The trial into the March 2020 General and Regional Elections resumed on Monday, and a decision was taken for a site visit to be done at the Ashmins Building, which is a central location referenced throughout the trial.
The visit is slated for Wednesday at 09:30 hrs.
The Ashmins Building, which served as the Guyana Elections Commission (GECOM) Command Centre during the 2020 elections, has been described as a critical location or “locus” in the legal proceedings.
The visit is intended to allow the court and legal teams (both the prosecution and defense) to gain firsthand insight into the physical space referenced throughout the trial.
The court has granted permission for the visit to be video recorded and for measurements to be taken, enhancing the documentation of the inspection.
Witnesses who have already testified in the case will accompany the court on the visit. They include Minister of Local Government and Regional Development Sonia Parag; local observer Rosalinda Rasul; former Region Four Police Commander Edgar Thomas; and Kian Jabour.
Some of the defendants in the case; namely, They are: former APNU+AFC government minister Volda Lawrence; former GECOM Chief Elections Officer Keith Lowenfield; former GECOM Returning Officer for District Four Clairmont Mingo; former GECOM Deputy Chief Election Officer Roxanne Myers; APNU+AFC’s Chief Scrutineer Carol Smith Joseph at court on Monday (Photos: News Room/ July 29, 2024)
The locus inspection, a common legal procedure in both civil and criminal trials, allows the court to observe the site of the alleged events to clarify testimony, resolve discrepancies, and better understand the dynamics of the evidence. Witnesses will also be allowed to point out areas they referred to during their testimony.
Before this decision was taken on Monday, the trial resumed with heated arguments on the admission of a further statement from a witness, Josh Kanhai, who previously provided evidence to the court.
The trial is being heard before Magistrate Faith McGusty at the Georgetown Magistrates’ Court.
Initially, the local activist Jonathan Yearwood was slated to be cross-examined by the defense attorney. But this did not happen. The prosecution sought to disclose an additional statement from Kanhai, a witness who had previously testified regarding the national recount process. They told the court that the new statement merely adds further explanation and details related to events between March 3 and March 13, 2020- the days after the March 2, 2020, Elections.
However, defense attorneys strongly objected to this move, contending that the disclosure period had long passed and accepting the new statement at this stage would unfairly prejudice the trial. They also noted the statement lacked a date.
Prosecutors later clarified that it had been submitted to the Director of Public Prosecutions (DPP) on June 17. In response, the magistrate ordered that joint submissions be made by both sides to resolve the matter.
While the defense pushed for the trial to be adjourned until the issue was settled, the magistrate ruled that the trial would proceed in the meantime, with other witnesses being called. So, Assistant Superintendent of Police Dyal (only name given) was called to testify.
In his testimony, Dyal recounted being dispatched to the GECOM Command Center, which was housed at the Ashmins Building on March 5, 2020, following reports of a bomb scare.
At the time, he was an Inspector stationed at the Criminal Investigations Department (CID) Headquarters. He was in charge of the bomb disposal unit.
Upon arrival, Dyal said he met with other ranks, including Nedd and Assistant Commissioner of Police Edgar Thomas. Thomas was the Commander of Region 4A during the 2020 elections.
Dyal told the court that Thomas stood and informed everyone in the building of the report of a bomb scare and asked that they evacuate the building. However, the people present refused to leave.
“He (Thomas) said it very clearly. He said there is a bomb in the building, please evacuate the building. He said it more than once.”
“No one left the building,” Dyal told the court.
Dyal said he waited with his team for a while, after which they left the building. But they did not depart. He said they waited again, but this time outside the building for an hour, and he was instructed to return to his office.
However, he highlighted that there were no explosions during his time at the location.
Nine individuals are currently before the court, charged with conspiring to manipulate the election results in favour of APNU+AFC, thereby seeking to deny victory to the PPP. Those charged include former government minister Volda Lawrence, former Chief Elections Officer Keith Lowenfield, former Region Four Returning Officer Clairmont Mingo, and former Deputy Chief Elections Officer Roxanne Myers, among others.
The trial continues.
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