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-pending decision on tribunal to probe disciplinary charges

June 22 ,2021

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This story is developing and will be updated.

The Guyana Elections Commission (GECOM) has decided to send Chief Election Officer Keith Lowenfield, Deputy Chief Election Officer Roxanne Myers and Region Four Returning Officer Clairmont Mingo on leave pending a decision on whether a tribunal will investigate disciplinary charges leveled against them.

Three senior officers have had motions for their immediate dismissal laid before the Commission by government- nominated commissioners. Following the tabling of the motions, the officers were asked to “show cause” why the motions should not be passed and they have since submitted responses.

At a meeting of the commission today that lasted just under two hours, it was decided following a submission by opposition-nominated commissioner Vincent Alexander that consideration should be taken to establish an independent tribunal.

As previously reported by Stabroek News, the motions which were tabled on June 1 accuse Lowenfield, Myers and Mingo of acting in a manner which has caused a loss of public confidence and public trust in the electoral process.

The three are currently facing criminal charges that were instituted as a result of alleged misconduct during the post-voting process after last year’s general and regional elections.

Attorney General Anil Nandlall SC, in a recent letter to this newspaper, stated “The truth is that there is sufficient evidence within the personal knowledge of the Commission, including acts of attempted fraud, dishonesty, insubordination and wilful refusal to comply with clear statutory provisions, that ought to render these persons dismissed, instantaneously with cause, over nine months ago! In this regard, the Commission itself is guilty of dereliction of its constitutional duty to the people of Guyana for not acting decisively and condignly on this matter. But that is a debate for another time and place.”

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@Django posted:

Lowenfield, Myers and Mingo sent on leave

-pending decision on tribunal to probe disciplinary charges

June 22 ,2021

Source

This story is developing and will be updated.

The Guyana Elections Commission (GECOM) has decided to send Chief Election Officer Keith Lowenfield, Deputy Chief Election Officer Roxanne Myers and Region Four Returning Officer Clairmont Mingo on leave pending a decision on whether a tribunal will investigate disciplinary charges leveled against them.

Three senior officers have had motions for their immediate dismissal laid before the Commission by government- nominated commissioners. Following the tabling of the motions, the officers were asked to “show cause” why the motions should not be passed and they have since submitted responses.

Looks like the process is moving towards the eventual removal of the three individuals.

Lowenfield, Myers and Mingo sent on leave as GECOM considers motion for their dismissal

Jun 23, 2021 News , Source - https://www.kaieteurnewsonline...for-their-dismissal/

Kaieteur News – The Guyana Elections Commission (GECOM) has unanimously decided to send on Annual Leave Chief Elections Officer (CEO), Keith Lowenfield; Deputy Chief Elections Officer (DCEO), Roxanne Myers and Region Four Returning Officer, Clairmont Mingo pending the outcome of discussions on a motion seeking their dismissal.

https://www.kaieteurnewsonline.com/images/2021/06/Mingo-2.jpghttps://www.kaieteurnewsonline.com/images/2021/06/Myers-.jpg

https://www.kaieteurnewsonline.com/images/2021/06/Lowenfield.jpeg

Region Four Returning Officer, Clairmont Mingo.

Deputy Chief Elections Officer, Roxanne Myers.

Chief Elections Officer, Keith Lowenfield.

The three officials who are currently before the court on charges related to electoral fraud, were cited for a series of grave violations connected to the March 2, 2020 General and Regional Elections and for their defiance of the instructions by the GECOM Chair, Justice (Ret’d) Claudette Singh, who instructed that the recount figures be used for the final results of the elections.

The decision to instruct the officers to proceed on annual leave followed a statutory meeting of GECOM Commissioners, which was held yesterday. According to a statement disseminated by the Commission, a decision was taken at the meeting for the three officers to proceed on leave with effect from Monday June 28, 2021.

According to GECOM, the decision was necessary to facilitate the Commission’s deliberation on the three motions tabled by the Government nominated Commissioners seeking the immediate dismissal of those persons as well as the course of action to be adopted afterwards to conclude this process.

“The CEO will proceed on 42 days Annual Leave, the DCEO will be on 120 days leave and Mr. Clairmont Mingo will be on 35 days leave. The Commission intends to conclude these discussions within the shortest possible time,” the release added.

The motions to dismiss Lowenfield, Myers and Mingo were tabled by People’s Progressive Party/Civic (PPP/C) appointed GECOM Commissioners Bibi Shadick, Sase Gunraj and Manoj Narine at a statutory meeting of the Commissioners, earlier this month.

The motion against Lowenfield outlined that he failed and/or refused and/or neglected to ensure that the process of ascertaining the total number of votes cast in favour of each list of candidates for Elections District Number Four by adding up the votes recorded in the Statements of Poll was done without “inordinate or undue delay.”

Specifically, the motion detailed among other things, what was referred to as Lowenfield’s open defiance of court orders in his “active pursuit to fraudulently declare” the APNU+AFC Coalition as winners of the March 2, 2020 Regional and General Polls.

The motion points to the CEO’s preparations of a final report pursuant to Section 99 of Representation of People’s Act containing all of the unverified votes as declared by Mingo in which he declared the APNU+AFC the winners despite the injunctions pending a decision of Chief Justice, Roxane George-Wiltshire.

