…Lowenfield, Mingo, several others named
…DPP to take over prosecution of Lowenfield’s case
The chambers of the Director of Public Prosecutions has taken over the case against Chief Elections Officer Keith Lowenfield and the police have been advised to commence investigations.
In a media release the Guyana Police Force said that as of Friday formal reports were received which alleged criminal conduct by Mr. Keith Lowenfield, Mr. Clairmont Mingo and others in relation to the March, 2nd, 2020, General and Regional Elections and events subsequent thereto.
“As a result, legal advice was obtained from the Director of Public Prosecution (DPP) and the Guyana Police Force was advised to launch a comprehensive investigation into these allegations in accordance with its mandate,” the release stated.
The DPP has further indicated that in the exercise of powers vested in her under Article 187 of the Constitution, she will take over the private criminal charges currently pending in the Magistrate’s Court in relation to the March 2nd, 2020, General and Regional Elections and its aftermath.
Last week the DPP Chambers jad agreed to review the private criminal charges filed against Lowenfield.
The request for the review was done by attorney for Lowenfield Nigel Hughes. Hughes had written to the DPP, Shalimar Ali-Hack urging that the charges be withdrawn. He said the private prosecutors do not have sufficient evidence against Lownefield. Hughes wants the DPP to strike out the charges just as she did with those that were filed against Chairman of GECOM, Justice, Claudette Singh. When Lowenfield had first appeared in court he was granted $450,000 bail.
A PPP/C activist and others filed the criminal charges against the CEO for alleged misconduct in public office. The allegations by Desmond Morian are that Lowenfield, while performing his duties as CEO of GECOM, ascertained the results of the March 2 elections “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 [GECOM].” With the complaint being filed, the police now would have to investigate the matter.
The PPP/C had been furious over a report Lowenfield had submitted, which the CEO said was based on valid votes cast at the March2, 2020 elections. The report had shown the APNU+AFC coalition winning the elections by 33 seats to 31 for the PPP/C and one for the joinder party.
In justifying the report Lowenfield in a statement had said that they seem to have only read the Constitution in part conveniently and failed to recognise the sections that dictate the functions of the Chief Election Officer. He said while the Commission makes certain policy decisions and provides guidance to the Chief Election Officer for implementation by the Secretariat, “I have to execute my duties as a Constitutional Officer, particularly in the conduct of Elections.” Lowenfield said the contents of the Stabroek News article suggests that the CEO must only act as the Commission instructs and flout the Constitutional requirements. “At all times, I have acted in conformity with the laws and therefore my action cannot be “seen as clear act of insubordination” as articulated in the ill-informed Stabroek News article,” the CEO stated.
The People’s Progressive Party Civic in response had chided Lowenfield for his stance that he was acting within the confines of the constitution when he presented his report of the March 2, 2020 which contains only valid votes. The party also said that Lowenfield is subject to the direction and control of the Commission at all material times and that he has failed to do so. “That the Commission enjoys an overarching power over the entire electoral process and its officers, including the Chief Election Officer, to rectify any wrong or illegality or irregularity committed is expressed in both Article 162(1) (b) of the Constitution and Section 22 of the Election Laws Amendment Act,” the PPP/C had said.
Two weeks ago President Irfaan Ali announced that an inquiry into the 2020 General and Regional Election, which was marred by allegations of fraud and thousands of irregularities will be initiated shortly.
In his inauguration as the 9th Executive President of Guyana at the National Cultural Centre, President Ali said Guyanese painfully experienced grave trauma and anguish over the last five months as a result of attempts to rig the elections held on March 2. “…A review of events – related to the electoral process over the last five months – will begin shortly in order to determine, forensically, exactly what transpired, and to hold accountable any person who sought to pervert and corrupt the system,” the President announced.
Initial declarations made by 10 Returning Officers in March showed a win for the A Partnership for National Unity + Alliance For Change (APNU+AFC), however, following a 33-day National Recount, and a series of Court battle, the PPP/C was declared winner of the General and Regional Elections by the Guyana Elections Commission (GECOM). It is alleged that the Region Four Returning Officer, Clairmont Mingo had inflated the number of votes cast in favour of APNU+AFC as the votes declared by him varied significantly from those recounted. That aside, the recount unearthed massive irregularities and well over 4,000 cases of voter impersonation. The Courts, however, have ruled that any challenge to the validity of the election results must come by way of an Elections Petition.
