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Magistrate to rule on December 30 whether or not to restart election fraud case
Kaieteur News- Acting Chief Magistrate Faith McGusty, recently assigned to preside over the 2020 election fraud case, is set to deliver a ruling on December 30 regarding whether the case should start anew.
This decision follows a series of oral submissions made on Monday at the Georgetown Magistrates’ Court. During the proceedings, Special Prosecutor Dharshan Ramdhani KC (King’s Counsel) argued for a summary trial, while Defence Attorney, Nigel Hughes called for a “de novo”, meaning a fresh start to the proceedings.
Magistrate to rule on December 30 whether or not to restart election fraud case
The issue of restarting the trial had previously been raised, with the defence requesting a new trial after nearly four years of delays. However, the prosecution opposed this request, leading to the court ordering written submissions from both sides to determine whether the case should start anew.
In his arguments on Monday, Ramdhani emphasised that “de novo” orders are typically issued by the High Court, suggesting that the magistrate reconsider prior rulings made by other magistrates. He argued it would be more appropriate to proceed with a summary trial, adding that if the case were to restart, the prosecution should present its case first before any evidence is heard.
On the other hand, Hughes insisted that the trial should begin anew, noting that, with a new magistrate presiding, the case should be treated as if it were being heard for the first time, free from any previous rulings.
After hearing both sides, Magistrate McGusty indicated that she needed additional time to make a decision and scheduled the next court hearing for December 30, 2024, to announce her ruling. Following the hearing, Defence Attorney Hughes expressed his views on the prosecution’s proposal for a summary trial. “He is clearly opposing, I think legally, the law is not in his favour,” Hughes remarked.
Acting Chief Magistrate, Faith McGusty
In contrast, Prosecutor Ramdhani stated, “It is our hope that regardless of how the magistrate rules, the matter will have to start, whether as a preliminary enquiry or as a summary trial. We will ask for the earliest possible dates in January to begin these matters.”
The trial, which began on July 29, 2024, has faced multiple delays, notably when Senior Magistrate Leroy Daly fell ill on August and applied for sick leave in September 2024. Magistrate McGusty took over the case following Daly’s absence, raising procedural questions about whether the case should be tried summarily or indictably.
The case involves nine defendants facing 19 charges of conspiracy 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, the accused conspired to manipulate the results of the 2020 elections at Ashmins’ Building in Georgetown, thereby defrauding the electors of Guyana.
(Magistrate to rule on December 30 whether or not to restart election fraud case)
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