Acting Chief Magistrate Faith Mc Gusty has ruled that the election fraud cases stemming from Guyana’s contentious 2020 national elections will proceed summarily, prioritising expediency and public interest.
Delivering her decision on Monday at the Georgetown Magistrates’ Courts, Magistrate Mc Gusty emphasised that the prolonged duration of the case and its significant public interest necessitated a summary trial.
According to her, this approach aims to avoid further delays and expedite the administration of justice.Typically, an indictable process involves a preliminary inquiry or paper committal proceeding to determine whether sufficient evidence exists to send the case to the High Court.
However, by proceeding summarily, the trial will be conducted directly by the magistrate, significantly reducing procedural delays. The defence, led by Attorney-at-Law Nigel Hughes, had submitted written arguments advocating for the charges to be heard indictably.
Conversely, lead prosecutor Darshan Ramdhani, KC, maintained that a summary trial was the most appropriate course of action, urging the court to proceed without further delay.
The trial is scheduled to commence on Monday, February 17, 2025, at 1:00 PM and will continue on February 18 and 19, with additional hearings planned for March 2025.
Earlier this month, Magistrate Mc Gusty granted a request from the defence to restart the trial.This decision effectively vacated all prior rulings by Senior Magistrate Leron Daly, who had presided over the trial until her extended medical leave in August 2024.
Daly’s prolonged absence led to Magistrate Mc Gusty assuming responsibility for the proceedings.The case centres on allegations of a conspiracy to manipulate the results of Guyana’s 2020 elections. Initially, then Chief Elections Officer (CEO) Keith Lowenfield declared a victory for the APNU+AFC coalition, claiming 171,825 votes to the PPP/C’s 166,343.
However, a recount overseen by GECOM And a high-level CARICOM delegation revealed that the PPP/C had secured victory with 233,336 votes against the coalition’s 217,920.
The recount uncovered alleged irregularities, particularly in Region Four, Guyana’s largest voting district.Following the PPP/C’s return to office in August 2020, several high-profile individuals were charged with conspiracy to commit electoral fraud.
Among those charged are former District Four Returning Officer Clairmont Mingo; former Health Minister under the APNU/AFC administration Volda Lawrence; PNC/R activist Carol Smith-Joseph; former CEO Keith Lowenfield; former Deputy CEO Roxanne Myers and GECOM employees Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller.
The defendants face 19 conspiracy charges collectively and have denied all allegations. They are currently out on cash bail.
If convicted, they could face up to three years in prison for each charge. Prosecutors, led by Darshan Ramdhani, have indicated plans to call approximately 72 witnesses, including Minister of Local Government and Regional Development Sonia Parag, to substantiate the charges.
In August 2021, GECOM dismissed Lowenfield, Myers, and Mingo following the emergence of serious fraud allegations.
