2020 Elections Inquiry findings will consider only “credible evidence”- COI Chairman

Last Updated on Thursday, 3 November 2022, 21:41 by Denis Chabrol

Chairman of the Commission of Inquiry Justice Stanley John (centre) flanked by Former Attorney General, High Court Judge and Acting Justice of Appeal in the Eastern Caribbean, Godfrey P. Smith and Retired Chancellor of the Judiciary of Guyana, Justice Carl Singh.

Retired Justice of  Appeal Stanley John, the Chairman of the three-man Commission of Inquiry (COI) into the circumstances surrounding the highly controversial March 2020 general and regional elections on Wednesday said only “credible” evidence would be considered in determining the findings of the probe that is expected to wrap up early next year.

“In making our findings, we will have regard only to such matters as are substantiated by credible evidence with unstinting regard for the rules of natural justice, fundamental fairness, especially as it relates to public inquiries and the rule of law,” Mr John, a retired Trinidadian Judge said at the formal opening of the probe.

He said public hearings are scheduled to be completed by the end of January, 2023 and the report would be submitted to President Irfaan Ali by the end of March.

The opposition A Partnership for National Unity+Alliance For Change (APNU+AFC) has criticised the COI saying that only an election petition can investigate the outcome of an election. The Caribbean Court of Justice (CCJ) has thrown out an opposition election petition because court papers were not served within the strictly stipulated time to APNU+AFC Representative of the List of Candidates, David Granger.

In the past, the People’s National Congress Reform (PNCR), the largest party in the coalition, had heaped scorn on the Walter Rodney Commission of Inquiry but had eventually fielded Counsel to examine witnesses and represent its interests.

Acknowledging that the COI is a “serious and heavy responsibility cast upon our shoulders,” Justice John said he, former Attorney General, High Court Judge and Acting Justice of Appeal in the Eastern Caribbean, Godfrey P. Smith and former Chancellor of Guyana’s Judiciary Carl Singh  promised to discharge their duties carefully with professionalism, efficiency, thoroughness, fairness, objectivity and impartiality.

The opposition had urged the People’s Progressive Party Civic (PPPC) administration to jointly agree to the COI’s Terms of Reference so that the process and the outcome would have been broadly accepted by all Guyanese.

The Commissioners stressed that in an inquiry of that nature, there is no claimant and defendant, prosecutor or accused; pleadings, charges or indictments. “This is an inquiry to find out what in fact occurred and why it occurred and who if anyone is responsible and what can be done to prevent a recurrence,” he said.

Justice John promised that the COI report  would be prepared scrupulously fair both in terms of an accurate recording of the events tyey would  be investigating and in criticism the Commissioner might make of persons involved in those events.

The then Chief Election Officer Keith Lowenfield, his Deputy Roxane Myers, Region/ District Four Returning Officer Clairmont Mingo, PNCR executive member Volda Lawrence, PNCR member Carol Smith-Joseph and a number of Guyana Election Commission (GECOM) officials have been accused of several offences. None has so far been convicted.

“We are aware that much has been said about these events by many people from diverse places and organizations but it must be borne in mind that this inquiry has no case to prove. It is interested in the truth and in fair conclusions based on the evidence properly analyzed,” the COI Chairman added.

The COI Chairman noted that the tabulation and declaration of the results of the elections were mired in unprecedented “intense controversy” and consequently a five-month delay in the declaration of results. Against the backdrop of criticism and condemnation by observer missions, diplomats, the United Nations, the Organisation of American States, European Union, Caribbean Community, he said such an inquiry was necessary. “From any perspective and by any standard, such an unprecedented state of affairs is serious enough to justify an objective and impartial inquiry into how and why it happened and what can be done to prevent or reduce the chance of any recurrence of those events,” he said.

The COI is mandated to inquire into and report upon the relevant circumstances and events leading up to and the procedures following the regional general elections held in Guyana on 2nd March 2020; the counting, ascertaining and tabulation of votes polled, and the public declaration of those results by the returning Officer of electoral district number four, and any other election officers as prescribed by sections 84 to 89 of the Representation of the People Act; what attempts if any, were made to obstruct frustrate, subvert and prevent the country ascertainment and tabulation of votes polled and the declaration of the true results of electoral district number four, what attempts if any, are made to obstruct, frustrate, subvert and prevent the decision of the Guyana elections Commission meet on the 14th of March 2020 to conduct a national recount of the votes polled at the general and regional elections held in Guyana on the second of March 2020 from being executed and implemented and if so, by whom, and the conduct of the chief election officer or the election officers and others in respect of the discharge and execution of the statutory duties of the chief election officer prescribed by section 96 and 97 of the Representation of the People Act.

Further, the COI is tasked to make such recommendations as  they deem fit, and necessary to permit the Guyana Elections Commission to discharge its statutory functions, as prescribed by the Representation of People Act in a manner which is impartial, fair, and compliant with the Constitution and relevant legislation and to make any other recommendations, which we deem appropriate, having regard to the law and to any evidence which may be present presented.