Election fraud trial to begin again today

–after several delays amid uncertainty about future involvement of the magistrate in the case
–AG Nandlall calls for reappointment

The high-profile election fraud trial involving several former senior election officials and political figures is scheduled to continue on Friday morning, November 1, 2024.

But uncertainty remains over whether Senior Judge Leron Daly, who is on medical leave, can continue to preside over the case.

Attorney General Anil Nandlall, SC, confirmed on Tuesday that if Judge Daly was not well, there was a possibility that the case would be transferred to a new judge and the trial would have to start anew.

Ongoing delays in the case, which began on July 29, 2024 and already faces multiple postponements, continue to raise concerns about the timeline for the decision.
During his weekly program Problems in the News, Nandlall said: “The latest information we have is that the judge assigned to the matter has fallen ill…

“We are going to a new election and these cases have not been concluded yet. All are pending before the Georgetown Magistrates’ Courts. And they took a very unfortunate path, to say the least. A course full of defense attorney delay and delay tactics. “I would be bold enough to say there was some kind of encouragement coming from the bench (on the field).”

Nandlall emphasized that if Judge Daly continues to be unwell, the case should be transferred to a new judge and the trial restarted.
He expressed optimism that the decision to transfer the matter to a new judge would be taken today. Once this was done, he asked the court to set clear time frames for the trial to begin and continue within a certain period of time.
Nandlall emphasized the importance of the case progressing unhindered and noted that the issues have been drawing people’s attention for more than three years.

The trial, which began on July 29, 2024, has faced numerous delays and procedural challenges since the charges were first filed in late 2020.
Hearings, originally scheduled to resume on August 7, 2024, were postponed due to Judge Daly being granted a 30-day medical leave, and the next scheduled hearing was postponed to September 17, 2024.
However, as Daly’s health problems continued that day, Acting Chief Justice Faith Mc Gusty informed the court that the hearing would be postponed until October 31, 2024 for reports.

Judge Mc Gusty emphasized that if Daly was still unwell by the newly scheduled date, the court would need to consider whether he was fit to continue hearing the case.

In such a case, applications regarding eligibility to continue the case will be accepted.
Judge Mc Gusty said that if his condition does not improve, there is a possibility that the trial will be transferred to another judge for further proceedings. Due to Diwali public holiday on October 31, 2024, the case was postponed to the next day.
These constant delays increased public concern about the resolution of the case. Since the 2020 general and regional elections, the case has attracted national attention due to serious allegations that key election officials attempted to manipulate election results in favor of the Partnership for National Unity + Alliance for Change (APNU+AFC) coalition. .

Those charged include People’s National Congress Reform (PNC/R) activist Carol Smith-Joseph; former APNU+AFC Health Minister Volda Lawrence; former Chief Electoral Officer (CEO), Keith Lowenfield; former Deputy Chief Election Officer Roxanne Myers; former Fourth District Returning Officer, Clairmont Mingo and Guyana Electoral Commission (GECOM) staff: Denise Babb-Cummings, Michelle Miller, Enrique Livan and Sheffern February
They collectively face 19 conspiracy charges related to alleged election fraud.

According to the state’s lawsuit, led by King’s Counsel Darshan Ramdhani, the defendant allegedly conspired to defraud voters by submitting inflated vote counts in favor of the APNU+AFC coalition for District Four, Guyana’s largest voting district.
Amended results released by Lowenfield showed APNU+AFC won with 171,825 votes, while the People’s Progressive Party/Civic (PPP/C) won with 166,343 votes.

However, a subsequent recount overseen by the Caribbean Community (CARICOM) team and the Guyana Electoral Commission (GECOM) reversed the result, revealing a PPP/C victory by more than 15,000 votes.
The prosecution built its case on a significant amount of evidence, including flash drives containing Survey Statements (SoPs) and Recount Statements (SoRs), testimony from 80 witnesses, and numerous official documents.
Witnesses include high-profile figures such as Local Government Minister Sonia Parag, who testified that Mingo used spreadsheets to create vote tabulations despite Chief Justice Roxane George-Wiltshire’s instruction to rely only on official SoPs.
Diaspora Unit Head Rosalinda Rasul, who served as an election observer, also testified.

Other prosecution witnesses include Forensic Investigator Rawle Nedd and former Fourth Precinct Police Commander Edgar Thomas. The State argued that Mingo and other officials undermined Guyana’s democratic process by deliberately manipulating the results of the Fourth Region to secure an APNU+AFC victory.

The case attracted a great deal of public attention as citizens were eager for accountability and transparency in the judicial process, given the prominence of those accused.
The defendants, who denied the charges and were released on bail, are represented by a defense team including lawyers Nigel Hughes, Ronald Daniels, Eusi Anderson and Darren Wade.
Meanwhile, apart from Ramdhani, the prosecution team includes lawyer Latchmie Rahamat and the Director of Public Prosecutions (DPP) along with several state advisors.
GECOM decided to dismiss Lowenfield, Myers and Mingo in August 2021 after allegations of fraud emerged. Many people welcomed this decision.