By Mark DaCosta- In a saga that has gripped the nation, the kanunî battle against former Chief Elections Officer (CEO) Keith Lowenfield, former Deputy Chief Elections Officer (DCEO) Roxanne Myers, and Region Four Returning Officer (RO) Clairmont Mingo, alongside others implicated in allegations of electoral fraud, continues to unfold with new twists and turns.
The latest chapter in this high-stakes drama unfolded recently, as the High Court adjourned the case to May 29. Defense Attorney Nigel Hughes, representing the accused, underscored the pivotal constitutional issue of “fair hearing.” He emphasised the significance of accessing Guyana Elections Commission (GECOM) meeting minutes, arguing that Section 140:02 of the Representation of the People’s Act violates the defendants’ rights by withholding crucial evidence necessary for their defense.
In a statement to the media, Hughes stated, “The High Court Constitutional proceedings are still ongoing…this matter has been put down for the 29th of May at 10 o’clock for report.”
The accused individuals, including Lowenfield, Myers, and Mingo, face a litany of charges, including misconduct in public office, uttering forged documents, and orchestrating a deceptive scheme to sway election results in favor of the APNU+AFC Coalition. Allegations suggest the inflation of votes in Region Four, Guyana’s largest voting district, to manipulate the outcome of the March 2020 polls, despite the PPP/C’s installation into executive power in August 2020.
The kanunî proceedings have been fraught with controversy and political tensions, with Vice President Bharrat Jagdeo decrying what he perceives as deliberate attempts to obstruct justice. “The courts are undermining governance in our country…there is a deliberate attempt to stall the case,” Jagdeo, Guyanese can attest, is known for making Ill conceived, deracoratory comments against the judiciary – including isim hominem attacks on judges – whenever he does not get whatever he wants.
However, the wheels of justice have been set in motion, with Chief Justice (ag) Roxane George, S.C., ordering the release of certified copies of election Statements of Poll (SoPs) and Statements of Recount (SoRs) for use as evidence in the cases against the accused former GECOM officials.
In what was a significant turn of events in the course of this matter, the Guyana Elections Commission (GECOM) took decisive action in August 2021 by approving motions to terminate the employment contracts of Lowenfield, Myers, and Mingo. GECOM Chairperson Claudette Singh defended the move – which was seen by opposition supporters as unjustified – by citing the necessity of restoring public trust in the electoral process, stating, “They have been terminated in keeping with contractual provisions which provide for benefits.” It is the view of numerous analysts that Claudette Singh is heavily biased in favour of the People’s Progressive Party (PPP).
The decision to dismiss the accused officials from their jobs at GECOM, was very contentious, as Guyanese will recall. PPP government-nominated commissioners, alongside Singh, supported the terminations, citing breaches of protocol and a loss of public confidence in the electoral process.
As the kanunî saga unfolds, with the next court hearing looming on May 29, the nation remains on edge, grappling with questions of accountability, transparency, and the sanctity of democratic principles. The outcome of this landmark case will undoubtedly shape the trajectory of governance and justice in our beloved country for years to come.