City Magistrate Leron Daly has referred the question of “fair hearing”, which has been raised at the Elections fraud case, to the High Court.

The Magistrate’s decision came in response to the Defense Attorney’s contention that Section 140:2 of the Representation of the Peoples’ Act, which bars the disclosures of minutes of meetings held by the Guyana Elections Commission (GECOM), to be unconstitutional.  

Attorney-at-Law Nigel Hughes, who forms part of a battery of lawyers, representing the former Chief Elections Officer, Keith Lowenfield; the former Deputy Chief Elections Officer, Roxanne Myers; and the Region Four Returning Officer (RO), Clairmont Mingo, among other defendants in the case, last Monday requested copies of the minutes of the meetings held by GECOM during the course of the 2020 Elections. 

He submitted then that Section 140:2 of the Representation of the People’s Act, which bars against such disclosure, is in conflict with the Constitution, which guarantees a “fair hearing.”

Today, while relying on Article 153 of the Constitution, Magistrate Daly said she was “compelled” to refer the question to the High Court. The Magistrate reasoned that in her opinion, the question raised by Hughes is neither “frivolous or vexatious,” and is worthy of consideration by the High Court. 

Hughes, who appeared longside Attorney Ronald Daniels, welcomed the decision of the City Magistrate. 

“Article 153 of the Constitution says that any time anybody raises a constitutional point before a magistrate or any other inferior tribunal that tribunal must refer the matter to the High Court, unless it is frivolous and vexatious. Well, this clearly, is not frivolous and vexatious issue because of course, this deals with the essence of a defendant being able to defend himself by way of cross-examination. So, today, the magistrate upheld our submission, which is, one, it is an important constitutional point; two, it was not frivolous and vexatious, and three that she would do as directed by the constitution, refer the matter to the High Court,” Hughes told reporters outside of the Georgetown Magistrates’ Court. 

As he did last Monday, the Attorney submitted that the minutes of the meetings would reveal that the former Chief Elections Officer, and the former Deputy Chief Elections Officer, acted in accordance with the decisions of the Commission during the course of the 2020 elections. 

He reasoned that the in absence of such documents, the defense would not be able to confront the Chairman of the Elections Commission, Justice (Ret’d) Claudette Singh and Commissioners Sase Gunraj and Robeson Benn, on decisions that were taken at the level of the Commission that guided the actions of the defendants.   

“If in their defense, Mr Lowenfied and Ms Myers, want to say, I was at a meeting on a particular day during the election period when this decision was made and we were directed by the commission to do x, y and z and that’s exactly what we did do, they cannot present that meeting or decision of the commission, which they are relying on in their defense, to say look, when I did x, y and z, it was because the commission directed me to so do. And that is the most fundamental aspect of our any legal proceeding, is that you must be able to confront your accusers,” Hughes reasoned. 

With the decision taken to refer the question to the High Court, Magistrate Daly indicated that the proceedings would be put on hold, pending the hearing and determination of the matter at the level of the High Court. 

Counsel for the State, Darshan Ramdhani, wanted the matter to proceed while the High Court was addressing the question raised. However, the Defence Attorneys told the Court that the issue of “fair hearing” applies to the entire trial, and not simply three of the material witnesses. 

The case has been adjourned to April 2, 2024 at 10am for report.  (Svetlana Marshall)

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