In another instance, the document outlined that the CEO was found in breach by the Caribbean Court of Justice (CCJ) in relation to the recount report submitted on the 23rd June, 2020, “when he took it upon himself to invalidate such votes as he considered ought to be invalidated.”

In a second motion, the PPP/C Commissioners note, inter alia, that the DCEO acted on her own volition when she facilitated a meeting on March 5, 2020, with a candidate of the contesting party, a former Minister of Foreign Affairs, Karen Cummings, at the GECOM’s Command Centre at Ashmin’s building.

It noted too, that Myers acted on her own volition when she instructed police officers to remove Commissioner Gunraj, and others from the building on March 5, 2020. This, according to the Commissioners, caused the loss of public confidence in the electoral process.

Meanwhile, as it relates to Mingo, the motion points to his orchestration of the attempt to rig the elections in favour of APNU+AFC. Among other things, the document calling for Mingo’s dismissal notes that without any lawful authority or proper justification or excuse, the Returning Officer deliberately failed, refused and neglected to ascertain the total votes cast in favour of each list in the district by adding up the votes recorded in favour of the list in accordance with the Statements of Poll as is required by the Section and instead, he, whether by himself or those acting with his authority or under his direction, sought to use in the adding up process, figures.

Taking into account the charges the trio face, the Commissioners said that regardless of the outcome, GECOM must take all necessary steps and action and dismiss them to restore and ensure impartiality, credibility, transparency, public confidence and public trust in its institution.

GECOM trio slapped with more electoral fraud charges

https://i1.wp.com/www.inewsguyana.com/wp-content/uploads/2021/06/pjimage-2021-06-02T182758.631.jpg?resize=696%2C392&ssl=1Keith Lowenfield, Roxanne Myers and Clairmont Mingo

Chief Elections Officer (CEO) Keith Lowenfield, his deputy Roxanne Myers, and Region Four Returning Officer Clairmont Mingo were today slapped with more charges in relation to their alleged attempts to rig the March 2, 2020 General and Regional Elections.

They were each released on $100,000 bail when they appeared before Magistrate Sherdel Isaacs-Marcus at the Georgetown Magistrates’ Court. The trio was not required to plead and is expected to return to court on July 14.

The charges alleged that between March 2 and August 2, 2020, at Georgetown, they conspired with each other and with Volda Lawrence, Carol Smith-Joseph, and others to defraud the electors of Guyana by declaring a false account of votes for the March 2, 2020, General and Regional Elections.

Lowenfield is currently before the court on three counts of misconduct in public office, and three counts of forgery.

Myers is before the court on two counts of misconduct in public office while Mingo icharged with four counts of misconduct in public office.

Meanwhile, Lawrence and Opposition activist, Carol Joseph are also before the court on electoral fraud charges.

In light of these charges, Government-nominated Commissioners at the Guyana Elections Commission (GECOM) had tabled three motions calling for the dismissal of the trio.

While no decision has been made on the motions, GECOM last week unanimously decided to send on leave Lowenfield, Myers and Mingo.

GECOM Chair Justice Claudette Singh is expected to make a decision on the way forward regarding the motions.

Lowenfield, Myers Mingo charged for declaring false accounts of votes

Jun 30, 2021 News, Source - https://www.kaieteurnewsonline...se-account-of-votes/

Kaieteur News – Embattled Chief Elections Officer (CEO), Keith Lowenfield, Deputy Chief Elections Officer (DCEO), Roxanne Myers, and Region Four Returning Officer, Clairmont Mingo, were yesterday charged with conspiracy to declare false accounts of votes.

https://www.kaieteurnewsonline.com/images/2021/06/R.-Myers-1.jpg

Deputy Chief Elections Officer (DCEO), Roxanne Myers.

The three Guyana Elections Commission (GECOM) officials, were slapped with two charges, one for the March 2, 2020, Regional Elections and the latter charge for the General Elections.

They appeared in the Georgetown Magistrates’ Courts before Principal Magistrate Sherdel Isaacs-Marcus.

They were not required to plead to the charge which alleges that between March 2, 2020, and August 2, 2020, in Georgetown, they conspired with each other, together with former APNU+AFC Coalition Minister and current Chair of the People’s National Congress, Volda Lawrence; Coalition activist, Carol Smith-Joseph; Sherfern February, Enrique Livan, Denise Bobb-Cummings, Michelle Miller and others, to defraud the electors of Guyana by declaring a false account of votes for the March 2, 2020 General and Regional Elections.

Principal Magistrate Isaacs-Marcus granted the defendants bail in the total sum of $100,000, each for the two charges and the matter was adjourned to September 14, 2021.

https://www.kaieteurnewsonline.com/images/2021/06/C.-Mingo-1.jpg

Region Four Returning Officer, Clairmont Mingo.

On June 9, 2021, the matter was filed in court. However, when the matter was called in Magistrate Isaacs-Marcus’ courtroom, the officials were not in court. As a result, the matter was adjourned to yesterday’s date, where they appeared and the charge was read to them.

This publication had reported that a few days before the new charges was filed, Lowenfield, Myers and Mingo were called into the Criminal Investigations Department (CID) at Eve Leary, Kingston, Georgetown.

