Lowenfield gets bail on private fraud, misconduct charges
Embattled Chief Election Officer (CEO) Keith Lowenfield was yesterday formally read private criminal charges alleging that he engaged in fraud and misconduct in his handling of the results of the March 2nd elections and he was granted his release on a total of $450,000 bail.
Despite COVID-19 measures prohibiting public gatherings, a small crowd assembled outside the precincts of the city magistrates’ courts as Lowenfield appeared before Principal Magistrate Faith McGusty and was formerly charged with fraud, misconduct in public office, and conspiracy to commit a felony.
According to the fraud charge, in which The New Movement candidate Daniel Kanhai is listed as the complainant, between March 5th and June 23rd, 2020, Lowenfield conspired with a person or persons unknown to commit the common law offence of fraud by representing to the Guyana Elections Commission (GECOM) that tables attached to his June 23rd elections report accurately reflected the true results of the elections in order to materially alter the results, with intent to defraud as he knew the tabulation to be false.
The second charge, for which People’s Progressive Party/Civic (PPP/C) candidate Desmond Morian is the complainant, states while performing his duty as CEO, without lawful excuse or justification, Lowenfield willfully misconducted himself by ascertaining results of the elections “knowing the said results to be false.”
The third charge, also brought by Morian, alleges that Lowenfield conspired with a person or persons unknown to commit fraud by representing to GECOM that the tables in his March 14th Elections Report reflected the true results of the elections, knowing that the tabulation was false, in order to materially alter the results of the elections.
Prosecutor Glenn Hanoman told the court that while there was no objection to Lowenfield being granted bail, it should be set a substantial amount since he was seen as a flight risk due to the serious nature of the charges. He also raised concerns about Lowenfield being in a position to destroy documents which will serve as evidence in the matter.
Hanoman subsequently asked to have a month’s time to acquire some 800 witness statements.
Lowenfield’s attorneys, Nigel Hughes and Neil Boston, made a bail application. Hughes sought to have self-bail as he challenged the notion that his client could be seemed a flight risk. He also said that Hanoman needing time to gather witnesses suggested that he had no clear evidence against his client.
The magistrate subsequently granted Lowenfield $150,000 bail on each charge and adjourned the matters until August 14th for report.
Outside the gates of the compound, persons who turned out in solidarity with the CEO made it clear that they were unhappy with the charges being brought against him.
Chants of “Free Lowenfield” could be heard as the supporters displayed their disapproval for the hearing yesterday. There were also outbursts when Hanoman and Kanhai were leaving the court.
As Hanoman and Kanhai made their way to their vehicle and drove off from the court, Lowenfield’s supporters ran after the vehicle. They had crowded together in its path at one point in time. They praised Lowenfield and listened attentively when his attorneys addressed the media moments after the prosecutor left.
Although the results of a national recount, which have
been certified by GECOM’s Secretariat, show 460,295 votes cast on March 2, with the PPP/C’s list of candidates attaining 233,336 votes compared to the 217,920 garnered by the incumbent APNU+AFC coalition, Lowenfield on June 23rd submitted a report which discarded over 115,000 votes. His report showed a total of 344,508 “valid and credible” votes, with APNU+AFC gaining the majority.
Following a request that he utilise the figures from the national recount, Lowenfield has since tried to offer a report based on the declarations made up to March 13, which utilises the discredited tabulation of Region Four Returning Officer Clairmont Mingo.