Elections CoI members were not involved in formulation of Terms of Reference -Chairman make clear

According to the three-member Commission, at no time were they ever involved in the drafting of the ToR, which was published in the Official Gazette on 13th September 2022.

Elections CoI members were not involved in formulation of Terms of Reference -Chairman make clear

The Chairman and Commissioners of the Presidential Commission of Inquiry into the 2020 General and Regional Elections today made it clear that they played no part in drafting the Terms of Reference (ToR) for the inquiry.

The declaration came amid allegations that they were involved in drafting the ToR.

“It has come to the attention of the Commissioners that a suggestion has arisen in the public domain that the terms of reference of this Commission of Inquiry were being worked on and drafted by the Commissioners before they were appointed on September 13th, 2022,” the Justice (Ret’d) Stanley John-led Commission said in a statement.

The Commission members said at no time were they ever involved in the drafting of the ToR, which was published in the Official Gazette on 13th September 2022.

According to the ToR, the Commission is required to inquire into the circumstances and events leading up to, and the procedures following the Elections on March 2, 2020.

Based on the ToR, the Commission is placing significant focus on the counting, ascertainment and tabulation of votes polled and the public declaration of those results by the Region Four Returning Officer, Clairmont Mingo 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.

Already, the Commission has heard from at least five witnesses – Chief Elections Officer (CEO), Vishnu Persaud; Assistant Commissioner of Police, Edgar Thomas, former ANUG Executive, Jonathan Yearwood; Founder and former Executive of The New Movement, Dr Josh Kanhai and Member of Parliament and Leader of the Liberty and Justice Party, Lenox Shuman.

Two of those witnesses have accused elections officials of attempting to tamper with the tabulation of SOPs at the Guyana Elections Commission’s (GECOM’s) Command Centre at the Ashmins Building.  

In a separate statement, Justice (Ret’d) John said the Commission is cognizant that statements and comments made during the inquiry may adversely affect individuals, and as such, persons, who have been implicated, will be written to, to appear before the Commission.

“As the inquiry proceeds, the Secretary of the Commission will write to those persons against whom any allegation of impropriety has been made, setting out the details of the allegations and inviting such persons to appear before the Commission and providing a fair opportunity to such persons to comment on any adverse comment or allegation made against them,” the Chairman explained.

Ahead of the public hearings, which commenced last Friday, the Chairman assured that the inquiry will be conducted in a fair, impartial, objective and professional manner.

According to him, in presenting the report to President Irfaan Ali, the Commission will focus on facts and credible evidence.

The other two commissioners are 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 is expected to complete its work by the end of January 2023.

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