DPP nixes misconduct charges against GECOM Chair
The Director of Public Prosecutions (DPP) Shalimar Ali-Hack has discontinued criminal charges of misconduct in public office that were filed against the Chairperson of the Guyana Elections Commission (GECOM), retired judge Claudette Singh.
Ali-Hack moved to discontinue the charges, which were filed by private citizens, using the power vested in her by Article 187(1)(c) of the constitution. The law allows the DPP to discontinue any criminal proceedings instituted by anyone at any stage before judgment.
The charges, believed to have been brought by APNU+AFC coalition supporters, stemmed from Singh’s decision to proceed with a national recount of ballots cast at the March 2nd polls, the results of which had been the subject of bitter contention over the past five months.
The charges were filed just a week ago and Singh was expected to be served and appear before a city magistrate tomorrow.
It was alleged by Keith Ondaan, of Amelia’s Ward, Linden, that despite advice from the Commission’s legal officer and the Chief Parliamentary Counsel on March 16th and May 17th, respectively, that the recount was unlawful, Singh “recklessly and unlawfully” disregarded that advice and that though Singh was informed that the recount was “unconstitutional,” she “knowingly caused” the order that facilitated the recount to be gazetted.
Misconduct charges were also filed by Lorraine Joseph, of Melanie Damishana, East Coast Demerara (ECD) and Onita Walcott, of Victoria Village, also on the
East Coast. Joseph alleged that between May 29th and June 23rd, the Chairperson “acted recklessly and unlawfully” by breaching the recount order and the amended recount order. Walcott alleged that between March 14th, June 13th and June 23rd, Singh acted recklessly and unlawfully by refusing to accept the report of Chief Elections Officer Keith Lowenfield.
On Sunday, an official declaration of the results for the general and regional elections, using the results from the recount, was made. While the recount showed a victory for the PPP/C, the former governing APNU+AFC coalition alleged that it also showed numerous irregularities that compromised the vote. After failing to successfully challenge the legality of the recount in the courts, the coalition on Sunday conceded and signalled that it would file an elections petition.