The trial concerning alleged fraud in the 2020 General and Regional elections hit a snag on its third day. These issues predominantly center around the admissibility of evidence and the accuracy of court records, forcing an abrupt adjournment.
The hearing began on Wednesday with lawyers in a banter over admissibility of evidence and the mention of names of persons who are not defendants in the case.
These issues were raised by Dharshan Ramdhani, KC, who made three submissions to the court in an effort to have the issues addressed by presiding Magistrate Leron Daly but after hours of pleading his case, no resolution was immediately in sight.
The issues raised by Ramdhani stem from an earlier proceeding which saw a section of the Minister of Local Government and Regional Development, Sonia Parag’s evidence being struck out.
This was solely because Parag, in her testimony, named an individual who is not a defendant in the matter.
So, Ramdhani sought to have Parag recalled to the witness stand to once again lead the evidence without the implication of anyone. A decision, which magistrate Daly said she will rule on of as the trail proceeds.
Defence attorney Eusi Anderson objected to any ruling without the Magistrate first allowing him to speak on the request.
But it did not end there as the prosecution also sought clarity on the magistrate’s process in noting evidence. There was uncertainty whether notes taken by the magistrate reflect every aspect of the evidence given by witnesses. In response, magistrate Daly explained that all the evidence were not recorded by her since some aspects cannot be admitted as evidence.
The entire trial is being video recorded but there was also uncertainty on whether the recordings can stand as official records in the case.
It was at this point that the prosecution voiced concerns about the difference in evidence to be reflected in the court notes and the live recording of the proceedings.
In fact, Ramdhani told the court there were 40 instances whereby vital evidence were not noted by the Magistrate.
So to clarify this, the magistrate provided the prosecution with the option to compare the two and point her to these instances, a process which will take some time.
After listening to the prosecution submission and despite efforts to address the issues on spot, the court went to recess. During the period both the prosecution and defense attorneys met with the magistrate in her chambers, upon request.
And following deliberations, the court resumed with the magistrate informing those present, including the defendants that she would need some time to review the challenges raised.
So the case was adjourned to Monday, August 05.
Nine persons are before the court in relation to electoral fraud. They are: former APNU+AFC government minister Volda Lawrence; former GECOM Chief Elections Officer Keith Lowenfield; former GECOM Returning Officer for District Four Clairmont Mingo; former GECOM Deputy Chief Election Officer Roxanne Myers; APNU+AFC’s Chief Scrutineer Carol Smith Joseph; and former GECOM employees Sheffern February, Enrique Liven, Michelle Miller and Denise Babb-Cummings.
They face nine conspiracy charges which are said to have been committed between elections day – March 2, 2020 – to August 2, 2020. It is alleged that the defendants conspired during the 2020 General and Regional elections to defraud the electors of Guyana by declaring a false account of votes cast.
Parag was the first witness to testify in the trial. During her testimony, she detailed the continuous delay during the tabulation process, the chaos and shouting which followed after Mingo declare the results without the process being completed and the events which led to court proceedings being filed in the High Court.
Parag wrapped up her testimony on Tuesday. The second witness in the matter is Rosalinda Rasul, who was an accredited observer attached to AMCHAM at the time of the elections. Rasul is to continue her testimony but this will be done after the challenges are addressed.
A series of witnesses are expected to testify in this long delayed trial which will run for six weeks.
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