Crime Chief, Wendell Blanhum, had related to this newspaper that the Guyana Police Force (GPF) would be instituting two additional charges of conspiracy to defraud against the officials.

Last Wednesday, GECOM decided to send the three officials on annual leave pending the outcome of discussions on a motion seeking their dismissal.

According to reports, the decision to instruct the officers to proceed on annual leave followed a statutory meeting of GECOM Commissioners. According to a statement disseminated by the Commission, Lowenfield, Myers and Mingo, proceeded on leave with effect from last Monday.

https://www.kaieteurnewsonline.com/images/2021/06/K.-Lowenfield-1.jpg

Chief Elections Officer (CEO), Keith Lowenfield.

The officials are currently before other City Magistrates for electoral fraud. The charges stemmed from a series of alleged grave violations by the GECOM workers connected to the March 2, 2020 General and Regional Elections and for their defiance of the instructions by the GECOM Chair, Justice (Ret’d) Claudette Singh, who instructed that the recount figures be used for the final results of the elections.

Their alleged attempt to rig last year’s elections has left Lowenfield facing three counts of misconduct in public office, three counts of forgery, and the two new conspiracy charges, while Myers is facing two counts of misconduct in public office and the new conspiracy charges.

In addition to the new charges, Mingo is facing four charges alleging that he misconducted himself in public office by failing to disclose the number of votes that were counted during the elections. Apart from those charges, Mingo was charged jointly with Lawrence for forgery and he also faced another joint forgery charge with Smith-Joseph. The trio is currently out on bail.

Kaieteur News had reported that the controversial Region Four Statements of Poll (SoPs) for the March 2 elections were recently handed over to investigators at CID. The handing over of the documents followed an order by the Chief Justice (Ag), Roxane George-Wiltshire, for them to be turned over to the police by the Supreme Court’s Registrar, Sueanna Lovell.

The Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC, and the Commissioner of Police (Ag), Nigel Hoppie, had filed an application in the High Court for the SoPs and the Statement of Recounts (SoRs) to be released to investigators. They had requested the documents of the election in order to facilitate a fair hearing for the charges against the key GECOM officials.

Last edited by Demerara_Guy


Former Minister of Government and political analyst Dr Henry Jeffrey calls on the incumbent administration to do the honourable thing and face the allegations in the two election petitions filed by the APNU-AFC. Wendell Badrie has the details

https://youtu.be/-MWdPZdnr4s

Last edited by Spugum

Lowenfield seeking to prevent Gunraj, Shadick from debating motion calling for his dismissal

https://i2.wp.com/www.inewsguyana.com/wp-content/uploads/2020/07/Keith-Lowenfield6.png?w=601&ssl=1Chief Elections Officer Keith Lowenfield

Embattled Chief Elections Officer Keith Lowenfield has commenced legal proceedings seeking to prevent GECOM Commissioners Sase Gunraj and Bibi Shadick from participating in the debate of a motion calling for his dismissal.

In court documents seen by this publication, Lowenfield wants “an order restraining Commissioners Sase Gunraj and Bibi Shadick from participating as adjudicators in the hearing of the Motion for dismissal of the Applicant brought by the said Sase Ganraj and Bibi Shadick.”

He is also seeking “a declaration that the complainants, Sase Gunraj and Bibi Shadick in the Motion for Dismissal of the Applicant cannot properly participate, hear and determine their own complaint against the Applicant.”

Further, he wants “a declaration that the Respondent having determined that there shall be a hearing of the Motion for dismissal of the Applicant brought by Commissioners Gunraj and Shadick is bound to provide the applicant with a fair hearing including the protections of the rules of natural justice.”

In a social media post on this development, Gunraj expressed:

“DEM ‘FRAID A WE?

I always said “riggers beware”!!!

Keith Lowenfield has now run to Court seeking, inter alia, an order preventing Sase Gunraj and Bibi Shadick from participating in discussion of the motion tabled for his immediate dismissal.

Manoj Narayan…like you gun gotta war alone. It’s gonna be Lone Ranger v. Lone Ranger.

As the heathen proverb goes, “Quos Deus vult perdere, prius dementat” which translates to “Those whom God wishes to destroy, he first deprives of reason!”

Leh dem try deh. We gun see who got more seeds than baigan.”

https://i1.wp.com/www.inewsguyana.com/wp-content/uploads/2020/11/IMG-20201111-WA0023.jpg?w=494&ssl=1

Sase Gunraj

GECOM had unanimously unanimously decided to send on leave Lowenfield, his deputy Roxanne Myers and Returning Officer for Region Four Clairmont Mingo following the filing of the motions calling for their dismissal.

Lowenfield, Myers and Mingo are all before the courts for a number of electoral charges for their attempts to sway the results of the March 2020 General and Regional Elections in favour of the then ruling A Partnership for National Unity/Alliance For Change (APNU/AFC) Government.

The motion to dismiss Lowenfield from his substantive post as CEO was tabled by Gunraj and Shadick and listed 20 grounds on which he should be dismissed.

The Commissioners said that Lowenfield breached his functions, duties, responsibilities and obligations when he neglected to ensure due adherence and compliance with the statutory process outlined in Section 84 of the Representation of the People Act (RoPA), Chapter 1:03 by Mingo, who was under his direct supervision.

