Prosecution and Defence in Election Fraud case to begin oral arguments on December 9

Prosecution and Defence in Election Fraud case to begin oral arguments on December 9

The Courtroom of the Acting Chief Magistrate will begin hearing oral arguments on the 9th December into the ongoing electoral fraud case.

The case was recently transferred to the Acting Chief Magistrate after another Magistrate, who had begun hearing the matter, fell seriously ill and has proceeded on leave.

At a Case Management Conference today, Acting Chief Magistrate Faith McGusty told the Defence Attorneys that they have three weeks to submit written arguments, while the State will have up until December 4, to submit written responses in preparation for the oral arguments.

The Magistrate noted the lengthy delays in the case and has pledged to work with all of the Attorneys to ensure that the case goes through the Court in a timely manner.

Defence Attorney Nigel Hughes pleaded with the Magistrate to not have the case degenerate. 

He said the case is a highly political one, which has been attracting criticism from politicians and State Attorneys. Hughes said those actions have caused some discomfort and have also a shadow over the Judiciary.

The judiciary has faced criticisms over the lengthy delays associated with this trial.

At a press conference last week, Vice President Bharrat Jagdeo urged the judiciary to address delays in important cases such as the election case. A few weeks ago, Mr. Jagdeo said given the slow pace of the trial in the local Courts, he believes the case will eventually find its way to the Caribbean Court of Justice.

Attorney Nigel Hughes

Attorney Nigel Hughes told the Court this morning that he wishes that the matter be conducted in a manner that is not disrespectful of the Court, adding that the Court cannot allow finger pointing and a trial outside of the Courtroom.

Special Prosecutor Darshan Ramdhani also pleaded for respect and healthy debates as the case unfolds.

The Special Prosecutor said there is a narrative taking place on the outside of the Courtroom and he thinks the note of caution issued by Mr. Hughes is important.

The state is expected to call some 70 witnesses and the Chief Magistrate said she will indicate when the matter reaches that stage.

The state is also preparing to again seek a ruling on whether the matter should be indictable or tried summarily.

The defendants in the matter are former Chief Election Officer, Keith Lowenfield; former Deputy Chief Election Officer, Roxanne Myers; and former Region Four Returning Officer, Clairmont Mingo, along with Opposition Member of Parliament, Volda Lawrence’ People’s National Congress Reform (PNC/R) Member Carol Smith-Joseph; and Election Officers Sheffern February, Enrique Livan, Denise Bobb-Cummings and Michelle Miller.

Together, the nine accused are facing 19 conspiracy charges relating to an alleged attempt to declare fraudulent results during the 2020 Elections. They have all declared their innocence. 

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