Defence wants fresh start into election fraud case trial

Nov 07, 2024 News

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….magistrate sets Dec. 9 to hear arguments  

Kaieteur News- In light of new developments, Acting Chief Magistrate Faith McGusty, who was recently assigned the 2020 elections fraud case, has set December 9, to hear preliminary arguments after the defence has called for a fresh start into the nearly four-year trial.

The case which started since 2021 was last week transferred to Magistrate McGusty. The key issue at hand is whether the trial should restart from the point when the nine accused made their first court appearance. During a Case Management Conference (CMC) held at the Georgetown Magistrates’ Court on Wednesday, both the defense and prosecution were given three weeks to submit written arguments, with oral statements scheduled for December 9, 2024.

Initially, Magistrate McGusty had anticipated that the trial could begin as soon as November 15, 2024, in an effort to expedite the proceedings. However, both sides raised arguments against this timeline, prompting further discussions on the trial’s restart.

Defense attorney Nigel Hughes argued that the trial should restart from the original date when the nine accused first appeared in court and entered their pleas. He contended that the previous rulings made by Senior Magistrate Leron Daly and prior magistrates who had conducted earlier proceedings, should not be binding. “The decision made by Magistrate Daly cannot be binding on this court, as it was made by a magistrate who no longer has conduct over the case,” Hughes said. “We do not believe that the de novo (starting anew) principle requires you to be bound by any decisions made by a previous magistrate.”

In contrast, lead prosecutor Dharshan Ramdhani KC (King’s Counsel) argued that it is common practice for a new magistrate to review charges, hear pleas, and proceed with the trial as if it were beginning afresh, without requiring a re-hearing of the pleas. “This is the usual practice,” Ramdhani explained. “The magistrate reads the charge, a plea is entered, and then the matter is transferred to another magistrate who hears the case in its entirety.”

Ramdhani emphasised that while the trial may begin anew, the legal process would remain fair and consistent with established procedures. However, Hughes disagreed, urging that legal principles should not be overlooked simply because of custom. As such he remains firm on a complete restart of the case and in doing so he requested an additional three weeks to prepare his arguments, citing concerns about further delays.

Magistrate McGusty will now have to reconsider how to proceed with the case, effectively reassessing it from a fresh standpoint, without regard to previous rulings.

 

Another issue raised during the conference was the status of two charges that had originally been considered indictable but were later deemed summarily triable. Prosecutor Ramdhani requested that these charges be reinstated as part of the full sets of charges, arguing that the previous decision to make them summarily triable was a mistake and should be reviewed.

However, Hughes opposed this, noting that the decision to make the charges indictable had already been appealed and reviewed by a higher court. He insisted that it was not within the magistrate’s jurisdiction to revisit this matter at the trial level. In response, Magistrate McGusty remarked, “I will not shut out submissions at this stage.”

At the conclusion of the hearing, Magistrate McGusty set a deadline for written submissions to be filed by November 27. The next hearing will take place on December 9, 2024, when Magistrate McGusty will rule on the preliminary matters and set a new date for the trial to officially restart.

Both the defense and prosecution, along with Magistrate McGusty, appealed to the media and public officials to avoid misrepresenting the court proceedings. They emphasised the importance of allowing the trial to proceed without unnecessary disruptions caused by public statements that could undermine the legal process.

The case involves nine defendants facing 19 conspiracy charges related to the March 2020 general and regional elections. The accused include former GECOM Chief Elections Officer Keith Lowenfield; former Returning Officer for District Four Clairmont Mingo; former Deputy Chief Elections Officer Roxanne Myers; former Minister Volda Lawrence; APNU+AFC’s Chief Scrutineer Carol Smith Joseph; and former GECOM employees Sheffern February, Enrique Liven, Michelle Miller, and Denise Babb-Cummings.

The charges allege that between March 2 and August 2, 2020, at Ashmins’ Building in Georgetown, the accused conspired to defraud the electors of Guyana by manipulating the results of the 2020 elections.

The 19 conspiracy charges were brought to the court in 2021 and trial commenced in July 2024. However, the trial has since faced multiple delays, the most recent being the illness of Senior Magistrate Daly, who announced her condition in early August. The trial was further delayed in September as she remained unwell and is now being presided over to a new magistrate.

(Defence wants fresh start into election fraud case trial)

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• court, Election Fraud Case, further delayed, oral arguments, restart trial

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