The high-level Commission of Inquiry (COI) into the highly controversial 2020 General and Regional Elections opened on Thursday with the Chairman, Retired Justice of Appeal of Trinidad and Tobago, Stanley John promising that it will be conducted in a fair, impartial, objective and professional manner.
“This inquiry has no ‘case’ to prove; it is interested in the truth and in fair conclusions based on the evidence properly analysed,” the Chairman said during the formal opening of the inquiry at the COI’s Secretariat at Middle Street, Georgetown.
The COI Chairman said that along with the other Commissioners – former Chancellor (ag) of the Judiciary, Carl Singh; and former Attorney General and Acting Justice of Appeal in the Eastern Caribbean, Godfrey P. Smith SC – the Commission will focus on the facts and credible evidence in the presentation of their findings to President Irfaan Ali.
“In making our findings, we will have regard only to such matters as are substantiated by credible evidence, with unstinting regard for the rules of natural justice, fundamental fairness especially as it relates to public inquiries and the rule of law. In this regard, we shall ensure that the report of this inquiry is scrupulously fair both in terms of an accurate recording of the events we will be investigating and in terms of any criticism we may make of persons involved in those events,” the COI Chairman assured.
The Commission is required to inquire into the circumstances and events leading up to, and the procedures following the Elections on March 2.
Special focus will be placed on the counting, ascertainment and tabulation of votes polled and the public declaration of those results by the Region Four Returning Officer, and other Election Officers as stipulated by the Representation of the People Act.
The Commission is also tasked with determining what attempts, if any, were made to obstruct, frustrate, subvert and prevent the counting, ascertainment and tabulation of votes polled and a declaration of the true results of Electoral District No. 4 as prescribed by the Law. They will also enquire into the conduct of the Chief Election Officer and other Election Officials.
“It is a matter of public knowledge that the tabulation and verification process for declaring the outcome of those elections was mired in intense controversy, unprecedented in the history of Guyana,” the Chairman said while noting that the five-month election attracted criticism and condemnation from global players including national observer missions, diplomats, international organisations including from CARICOM and the OAS General Secretariat.
However, he said no one will be charged or prosecuted.
“We stress that in an inquiry of this nature there is no claimant and defendant, no prosecutor or accused, no pleadings or changes or indictments. This is an inquiry to find out what in fact occurred, why it occurred, who, if anyone, is responsible and what can be done to prevent a recurrence,” Justice (Ret’d) John assured.
The public hearings, which will be live streamed, will commence on Friday, November 4, 2022 from 9-11hrs, and 13-16hrs.
Speaking to reporters on the side-lines of the opening ceremony, the Commission’s Secretary, Javed Shadick disclosed that thus far, approximately 15 persons have stepped forward to testify.
Mr Shadick declined to disclosed the names of witnesses out of fear that the ‘witnesses’ will be threatened.
“I am not going to go into depth of who actually will be coming forward tomorrow. We don’t want anyone to be threatened; it is a long night; we don’t want anyone to be threatened,” he told reporters.
However, he disclosed that three persons are likely to testify Friday. Witnesses will include GECOM Officials, Polling Day Staff, and Election Officers.
Mr Shadick also clarified that no one will be subpoenaed, noting that observers from the various parties have been invited to testify before the Commission.
The Commission is hoping to complete its work by early 2023.
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