
“I hear meh sista holler ‘I gun dead’….I jump out the bed and I touch me child father and he run off the bed. He run behind me. I run and I start bramming down the window and the door and I tell me nephew open the door,” Lavern said.
Upon rushing to Lisa’s assistance, they saw the suspect over Lisa’s body; he was armed with two knives, one which he used to inflict the wounds and another that was in his waist.
The suspect was disarmed by Lovern and her husband.
“Me child father reach in the room before me. He run and he run straight and hold the bai (suspect) hand. Me sister fall back on the bed and then I see some blood pulking out from she stomach so I thought was shoot she get. So I take a sheet and I reach it on she stomach,” the grieving woman explained.
“I just keep hollering. Meh sista talking…I keep hollering ‘Lisa, stay with yuh sista’…And then she fall, she just gone and then I tek meh mouth and I open she mouth and I start blowing fah she get lil air. By the time she catch back she self, she seh ‘Nikita I gun dead’ and that was it.”
According to George, her sister spoke to the suspect’s mother about his behaviour in the past.
Lisa and Douglas worked together at a private security firm as security guards. Lisa shared the house with her sister and parents; her two children are from a previous relationship.
Thakurdial Samaroo and Naqeeba Zahid Zafarali, the couple wanted in relation to the murder of policeman, Quincy Lewis.
The development came days after the Guyana Police Force (GPF) issued wanted bulletins for the couple.
According to the Interpol website, a Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
The News Room was reliably informed that the couple is hiding out in the United States of America (USA).
After hours of searching, Lewis’ skeletal remains were discovered on April 19 at Madewini Sandpit area, on the Soesdyke/Linden Highway. A warhead was also recovered, confirming reports that he was shot to death.
The Cold Case Unit and ranks of the Major Crimes Unit made a breakthrough in the investigation following the arrest of two men, Shafeek Vernon called “Profit”, 25 of Lot 1 Ogle, East Coast Demerara and Jamel Van Lewis, 35 of Lot 29 Durban Street. Vernon and Lewis were charged on Monday and remanded to prison for the crime.
They were charged jointly with Samaroo and Zafarali.
When the matter was called, the Magistrate issued arrest warrants for the couple.
While in custody, Vernon and Lewis told detectives that the Police Constable was shot by Samaroo for having an affair with Zafarali.
Sources told the News Room that Lewis was bound and gagged by his killer/s before he was buried in a shallow grave and six plastic straps were found on the body. It also appeared as though his head was placed in a plastic bag.
Police last Friday disclosed that they are pursuing a known character who allegedly took possession of the car he was driving after he was shot and killed.
The car, PTT 7541, belonged to a friend of Lewis and his family only knew he was missing four days after when the friend showed up to collect the car.
Lewis was attached to the Agricola Police Station on the East Bank of Demerara and left his home on June 19, 2020, for work but he never showed up.