Persistent absences among defence attorneys once again stalled the progress of the high-profile elections fraud trial on Tuesday, as Chief Magistrate Faith McGusty expressed frustration over the continued disruptions that have hampered the case’s movement.
The trial, which stems from allegations of fraud linked to the disputed March 2020 General and Regional Elections, resumed at the Georgetown Magistrates’ Courts but quickly ground to a halt after several defence lawyers failed to appear.
The absences prompted the magistrate to formally record that two defendants had declined cross-examination.
When the session began at 9:30 a.m., Magistrate McGusty informed the court that she had received a letter from Attorney-at-Law Eusi Anderson, indicating that he would be out of the jurisdiction for the week.
Attorney-at-Law Nigel Hughes, who represents defendants Carol Smith-Joseph and Clairmont Mingo, appeared virtually, citing illness, and requested that another lawyer appear in person on his behalf.
The court was adjourned to 11:00 a.m. to allow time for the replacement counsel to arrive. However, when Attorney-at-Law Ronald Daniels later informed the magistrate that the substitute was unavailable, proceedings were pushed to the afternoon.
Yet even then, no one appeared on Hughes’ behalf.
Faced with continued no-shows, Magistrate McGusty allowed the prosecution to proceed with the cross-examination of two witnesses.
When asked if they wished to question the witness, Clairmont Mingo, former Region Four Returning Officer, replied “no,” while Carol Smith-Joseph, a People’s National Congress Reform (PNCR) member, said, “We don’t know. Our counsel has not directed us on that.”
The magistrate noted her growing concern about the repeated interruptions. “Counsel [Nigel Hughes] appeared on Zoom this morning and indicated to me that another counsel would be holding for him. I adjourned the case to 11 a.m., and Mr. Ronald Daniels indicated that the counsel was not available, so we adjourned to this afternoon, and she is still not available. We really can’t sit here and do nothing,” she remarked.
As a result, she recorded that both defendants had declined cross-examination, though she noted that their attorneys could later apply to recall the witnesses with sufficient justification.
The court also heard that defendant Roxanne Myers, former Deputy Chief Elections Officer, was absent due to a fall, while other defendants, including Keith Lowenfield, former Chief Elections Officer, and Volda Lawrence, former Minister of Health, were unwell.
Despite these absences, Magistrate McGusty reminded that the case could not remain idle, as the prosecution had witnesses ready to testify. The trial is expected to continue today at the Georgetown Magistrates’ Courts.
The charges stem from allegations that several senior elections officials and political figures conspired to manipulate the 2020 elections results.
The defendants — including Lowenfield, Myers, Mingo, Lawrence, Smith-Joseph, and former Guyana Elections Commission (GECOM) staffers Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller — face 19 charges.
The prosecution, led by King’s Counsel Darshan Ramdhanie, alleges that the defendants were involved in efforts to inflate votes for the A Partnership for National Unity + Alliance for Change (APNU+AFC) coalition while diminishing those of the Peoples Progressive Party/Civic (PPP/C).
All defendants have pleaded not guilty and were granted bail.