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Bibi Shadick

Mingo, according to the Commissioners, failed to follow the stipulated process of adding up the Statements of Poll (SoPs) for his District and Lowenfield aided in his noncompliance. Lowenfield is accused of also breaching his functions when he neglected to provide proper and lawful directions, instructions and guidance to the officers and employees of the Secretariat in the performance of their statutory duties during the process of the adding up of the votes recorded in the SoPs for Electoral District Four.

The motion explained that the CEO, in spite of protests from contesting parties other than the APNU/AFC, deliberately chose to neglect the complaints of discrepancies in relation to Mingo’s numbers. He failed to adhere to a court order, issued by acting Chief Justice Roxane George, to prevent him from declaring the results of the election until Section 84 of RoPA has been complied with. Rather, Lowenfield prepared a final report pursuant to Section 99 of RoPA containing all of the unverified votes as declared by Mingo, ultimately declaring the APNU/AFC as the winners of the elections.

He also sought to have the GECOM Chair convene a meeting to approve his fraudulent numbers. Again, in breach of the orders of CJ George, in the case of Holladar v Returning Officer, Clairmont Mingo; the Chief Elections Officer; and Guyana Elections Commission (2020-HC-DEM-CIV-FDA-360), Lowenfield failed to have Mingo comply with the statutory process and this resulted in contempt proceedings against both of them. Throughout the process of adding up the votes for each list from the SoPs, the CEO either condoned or encouraged the numerous breaches and violations of Section 84 of RoPA committed by Mingo, and other election officers and staff of the Secretariat or he abdicated and abandoned his functions and duties to take the necessary steps to remedy such breaches and violations.

The motion said that on June 13, in breach of Paragraph 12 of Order 60 of 2020 (the recount order), the CEO submitted a report in which he disregarded the votes cast for each of the list of candidates as established by the recount process and instead produced revised totals of votes cast after he had deducted scores of thousands of votes in favour of the PPP/C list of candidates on grounds of alleged “irregularities and anomalies”.

It reminded that on the June 22, 2020, the Court of Appeal made its orders in the case of Eslyn David v Chief Elections Officer, Civil Appeal No 41 of 2020, including an order that there be a stay of its judgement for a period of three (3) days and in breach and violation of the said order for stay of execution the CEO on June 23, 2020, submitted a second recount report to the Elections Commission. This act was the third instance where the CEO openly acted in defiance of orders made by the Court.

The Caribbean Court of Justice (CCJ) in the case of Mohamed Irfaan Ali v Eslyn Davis and others found that in the June 23, 2020 report, the CEO “took it upon himself to invalidate such votes as he considered ought to be invalidated. This second report purported to invalidate well over 100,000 votes that had been previously counted and verified as valid votes within the meaning of the RoPA”.

“It is important to note that in this second report submitted after the recount process, the CEO again purported to declare the results showing that APNU/AFC won the General and Regional Elections. The CCJ in the Eslyn David case ruled that the report of the CEO dated 23rd June, 2020, is invalid and of no effect,” Gunraj and Shadick stated in their motion.

In the case of Myers, the motion was submitted in the names of Shadick and Manoj Narayan.

They argued that she aided Lowenfield in the Commission of all his infractions and even went out of her way to facilitate a meeting in a GECOM facility by then Foreign Affairs Minister Karen Cummings where she threatened to revoke the accreditation of international observers.

Myers’ order to have the Guyana Police Force remove Commissioner Gunraj and political party representatives from the GECOM Command Centre during the tabulation of the SoPs is also listed as one of the reasons she should be dismissed from her substantive post as DCEO.

The grounds for Mingo’s dismissal surround his tabulation of the SoPs in which he clearly manufactured numbers to reflect a win by the APNU/AFC. It also concerns his conduct and defiance of the court orders mandating that he follow the outlined statutory process to acquire his final tally of the SoPs.

Motion for dismissal: Lowenfield’s attempt to block commissioners from exercising constitutional power “ludicrous”– Nandlall

https://i1.wp.com/www.inewsguyana.com/wp-content/uploads/2019/12/Anil-Nandlall.jpg?resize=696%2C583&ssl=1Attorney General Anil Nandlall

Guyana Elections Commission (GECOM) Chief Elections Officer (CEO) Keith Lowenfield’s attempts to block Commissioners Bibi Shadick and Sase Gunraj from exercising their constitutional power in the debate of a motion calling for his dismissal, have been described as ludicrous.

The Attorney General and Legal Affairs Minister, Anil Nandlall reminded that the plethora of legal cases that followed the 2018 No-Confidence Motion (NCM) established the independence of GECOM from outside interference. Moreover, he noted that it is a common practice whether at GECOM or in the National Assembly that those moving a motion are the ones who must debate it.

