Attorney General of Guyana criticizes delay in resolution of election fraud cases

Anil Nandlall, the Attorney General of Guyana highlighted the lack of urgency shown in bringing the trial of several former government ministers and officials of the Guyana Elections Commission (GECOM) to a conclusion after allegations were brought up regarding the 2020 regional and general election.

The Attorney General took to his weekly broadcast on Facebook called “Issue in the News” and stated the following, “Many of you continue to ask about the election fraud cases and as I receive information, I have been disseminating that information to you and I want to continue.”

In the early days of March, the magistrate responsible for these proceedings upheld an objection put forth by the defense counsel which stated that stipulation in the Representation of the People’s Act prohibit the Guyana Elections Commission (GECOM) from putting out certain decisions and discussions with in the commission in the public domain.

Nandlall has said that according to the defense’s argument rests on the notion that certain provisions with in the act can not be considered constitutional as they infringe on the rights of defendants to access information which is essential to mounting an effective defense. In his opinion, these provisions go against their constitutional right to getting a fair trial.

He also said that Lerone Daly, the Chief Magistrate, issued a ruling which states that, “The issues deserved to be addressed by the High Court and the learned magistrate indicated that she will refer the questions to the High Court, exercising a particular provision of the Guyana Constitution that allows for such questions to be referred to the High Court.”

Nandlall also spoke of the fact that the legislation allows a lower court to constitutional issue to the High Court once it has been brought up at the lower level, allowing for the High Court to ensure that a resolution is reached on the matter.

“The magistrate said that she will do so. Nearly a month has elapsed and as far as I am aware, and I made enquirers, as far as I am aware, the learned magistrate has not yet referred any such question to the High Court as promised so the delay continues.”

Nandlall happens to be the Minister of Legal Affairs and from his view point, said that, “This objection could have been taken three years ago. These charges are pending three years now in the magistrate’s court.”

He is displeased by the fact that when a date was finally set for the trial after prolonged periods of discourse in the public, the objection was put forth at the last moment to throw a spanner into the works.

“The objection could have been made at the beginning three years ago and …the issue would have been ventilated a long time now clearing the way for the trial to take place” he said.

The list of those who have been accused of fraud in the 2020 General and Regional Elections includes former GECOM Deputy Chief Election Officer, Roxanne Myers; a former Scrutineer, Carol Smith Joseph, Keith Lowenfield the former GECOM Chief Elections Officer, Former government minister, Volda Lawrence and former GECOM Returning Officer for District Four, Clairmont Mingo.

Denise Bobb-Cummings, Sheffern February, Enrique Livan and Michelle Miller are other GECOM staff members who have been charged in this case.

The defendants have been accused of inflating and misrepresenting results in the nation’s largest voting district, which is Region number 4. This handed the Partnership for National Unity and Alliance for Change (APNU+AFC) coalition a majority win which is being questioned to this day.

He also brought up apparent deficiencies in the manner in which the magistrate handled the objection, asking why she accepted it at the last moment and subsequently failed to put the matter before the High Court as she ruled she would.

He stated that, “When I say anything I am being accused of criticizing the judiciary, of criticizing the magistracy or interference. I am just giving you the information because you are requesting it and you are entitled to an update.”

“I believe and I reiterate that this case is unduly delayed and every opportunity that presents itself for the case to be delayed that opportunity is acted upon. And that is fair commentary on the state of affairs.

Nandlall revealed that he has been receiving correspondence from individuals through written messages, letters, comments and questions, which shows that the issue is of great importance to the nation.

“I am giving you the update and every time I do I have to explain to you that government doesn’t control the judiciary. Many of you criticize me and you criticize the government for not bringing those cases up to trial…and I am to report to you that we cannot interfere with the judiciary.”

Towards the end of the broadcast he added, “But I also have a duty to you to ensure that I update you on the progress of these matters and I know how anxious you are, as you are entitled to be, to ensure to have these matters ventilated.”