Georgetown: A summons for Chief Elections Officer Keith Lowenfield was issued by the Georgetown Magistrate Court after he failed to show up to answer three private criminal charges filed against him under the claim he provided false results of the March 2 elections to the Chair of the Guyana Elections Commission (GECOM).
Court documents stated that Lowenfield is accused of misconduct in office and breach of the public’s trust by providing results of the March 2 elections which he knows to be false.
“The Accused between 5th March, 2020 and 29th June, 2020 while performing his duty as the Chief Elections Officer of the Guyana Elections Commission, without lawful excuse or justification, willfully misconducted himself at Georgetown…a place within the Georgetown Magisterial District by ascertaining results of the 2nd March, 2020, General and Regional Elections for Guyana knowing the said results to be false, the said willfull misconduct amounting to a breach of the public’s trust in the Office of the Chief Elections Officer of the Guyana Elections Commission,” the court document stated.
During the hearing Friday morning, Desmond Morian and Dr Daniel Josh Kanhai, who brought the private criminal charges of “Misconduct in Public Office contrary to the Common Law” against the CEO, swore to the truth of the charges.
The bailiff from the court tried to serve the two initial charges on Lowenfield; these attempts were made twice at his office at the GECOM headquarters in Kingston and then at two private addresses he is connected to in South Ruimveldt, Georgetown.
Attorney-at-law Glen Hanoman said all “diligent attempts” to serve Lowenfield was unsuccessful. Hence, the court agreed to summon him.
The lawyer explained that the security officials, including the police, at the CEO’s various locations – his office and homes – were “unhelpful” in getting him served.
“So we’re going to try again using the police to serve Mr. Lowenfield and hopefully the police that is protecting him will now facilitate that process,” the lawyer said.
Hanoman noted that additional charges are likely to be made by other persons.
When the case was raised before Magistrate Faith McGusty in Court 5 of the Georgetown Magistrate’s Court Friday morning, Hanoman asked for the Police’s help in ensuring Lowenfield is served and that he appears in court at the appointed Court date of July 24.
Hanoman said he is hoping the Police will serve the summons to Lowenfield as their job is to support the court in administering justice rather than obstructing it.
Executive of The New Movement Daniel Josh Kanhai said “the magistrate has issued a summons which we expect the Police Force to comply using the Police Act and also the Magistrate Act to aid us in bringing this man to justice.”
“We will be attempting that service again and a summons will be backing us up from the court itself,” Kanhai said.
The national recount proved that Mingo inflated votes in favour of the Coalition. The APNU/AFC Coalition and even President David Granger has endorsed both these reports submitted by Lowenfield.
Lowenfield has faced harsh criticisms from organisations and civil society in Guyana and abroad for disobeying clear instructions given to him by Chairperson of the GECOM, Justice (ret’d) Claudette Singh to present a report to the Commission using the certified and valid figures from the national recount to declare the winner of the March 2 polls.
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