“To further illustrate the ludicrosity of this type of legal reasoning, I will render just one example: applying this curious logic to two No-Confidence Motions presented to the Clerk of the National Assembly against two sitting Ministers of the Government in the name of the Leader of the Opposition, neither the Leader of the Opposition nor any Member of the Opposition can speak or vote on these two motions by virtue of the principle of natural justice,” Nandlall said.

https://guyanatimesgy.com/wp-content/uploads/2021/07/Lowenfield-696x918.jpeg

GECOM CEO Keith Lowenfield

The AG noted that GECOM is insulated from “the direction or control of any other person or authority” by the Constitution. Nandlall cited Article 226 (1) of the Constitution of the Guyana, whereby GECOM is empowered to make rules and regulate the procedure of the Commission. According to the AG, it is important that logic and common sense follow the law.

The AG also noted that the Commission is empowered to regulate its own procedure. Moreover, Nandlall explained that Article 226 of the Constitution sets out GECOM’s process for determining questions and voting between the six Commissioners and the casting vote of the Chairman.

He further added that like every other Commission, “or indeed, entity, whose constituent members represent different and competing interests, decisions are made by votes. GECOM is no different… anyone, who has even a mere fleeting familiarity with how the business of an entity, whose decisions are made by votes, functions, would know that the decision-making process is initiated by the proffering of a motion.”

“This motion is normally seconded and then debated. Upon the conclusion of that debate, a vote is taken, and the decision emanating therefrom is usually expressed in a resolution,” Nandlall said.

https://guyanatimesgy.com/wp-content/uploads/2021/07/Shadick-1-696x465.jpg

GECOM Commissioner Bibi Shadick

The Attorney General also cited Article 161 of the Constitution, which empowers GECOM with responsibility for its officers in the Secretariat. Nandlall noted that Article 161 (A) (1) specifies that GECOM has disciplinary control over its staff.

“It must be elementary knowledge, even to lay men, that “disciplinary control” necessarily includes a power of dismissal. In the premises, no rational mind can therefore dispute GECOM’s legal power and authority to dismiss any member of the Secretariat staff.”

“It is common knowledge that the Chief Elections Officer (Lowenfield), the Deputy Chief Elections Officer (Roxanne Myers) and a Returning Officer (Clairmont Mingo) are all members of staff of the GECOM Secretariat,” Nandlall pointed out.

And according to the AG, GECOM has exercised its constitutional autonomy by resolving to have the GECOM’s trio’s fate at the Secretariat determined by a vote within the Commission. He noted that to then seek to block the movers of the motions from participating would be absurd and reminiscent of the 33 is not a majority of 65 faux pas.

https://i2.wp.com/guyanatimesgy.com/wp-content/uploads/2021/07/Gunraj.jpg?resize=640%2C493&ssl=1

GECOM Commissioner Sase Gunraj

In court documents seen by this publication, Lowenfield wants “an order restraining Commissioners Sase Gunraj and Bibi Shadick from participating as adjudicators in the hearing of the Motion for dismissal of the Applicant brought by the said Sase Ganraj and Bibi Shadick.”

He is also seeking “a declaration that the complainants, Sase Summaj and Bibi Shadick in the Motion for Dismissal of the Applicant cannot properly participate, hear and determine their own complaint against the Applicant.”

Further, he wants “a declaration that the Respondent having determined that there shall be a hearing of the Motion for dismissal of the Applicant brought by Commissioners Gunraj and Shadick is bound to provide the applicant with a fair hearing including the protections of the rules of natural justice.”

GECOM had unanimously decided to send Lowenfield, Myers and Mingo on leave, pending a debate on the motions brought by Gunraj, Shadick and Manoj Narayan calling for their dismissal. GECOM Chairperson, Retired Justice Claudette Singh was supposed to fix a date for this debate at the time Lowenfield decided to move to the court.

Lowenfield, Myers and Mingo are all before the courts for a number of electoral charges for their attempts to sway the results of the March 2020 General and Regional Elections in favour of the then ruling A Partnership for National Unity/Alliance For Change (APNU/AFC) Government. (Guyana Times)

August 9 ruling on Lowenfield’s attempts to block Gunraj, Shadick from discussions on his dismissal

Justice Jo Ann Barlow will rule on August 09, 2021 on a request for a Conservatory Order by the country’s embattled Chief Elections Officer (CEO) Keith Lowenfiled.

Lowenfield has filed an Application in the High Court, seeking the Order which is akin to an injunction, to prevent government-nominated Election Commissioners Sase Gunraj and Bibi Shadick from participating in discussions on his dismissal at the level of the Guyana Elections Commission.

When the matter came up in the High Court on Thursday, several timelines were set for submissions and responses with the August 09 date set for a ruling.

The Order/Injunction was not granted.

Lowenfield, in the application, has asked for a declaration that he is entitled to the protection of the rules of natural justice and the right to a fair hearing and determination for the motion of his dismissal brought by Gunraj and seconded by Shadick.

He has also sought an order restraining Gunraj and Shadick from participating as adjudicators in the hearing.

Lowenfield, in the application, seeks a declaration that the government-nominated commissioners cannot properly participate, hear and determine their own complaint against him.

The application also seeks a declaration that the respondent, which is GECOM, having determined that there shall be a hearing of the motion, is bound to provide him with a fair hearing, including the protections of the rules of natural justice.

Listing the grounds for the application, Lowenfield said, inter alia, that he was entitled to the rules of natural justice to a fair hearing, in keeping with the terms of his employment contract, including the right not to have the complainants participate as adjudicators in the hearing of their own complaints against him.

