The case against the former Chief Elections Officer (CEO); Keith Lowenfield, the former Deputy Chief Elections Officer (DCEO), Roxanne Myers; and the Region Four Returning Officer (RO), Clairmont Mingo, who along with several others have been accused of electoral fraud, has been adjourned to May 29, as the High Court continues to treat with the Constitutional issues that arose in the lower court.

The highly watched case was called today in the Georgetown Magistrates’ Court before Magistrate Leron Daly for report. It was then that the Defense Attorney, Nigel Hughes informed the Court that the Constitutional issue of “fair hearing” is still being addressed by the High Court. 

“We reported that the High Court Constitutional proceedings are still ongoing. They have been put down for the 13th of May before the Chief Justice, and consequently, this matter has been put down for the 29th of May at 10 o’clock for report,” Mr Hughes told News Source. 

Hughes had earlier raised the issue of “fair hearing” on the grounds that Section 140:02 of the Representation of the People’s Act, which bars the disclosure of minutes of meetings held by the Guyana Elections Commission (GECOM), is unconstitutional. He is seeking copies of the minutes of the meetings held by GECOM during the course of the 2020 Elections, to prove to the Court that the actions taken by Lowenfield and Myers along with other election officials, were based on the decisions of the Commission and not on their own accord.

He had reasoned that in the 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.  

In March, Magistrate Daly, while relying on the Constitution, said she was “compelled” to refer the question of “fair hearing” 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. 

She said the defendants have a right to defend themselves. 

But the Government has viewed the move as another attempt to delay the case.

Vice President Bharrat Jagdeo, in expressing his frustration, has accused the local Courts of undermining governance in the country, and “frustrating the will of the people.”

He believes there is a deliberate attempt to stall the case. 

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