Three employees of the Guyana Elections Commission (GECOM), Shefern February, Denise Babb-Cummings and Carolyn Duncan, who are already facing criminal charges in relation to the 2020 elections, invoked their constitutional right to remain silent when they appeared before the Elections Commission of Inquiry (COI) this morning.  

Having been summoned to appear before the Commission, February and Babb-Cummings, both of whom were charged by the Guyana Police Force in 2020 for election related crimes, on Monday, filed an injunction to block their appearance.

The application, was refused when the matter came up in the High Court this morning, Chairman of the COI, Justice (Ret’d) Stanley John disclosed.

“The Commission is mindful that you along with others initiated certain proceedings yesterday. We are all well aware that earlier this morning, the Court did not grant the injunction sought or the conservatory order. We nevertheless, thank you for attending in response to our summons,” the Chairman said as he addressed the witnesses individually.

Attorney-at-Law Eusi Anderson, who appeared on behalf of the three GECOM employees told the Commission that his clients, are all facing criminal charges, and they should only be asked to provide biometric data.

“Ms Duncan had the allegation put to her specifically by the Guyana Police Force that she along with others, in her capacity, as whatever role she performed at the Guyana Elections Commission, conspired to rig the Guyana March 2020 General and Regional Elections. On that basis, it is my respectful view that their attendance here as witnesses, to speak to issues for which…Ms Duncan is potentially criminally to be prosecuted and the other actually being criminally being prosecute, I am humbly asking for only their biometric data or anything that is in the public information be that information elicited,” the Attorney said as he pleaded with the Commission.

The GECOM employees were nonetheless called before the Commission to testify. However, the Chairman, in cautioning them, said the Commission is cognizant of the criminal charges laid against them in relation to the 2020 elections.

“Accordingly, it is our duty to remind you of the right against self-incrimination and the right to silence. Additionally, you have the right to be represented by Counsel and Counsel is actually here this morning,” the Chairman said.

Upon taking the stand, each of the three women invoked their right to remain silent.

“I invoke my constitutional right to remain silent under Article 144,” Bob-Cummings told the Commission when asked if there was anything she wished to say.

Similar position was taken by February and Duncan.

In August 2020, February was charged with conspiracy to commit fraud.

According to the charges laid against her, on March 13, 2020, she attempted to defraud the public of Guyana by not using figures from the Statements of Poll while acting as a clerk for District Four. Similar charges were laid against Babb-Cummings and Duncan.

The women have all denied the allegations that have been laid against them.

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