He contended that the participation of Gunraj and Shadick in the deliberations of his dismissal “infected the deliberations of the Commission with bias”.

Last month, a motion to immediately dismiss the embattled Lowenfield, was moved by Gunraj, while Shadick, moved another motion to remove his Deputy, Roxanne Myers. The third motion was moved by Commissioner, Manoj Narayan, seeking the immediate dismissal of District #4 Returning Officer, Clairmont Mingo.

The trio is accused of electoral fraud, committed last year during the March 2020 Regional and General Elections.

Lowenfield granted interim injunction against GECOM over dismissal motion

June 30 ,2021

www.stabroeknews.com

Chief Election Officer (CEO) Keith Lowenfield has been granted an interim injunction barring the Guyana Elections Commission (GECOM) from discussing a motion for his dismissal.

“Justice (Jo-Ann) Barlow granted an order this afternoon restraining GECOM from proceeding with the hearing of the notice of motion for dismissal based on the complaint by Shadick and Gunraj which is the subject of the court action until the 9th August when she delivers her ruling on the Lowenfield injunction application,” the CEO’s attorney Nigel Hughes told Stabroek News last evening.

He explained that the delay was occasioned by a request from GECOM’s attorney Kim Kyte who requested leave to file an application in response to the submission for injunctive relief.

“We have been granted two days to file a supplementary affidavit and Ms Kyte has been granted two days after receipt of that affidavit to respond,” Hughes noted.

The substantive matter is still to be heard.  Lowenfield had moved to the High Court in a bid to bar government-nominated members of  GECOM Sase Gunraj and Bibi Shadick from voting on the motion seeking to dismiss him.

Underscoring that the motion had been tabled by Gunraj and seconded by Shadick, Lowenfield contends that “the participation of the complainants Gunraj and Shadick in the hearing of their own complaint is in breach of the rules of natural justice [and] infected the deliberations of the Commission with bias.”  He argues in his Fixed Date Application (FDA) against GECOM that his contract of employment provides two bases for termination of his services–either via a three-month notice; or without notice for “gross misconduct” providing that the CEO is given written notice setting out clearly the reason for termination and being given an opportunity to respond.

Among other things, Lowenfield is seeking a declaration of what he says is his entitlement to the protection of the rules of natural justice and fair hearing and resultantly for Gunraj and Shadick to be restrained from participating as adjudicators hearing the motion.

He also wants the court to declare that GECOM—having determined the motion is to be heard—is bound to ensure he is protected by natural justice and is given a fair hearing.

@Django posted:

Lowenfield granted interim injunction against GECOM over dismissal motion

June 30 ,2021 --- www.stabroeknews.com


He explained that the delay was occasioned by a request from GECOM’s attorney Kim Kyte who requested leave to file an application in response to the submission for injunctive relief.

“We have been granted two days to file a supplementary affidavit and Ms Kyte has been granted two days after receipt of that affidavit to respond,” Hughes noted.

The substantive matter is still to be heard.  Lowenfield had moved to the High Court in a bid to bar government-nominated members of  GECOM Sase Gunraj and Bibi Shadick from voting on the motion seeking to dismiss him.

Procedural steps to have requested information.

Substantive matter will proceed when said information is submitted.

Procedural steps to have requested information.

Substantive matter will proceed when said information is submitted.

There are difference in the reporting between the two News Medias ,NewsRoom put their own twist to the proceedings to mislead the public.

GuyanaTimes ,INews ,NewsRoom and few more are not truthful in reporting.

Last edited by Django
@Django posted:

There are difference in the reporting between the two News Medias ,NewsRoom put their own twist to the proceedings to mislead the public.

GuyanaTimes ,INews ,NewsRoom and few more are not truthful in reporting.

One's perspective, Django.

However, the proceedings will be focused on the substantive and salient issues before the Court.

PPP Commissioners submit amended motion to GECOM for removal of Lowenfield, Myers, Mingo

in Courts, News, Politics Thursday, 5 August 2021, 12:03 0 Comments, Last Updated on Thursday, 5 August 2021, 12:03 by Denis Chabrol, Source - https://demerarawaves.com/2021...enfield-myers-mingo/

https://demerarawaves.com/wp-content/uploads/2020/03/mingo-lowenfield-300x169.jpg

Region/ District Four Returning Officer, Clairmont Mingo (left) and Chief Elections Officer, Keith Lowenfield at the High Court on Wednesday, March 11, 2020.

The pro-People’s Progressive Party (PPP) Election Commissioners have submitted an amended motion to  GECOM for the possible termination of the contracts of the Chief Elections Officer, his Deputy and the Region Four Returning Officer.

Elections Commissioner Bibi Shadick confirmed that the amended motion has been signed by herself and colleague Commissioner Sase Gunraj.

“GECOM has to be cleaned up and if we don’t start somewhere we will go no where,” she said, in reference to alleged statutory breaches during the March 2, 2020 general and regional elections.

This now paves the way for GECOM’s lawyer, Kim Kyte to submit that document to the High Court by Thursday, August 5 ahead of Justice Joann Barlow’s decision in a case brought by Mr. Lowenfield.

