Application filed in the High Court to release SoP, SoRs in criminal proceedings against Lowenfield, others
Kaieteur News – An application has been filed in the High Court to release Statements of Voting (SoP) and Return Statements (SoRs) in respect of the March 2, 2020 Regional and General Elections.
This request relates to the private criminal charges brought against officials of the Guyana Election Commission (GECOM) over their alleged misconduct during the elections.
Chief Elections Officer (CEO), Keith Lowenfield.
Currently, the Chief Election Officer (CEO), Keith Lowenfield; the Deputy Chief Electoral Officer (DCEO), Roxane Meyers and the Returning Officer (RO) for District Four, Clairmont Mingo, are facing charges of Misconduct in Public Office in the Magistrates’ Court.
According to the document drafted by lawyers: Darshan Ramdhani, QC, Glen Hanoman and Ganesh Hira, who are among the list of prosecutors on the case, an application is now being made for a High Court order directing the Registrar to make photocopies of the SoPs presented to her by the CEO of GECOM.
The document further states that the applicants in the matter, the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC and Police Commissioner (Ag), Nigel Hoppie, seek an order directing the Registrar to certify photocopies the SoPs that she made as true copies of the original and takes other and other steps that may be lawful, necessary and appropriate to make the photocopies admissible in a court of law.
The candidates seek an order directing the Registrar to make photocopies of the SoRs submitted in her possession by the CEO of GECOM for the General and Regional Elections held March 2, 2020; and an order directing the Registrar to certify the photocopies of the SoRs, taking such other steps and steps as may be lawful, necessary and appropriate to make the photocopies admissible in court.
In addition, the candidates have asked the Court to grant any order that may be necessary to facilitate the legal obtaining of certified photocopies of the SoP and SoRs in the March 2, 2020 Regional and General elections.
As part of the application grounds, the document states that, by virtue of the Constitution, the Police Commissioner and CPD have the legal power to apply for the SoP and SoRs given their oversight role in the conduct of election and conduct all criminal prosecutions in Guyana. The court document also states that the March 2, 2020 General and Regional election tables did not go smoothly.
The grounds further outlined that as a result of the tabulation issues, private criminal charges were being initiated against officials of GECOM, the constitutional agency responsible for conducting the elections.
As a result, Guyana Police (GPF) subsequently conducted an investigation after which the DPP received a statement and documentary evidence from members of the GPF and advised allegations based thereon, against several members of GECOM including the CEO, DCEO and the Returning Officer for Class Four. According to the request, the information forms relevant evidence for the prosecution to prove the Commission of the crimes, which are being charged.
As such, the DPP had instructed the (GPF) to obtain the SoP and SoRs as part of the investigation and gather evidence for presentation in Court as these are necessary for a fair hearing the accusations.
Further, it states that, under the Representation of the People Act, the SoP is required to be delivered to the CEO at GECOM. These documents are public records and there should be no restriction on the police obtaining copies of those records.
“By law and statute, section 50 of the Criminal Law Procedure Cap Cap 10:01, the Police Commissioner and any member of the Police have the legal right to collect and retrieve all documents and property relating to the investigation and prosecute any crime, ”the application outlined.
He added: “Section 509 (1) of the Criminal Law Procedure Act Cap10: 01 provides the statutory authority for an application to be made to a Magistrate for a warrant to seize and recover anything after being shown on oath that there are reasonable grounds to believe that he will afford evidence to show that a crime has been committed. ”The application noted, however, that due to the electoral proceedings before the High Court, the SoPs and SoRs are in the possession of the Registrar of the High Court.
The information was transferred based on the order of the Chief Justice (Ag), Roxane George-Wiltshire, in an election petition case that is currently attracting the attention of the Supreme Court.
However, given that the Magistrate’s authority does not supersede the Supreme Court, the parties sought the necessary channel to apply to the High Court for release of the information contained in the SoPs and SoRs relating to elections 2020 Guyana.