High Court dismisses Constitutional Challenge by Lowenfield and Myers

High Court dismisses Constitutional Challenge by Lowenfield and Myers

Acting Chief Justice Roxane George has dismissed a challenge filed by former Chief Elections Officer (CEO), Keith Lowenfield and his former Deputy, Roxane Myers over a perceived breach of their constitutional right to a fair trial.  

Through their attorneys, Lowenfield and Myers, who are currently facing a number of electoral related fraud charges, had alleged, in the Georgetown Magistrate’s Court, that Section 140 (2) of the Representation of the People Act breached their right to a fair trial, as guaranteed by Article 144, and their right to equality before the law, as guaranteed by Article 149 (D) of the Constitution.

In early March, City Magistrate Leron Daly referred the question of “fair hearing” emanating from the elections fraud case to the High Court, taking into account that the Representation of the Peoples’ Act, bars the disclosures of minutes of meetings held by the Guyana Elections Commission (GECOM). 

Lowenfield and Mayers are contending that their actions were guided by the decisions of the Commission chronicled in those minutes, and it would only be fair for the minutes to be disclosed. 

But in a statement, the Attorney General Chamber said the Chief Justice dismissed the challenge filed by the two former top election officials. 

“The Court stated that Lowenfield and Myers were on a fishing expedition and “cast their net too wide.” The Court found no evidence that their constitutional rights were likely to be infringed. The Court also found that the public interest in ensuring that GECOM’s deliberations remain confidential overrides whatever constitutional rights Lowenfield and Myers enjoy,” a statement from the Attorney General’s chambers read. 

According to the statement, the Court also ruled that there was no ground established that shows that Section 140 (2) of the Representation of the People Act breached any provisions of the Constitution.

The Attorney General’s Chamber said importantly, the ruling now paves the way for the Magistrate to proceed with the criminal charges. 

The Attorney General appeared in person along with Shoshanna Lall, Assistant Solicitor General; Loretta Noel, Senior Legal Adviser and Pierre Squires, State Counsel. The Applicants were represented by Nigel Hughes and Iyanna Butts, while the DPP was represented by Darshan Ramdhani KC and GECOM was represented by Kurt DaSilva.

Lowenfield and Myers, along with others, are facing 28 criminal charges of attempting to commit fraud at the 2020 General and Regional Elections. These charges are pending at the Georgetown Magistrates’ Court. 

You must be logged in to post a comment Login