The amended motion now provides GECOM the option to terminate the contract of Chief Elections Officer, Keith Lowenfield instead of a summary dismissal that will require a fair hearing.

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Deputy Chief Elections Officer Roxanne Myers

The Chief Elections Officer has moved to the High Court to block Election Commissioners Shadick and Gunraj from participating in a debate on their motion for him to be summarily dismissed because their public statements have infected the process for boats.

Pro-A Partnership for National Unity+Alliance For Change (APNU+AFC) Election Commissioner Vincent Alexander had said on Wednesday that an amended motion had not been submitted to the seven-member Commission and so nothing could have been submitted to the Court.

But Ms. Shadick has said that at least the minutes of GECOM’s last Commission meeting had reflected the fact that the motion has been amended.

Opposition-aligned Elections Commissioner, Vincent Alexander on Wednesday said there is no amended motion for the termination of the contracts of the Chief Elections Officer, Keith Lowenfield before the seven-member election management authority.

Mr. Alexander made this know shortly after GECOM’s Attorney-at-Law Kim Kyte convinced High Court Judge, Joann Barlow to allow her to submit a copy of the amended motion by pro-People’s Progressive Party Civic (PPP) Election Commissioners Sase Gunraj and Bibi Shadick for the termination of Mr. Lowenfield’s contract.

Ms. Kyte has been given until August 5, 2021 to submit that document, ahead of a decision on August 9 at 9:30 AM.

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PPP-affiliated elections commissioners Bibi Shadick and Sase Gunraj

Justice Barlow, during Wednesday morning’s hearing. made it clear that she could only consider the facts presented to the Court.

Issues to be considered are whether Mr. Lowenfield’s application is premature and if injunctive reliefs are usually granted for contractual issues.

Ms. Kyte, in requesting permission to file a supplementary affidavit, noted that the circumstances have overtaken Mr. Lowenfield’s application on the grounds of the need for a fair hearing before possible summary dismissal but about the termination of contract.

Mr. Lowenfield, Ms. Myers and Mr. Mingo have been charged with several offences related to electoral fraud. A number of officers of the People’s National Congress Reform (PNCR) have also been charged.

The PNCR-led APN+AFC has instead accused the PPP of massive electoral fraud, but a recount of the votes cast has put a shadow on the initially declared results for Region Four.

Lowenfield withdraws court proceedings seeking to bar Gunraj, Shadick from discussions on his removal

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The Guyana Elections Commission (GECOM), Chief Elections Officer (CEO) Keith Lowenfield withdrew the application he had filed in the High Court, seeking to prevent government-nominated Election Commissioners Sase Gunraj and Bibi Shadick from participating in discussions on his dismissal.

When the matter came up in the High Court today, Lowenfield’s Attorney-at-Law Nigel Hughes said that “circumstances have overtaken the application” and as such, asked for permission to withdraw the substantive matter.

The permission to withdraw was granted by Justice Jo Ann Barlow, who is presiding over the matter.

At the last hearing, several timelines were set for submissions and responses, with today slated for a ruling.

In fact, at the last hearing, Attorney-at-Law representing GECOM, Kim Kyte, said that an updated motion was filed by Commissioners Gunraj and Shadick, which seeks to dismiss the CEO with notice, as outlined in his contract.

Lowenfield had moved to the High Court in a bid to bar the government-nominated members of GECOM from voting on the motion seeking to dismiss him.

He contended that the participation of Gunraj and Shadick in the deliberations of his dismissal “infected the deliberations of the Commission with bias.”

On June 1, 2021, a motion to immediately dismiss the embattled Chief Elections Officer was moved by Gunraj, while Shadick moved another motion to remove his Deputy Roxanne Myers.

The third motion, moved by Commissioner Manoj Narayan, seeks the immediate dismissal of District Four Returning Officer, Clairmont Mingo.
Lowenfield, Myers, and Mingo are all before the Magistrate’s Court facing charges for electoral fraud.

The trio is accused of attempts to thwart the results of the March 02, 2020, regional and general elections.

Lowenfield withdraws court case filed over motion for dismissal

Aug 10, 2021 New, Source - https://www.kaieteurnewsonline...otion-for-dismissal/

Kaieteur News – The Chief Elections Officer (CEO) of the Guyana Elections Commission (GECOM), Keith Lowenfield, yesterday withdrew the application he filed in court to stop the commission’s efforts to dismiss him over concerns that he would not be afforded a fair hearing.

CEO of GECOM, Keith Lowenfield.

The CEO’s withdrawal comes after an amended motion to terminate his contract was placed for consideration before the High Court.

The termination of the contract was proffered as part of the arguments in the case surrounding his removal from office following an amendment made to the motion for his dismissal presented by two of three of the ruling People’s Progressive Party/Civic (PPP/C) appointed GECOM Commissioners, Bibi Shadick and Sase Gunraj, earlier in June.

Last week, GECOM’s attorney, Kim Kyte, made her request for leave to file an application in response to the submission for injunctive relief by Lowenfield. The lawyer was prepared to present a case for the amended motion, which includes the termination of the CEO’s contract not just a case in regard to the motion for his dismissal, which requires a fair hearing.

