Jul 24, 2020 News
Chief Elections Officer, Keith Lowenfield, was yesterday served with the court papers notifying him of three separate cases of private criminal charges instituted against him, after weeks of evading the summons issued by Principal Magistrate Faith McGusty.
Candidate for The New Movement (TNM), Josh Kanhai, who filed one of the charges, announced that Lowenfield was served yesterday, on Facebook. He said that the Chief Elections Officer was served “after careful planning and strategy” at the Guyana Elections Commission (GECOM) Secretariat at Kingston, Georgetown.
Kanhai said that Lowenfield is expected to present himself at the Georgetown Magistrates’ Court today at 9:00hrs to face the charges.
“Justice must prevail,” Kanhai said, “so that the will of the Guyanese people be respected.”
Lowenfield had failed to make an appearance in Court on July 3. Hence, the summons was issued, after attorney-at-law Glenn Hanoman explained to the Magistrate that the court bailiff had made several attempts to serve the CEO.
Hanoman is representing one informant, Desmond Morian, a member of the People’s Progressive Party Civic (PPP/C) who filed two of the three charges against Lowenfield.
On June 30, he filed the first charge accusing Lowenfield of the offence of Misconduct in Public Office contrary to the common law.
The particulars of the offence state, “The accused between the 5th day of March and 23rd day of June, 2020, while performing his duty as the Chief Elections Officer of the Guyana Elections Commission, without lawful excuse or justification, willfully misconducted himself at Georgetown, County of Demerara, State of Guyana, a place within the Georgetown Magisterial District by ascertaining results of the 2nd March, 2020 General and Regional Elections for Guyana knowing the said results to be false, the said willful misconduct amounting to a breach of the public’s trust in the Office of the Chief Elections Officer of the Guyana Elections Commission.”
On July 3, he filed his second charge, alleging that Lowenfield, “between the 5th day of March and 23rd day of June, 2020, at Georgetown, conspired with person(s) unknown to commit the common law fraud, to wit, by representing to the Guyana Elections Commission, that tables attached to his Election Report dated 14th day of March, 2020 accurately reflected the true results of the said election, in order to materially alter the results of the said election, with intent to defraud, knowing the said tabulation to be false.”
The other informant, Kanhai is being represented by attorneys-at-law Mark Conway and George Thomas. His charge accuses Lowenfield of the offence of Conspiracy to Commit a Felony contrary to Section 34 of the Criminal Law (Offences) Act.
The particulars of the offence state, “The accused between the 5th day of March and 23rd day of June, 2020, at Georgetown, in the Georgetown Magisterial District, County of Demerara, State of Guyana, conspired with person(s) unknown to commit the common law offence of fraud, to wit, by representing to the Guyana Elections Commission, that tables attached to his Election Report dated 23rd June, 2020, accurately reflected the true results of the said election, in order to materially alter the results of the said election, with intent to defraud, knowing the said tabulation to be false.”
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