Delays in Election Fraud Case Stir Concern Ahead of New Election Cycle

Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C., has expressed deep concern over the delays in the trial of charges stemming from the 2020 General and Regional Elections.

Nearly four years after the charges were filed, the cases remain unresolved, a situation Nandlall has described as a “tragedy.” As Guyana approaches another election year, the lack of progress in the election fraud trials is drawing widespread criticism.

Nandlall highlighted the growing frustration felt by many Guyanese, both at home and abroad, as they await a resolution. He argued that the continued delays are a significant indictment of the country’s criminal justice system.

The Attorney General’s comments come in the wake of a decision by Acting Chief Magistrate Faith McGusty, who ordered fresh proceedings in the case. This means that the charges against several senior electoral officials, including former Chief Elections Officer Keith Lowenfield, will now start anew.

The case had been previously overseen by Senior Magistrate Leron Daly, who made crucial rulings on how the charges would be tried before taking medical leave in September 2024. Nandlall noted that both the prosecution and defense were invited to submit opinions on whether the charges should be tried summarily or indictably.

While the prosecution has filed its submissions, the defense has yet to do so, which Nandlall suggests may be a deliberate attempt to delay proceedings further. The next court hearing is scheduled for January 13, 2025.

Nandlall also questioned the reassignment of the case, pointing out that the magistrate who had initially overseen the matters and had temporarily stepped down due to illness is now back at work but is no longer presiding over these particular cases. He stressed that such a decision should be accompanied by transparency and a clear explanation.

While emphasizing that his comments were not intended as an attack on the judiciary, Nandlall stressed the need for transparency and accountability in the handling of the cases. He noted that the ongoing delays are eroding public confidence in the criminal justice system, particularly as the country prepares for another electoral cycle.

The case involves high-profile figures from the political and electoral landscape, including former District Four Returning Officer Clairmont Mingo, former Health Minister Volda Lawrence, PNCR activist Carol Smith-Joseph, and former GECOM officials Keith Lowenfield, Roxanne Myers, Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller.

All the defendants face 19 charges of conspiracy to commit electoral fraud, all of which they have denied. The charges stem from allegations that the accused manipulated the election results in Region Four, the country’s largest electoral district, in favor of the APNU+AFC coalition.

Prosecutors argue that the manipulation was designed to inflate the coalition’s vote count and undermine the democratic process.Central to the case are key pieces of evidence, including flash drives containing Statements of Poll (SOPs) and Statements of Recount (SORs), along with approximately 72 witness statements and other official documents.

The defense team includes attorneys Ronald Daniels, Eusi Anderson, and Darren Wade, while the prosecution is represented by attorney Latchmie Rahamat and several state counsels from the Office of the Director of Public Prosecutions (DPP).

The contested election results, initially announced by Lowenfield, indicated an APNU+AFC win with 171,825 votes, compared to the Peoples Progressive Party/Civic’s (PPP/C) 166,343. However, a subsequent recount overseen by a Caribbean Community (CARICOM) team and GECOM revealed a different outcome, with the PPP/C securing 233,336 votes, while the coalition garnered 217,920. Following the revelations of alleged fraud, GECOM dismissed Lowenfield, Myers, and Mingo in August 2021.

The long-awaited trial is expected to shed light on the controversial events surrounding the election and address the accusations of fraud that have continued to divide the nation.