Under those circumstances, it is said that the court had all the alternatives before it as it relates to Lowenfield’s termination from office and, as such, could have been able to conclude his dismissal at a more expeditious rate.

However, with the hearing of the case scheduled for yesterday, Lowenfield withdrew the matter over concerns that the court case would not have permitted for a fair hearing.

Last month, the CEO through his lawyer, Nigel Hughes, filed a motion seeking a declaration that he is entitled to the protection of the rules of natural justice and the right to a fair hearing and determination for the motion of his dismissal brought by Gunraj and seconded by Shadick.

Among other things, Lowenfield made an application for an order restraining the two named Government commissioners from participating as adjudicators in the hearing of the motion for his dismissal. He had requested a declaration that Gunraj and Shadick cannot properly participate, hear and determine their own complaint against him, in the motion for his dismissal.

The CEO was seeking a declaration that GECOM, the named respondent in the matter, having determined that there shall be a hearing of the motion for his dismissal is bound to provide him with a fair hearing.

According to the grounds for his application, Lowenfield explained that since he is entitled to the rules of natural justice, to a fair hearing in keeping with the terms of his employment contract, the two named Government (GECOM) commissioners cannot participate in the deliberations of his dismissal since their participation would “infect the deliberations of the Commission with bias.”

In this regard, the CEO had also applied and was granted an interim injunction barring GECOM from discussing a motion for his dismissal. Last week, Justice, Jo-Ann Barlow, granted the temporary order restraining GECOM from proceeding with the hearing of the notice of motion for dismissal based on the complaint by Commissioners Shadick and Gunraj, which was set for hearing yesterday.

Lowenfield along with other GECOM officials are currently before City Magistrates facing charges for electoral fraud. Those charges stemmed from a series of alleged grave violations by the GECOM workers connected to the March 2, 2020 General and Regional Elections and for their defiance of the instructions by the GECOM Chair, Justice (Ret’d) Claudette Singh, who instructed that the recount figures be used for the final results of the elections.

In June, GECOM had decided to send Lowenfield and Deputy Chief Elections Officer (DCEO), Roxanne Myers, and Region Four Returning Officer, Clairmont Mingo, on administrative leave pending deliberations over three motions presented to GECOM for their dismissal.

Firing of GECOM trio delayed again after APNU+AFC Commissioners leave meeting

The A Partnership for National Unity+Alliance For Change (APNU/AFC) nominated Commissioners on the Guyana Elections Commission (GECOM) aborted another meeting on Tuesday, further delaying the firing of the infamous GECOM trio.

In an interview with this publication, GECOM Commissioner Sase Gunraj explained that the Commission was able to debate the motion for the dismissals of Chief Elections Officer Keith Lowenfield, his Deputy Roxanne Myers and Region Four Returning Officer Clairmont Mingo.

But problems arose when it came time for an actual vote on the motion. Gunraj explained that the Opposition nominated Commissioners raised objections to how the motion was worded and eventually, Vincent Alexander and Desmond Trotman disconnected from the virtual meeting, leaving only Charles Corbin to represent the APNU+AFC side.

“We have moved the position on the motion to a simpler position, that is to say we are moving towards termination of the contract, rather than termination for cause,” Gunraj explained to this publication.

“So, the motions were debated and when came time to vote on it, the people on the other side are objecting because apparently, they don’t want us to make any reference whatsoever to the skulduggery those people carried on with for all those months after elections. They wanted to focus on form rather than substance.”

As a result of this, another meeting has been scheduled for Thursday. Gunraj was optimistic that at this meeting, some finality could be brought to the issue by GECOM Chairperson, Retired Justice Claudette Singh.

The APNU+AFC nominated GECOM Commissioners had similarly walked out of another meeting of the commission on July 20, when they had met to deliberate on the motion to dismiss the GECOM trio.

The GECOM trio was before the court for a variety of electoral fraud charges when Gunraj and fellow Government Commissioners Manoj Narayan and Bibi Shadick brought motions for their dismissal from GECOM.

The motion had said that the CEO, in spite of protests from contesting parties other than the APNU+AFC, deliberately chose to neglect the complaints of discrepancies in relation to Mingo’s numbers.

In the case of Myers, that motion was submitted in the names of Shadick and Narayan. They argued that she aided Lowenfield in the commission of all his infractions, and even went out of her way to facilitate a meeting in a GECOM facility by then Foreign Affairs Minister Karen Cummings, where she threatened to revoke the accreditation of international observers.

Myers’s purported order to have the Guyana Police Force remove Commissioner Gunraj and political party representatives from the GECOM Command Centre during the tabulation of the Statements of Poll (SoPs) is also listed as one of the reasons she should be dismissed from her substantive post as DCEO.

The grounds for Mingo’s dismissal surround his tabulation of the SoPs in which he manufactured numbers to reflect a win for the APNU+AFC. It also concerns his conduct and defiance of the court orders mandating that he follow the outlined statutory process to acquire his final tally of the SoPs.

GECOM had unanimously decided to send Lowenfield, Myers and Mingo on leave, pending a debate on the motions calling for their dismissal.

Lowenfield, Myers and Mingo are all before the courts for a number of electoral charges for their alleged attempts to sway the results of the March 2020 General and Regional Elections in favour of the then ruling APNU+AFC Government.

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