Poll observer Rosalinda Rasul yesterday continued her testimony in the elections fraud trial and provided further testimony about incorrect numbers being called for APNU+AFC when a spreadsheet was used.
Rasul concluded her testimony yesterday, amid clashes between the defence and the prosecution, and the case has been adjourned to March 17.
While on the stand on day two of the trial before Magistrate Faith McGusty, Rasul continued her testimony about what occurred during the March 2020 general elections tabulation proceedings.
Rasul testified that on March 13, 2020, she went to the Guyana Elections Commission (GECOM) office at the Ashmin’s building, where Region Four Returning Officer, Clairmont Mingo, was conducting the tabulation process. She stated that he then said they would be beginning from Box #4001. This caused an uproar among party agents. Sasenarine Singh, who was a representative for the PPP/C, and Lenox Shuman, who was representing another party, had asked for the paper that elections officer Denise Bobb-Cummings was reading from to see the totals. However, this request was ignored, and Bobb-Cummings proceeded to read the totals at a fast rate.
This sparked an objection by defence attorney, Eusi Anderson, who stated that he had no information regarding this in his disclosure. He stated that had he known, he would have briefed his client appropriately. He questioned the memory of Rasul, stating that she may be making it up as she went along. He then questioned the legal principle res gestae (things transacted) and what it allows. However, prosecutor, Anguillan King’s Counsel, Thomas Astaphan, came to the defence of Rasul. He complained that Anderson was continuing to accuse the witness and that this was unacceptable. He reminded that the witness is allowed to expand on her evidence while on the stand and that the defence will have their opportunity during the cross-examination period to question Rasul’s evidence.
After the exchange, the magistrate allowed Rasul to continue with her testimony. Rasul, who was being questioned by state prosecutor, Latchmi Rahamat, continued by stating that after Shuman and Singh requested that Bobb-Cummings slow down, and it was blatantly ignored, Singh proceeded to take out his Statements of Poll (SOPs) to follow the procedure.
She stated that while they were calling for Box #4076, the numbers being called for the APNU+AFC coalition were vastly different from what was reflected on the SOPs that Singh had, and that he protested, saying, “The number for APNU was 50, and Denise called 80.”
When they moved on to Box #4077, she testified that a similar move was made and that protests over the incorrect figures continued. “It was repeated that the number for APNU was higher than what was reflected in the SOPs.”
The witness testified that at this point, [APNU+AFC member] Carol Smith-Joseph made an objection on the grounds that party agents were making too much noise. That was when the observer for the Private Sector Commission, Kit Nascimento, inquired who Smith-Joseph was, leading to an argument between them.
She then stated that she observed a court marshal enter the premises and have a conversation with Mingo. She admitted that she did not know the context of the conversation, but Mingo would soon announce that he had received a court summons and that Bobb-Cummings would take over the procedures until he returned.
Anderson again objected on the grounds of insufficient foundation and questioned how Rasul would have known the context of the conversation that Mingo had with the marshal. Rasul explained that Mingo had loudly let everyone in the building know what he was going to do.
Continuing her testimony, she stated that Bobb-Cummings continued to call out the numbers, leading to Singh declaring it was fraudulent. Prosecutor Latchmi Rahamat asked if any other GECOM staff was present.
Rasul responded that there were two other GECOM staff members at the tabulation table, but she was unaware of their names. She also testified that defendant Roxanne Myers was in the room when Mingo gave instructions before leaving for the courts.
This prompted an objection from defence attorney Kiswana Jefford, who asked that Rahamat not lead the witness during the proceedings. Rahamat, in her rebuttal, stated, “Unless the rules of leading the witness have changed, the witness has placed the defendant in the room where the incident took place.”
Rasul then proceeded to give evidence involving the observer for the Bar Association, Pauline Chase. However, it was quickly disregarded since the magistrate indicated that she was informed that Chase would not be testifying during the case.
The change in tabulation and Chief Justice’s ruling
Rasul testified that when Mingo returned to the Ashmin’s building, he informed all party agents, observers, and GECOM officials that the proceedings had to be suspended since Acting Chief Justice Roxane George had ruled that the SOPs be used instead of a spreadsheet for the tabulation process. Later that same day at 4 pm, she was escorted to the GECOM headquarters, where the tabulation process was going to start. She mentioned that it was also part of the Chief Justice’s ruling that the SOPs be displayed during the process via projector.
She noted that while at the new location, the projector and the person controlling it had some issues, as the image was not bright and was not displayed fully or clearly.
During this process, PPP/C agent Singh requested that the previous totals called at the Ashmin’s building be given to him. This request was ignored, with Mingo telling Singh that he was “not answering any questions.” This led to another argument between party agents and Mingo.
Anderson again objected, citing that the evidence being given by Rasul was prejudicial.
The magistrate then indicated that the witness would have to state what she observed. This question was followed through by the prosecution, and Rasul stated that the tabulation process had resumed, with Bobb-Cummings and Sheffern February taking turns calling numbers. However, due to the improper placement of the projected image on the cloth provided, there were visual difficulties. She also observed some of the SOPs were scratched and had alterations made, with different figures placed above the scratched-out figures.
She recalled Singh loudly declaring, “This is fraud.” Rasul said she was later replaced by another AMCHAM observer.
Nigel Hughes’ cross-examination
Defence attorney Nigel Hughes then cross-examined Rasul, asking a series of questions. During the cross, he put it to Rasul that she was not fully aware of the conduct for local observers. He asked if she had any familiarity with the terms of reference for observers. Rasul responded that it was explained to her by AMCHAM personnel but not by any GECOM personnel.
He then put to her that a report was supposed to be submitted to AMCHAM within six months. She stated she had submitted a report on actions she thought were criminal.
He further questioned her familiarity with the procedures and scope of responsibility for various election officials. She explained her scope of knowledge regarding the returning officer’s duties.
Hughes then questioned her about her statement and asked if she had indicated to the prosecution her intent to expand her testimony on the stand. Rasul said that she read her statement over 15 times and had explained to prosecutors, Darshan Ramdhani KC, and Rahamat her intent to do so.
He then asked whether she had indicated she had left out parts of her statement, to which she said yes but maintained that the prosecution was aware she would expand on it while on the stand.
Before closing, Hughes told Rasul that no report was provided by AMCHAM. Rasul was surprised to learn this and stated that a report submission was normal procedure.
The trial continues on March 17.
This is the second trial of the defendants as the first had to be ended after the trial magistrate fell ill and a decision was taken to start afresh before a new magistrate.
The charges stem from alleged irregularities during the 2020 elections and were brought against former Chief Election Officer, Keith Lowenfield; former Deputy Chief Election Officer, Roxanne Myers; Region Four Returning Officer, Clairmont Mingo; Opposition Member of Parliament, Volda Lawrence, People’s National Congress Reform (PNCR) member, Carol Smith-Joseph; and Elections Officers, Sheffern February, Enrique Livan, Denise Bobb-Cummings, and Michelle Miller.
