CJ’s ruling on release of SOPs “sound in law” – Attorney General

Attorney General and Minister of Legal Affairs, Hon. Mohabir Anil Nandlall SC, said the order handed down by Chief Justice (ag) Roxane George for the Supreme Court Registrar to release the Statements of Poll and Statements of Recount for the March 2, 2020 General and Regional elections is “sound in law.”

Justice George ruled Thursday that the Registrar must release copies of the documents to the Commissioner of Police and the Director of Public Prosecution, to assist in the ongoing investigation into electoral fraud.

The Attorney General said the CJ’s ruling is one that is “consonant with all of the general and acceptable established principles of law”.

He noted that the SOPs are public documents which, by law, are to be posted up at each polling place following the counting of the ballots. He said this is considered ‘the first declaration’ of the elections.

The CJ’s ruling followed a move by GECOM’s Chief Election Officer, Mr. Keith Lowenfield to block the production of the SOPs and SORs in the court proceedings. The CEO had argued that he is the legal custodian of the public documents.

Mr. Lowenfield, Deputy CEO, Ms. Roxanne Myers and Region Four Returning Officer Mr. Clairmont Mingo are before the courts for misconduct in public office. Mr. Lowenfield faces three counts, Mr. Mingo four counts and Ms. Myers, two counts.

“The refusal, therefore, by the Elections Commission and in particular, the Chief Election Officer, to disclose those documents to the media, to the political parties, to the stakeholders and to the public, was perverted and wrong in principle from the inception,” the AG said.

The Attorney General said while Mr. Lowenfield is the official legal custodian of the documents, he is not the exclusive guardian.  

“Evidence that is available, that is relevant and that is probative is always admissible in a court of law, and a person who is in charge of prosecuting an offence before a court of law is entitled to possession of and use of that evidence wherever it is located in order to establish that offence.

All of those principles concatenate to justify and to render the Chief Justice ruling very sound in law. So, I am not surprised by the ruling.”

The AG said Lowenfield can appeal the CJ’s ruling in a separate legal proceeding. He said by the time the proceedings are heard, the current case would be completed. The AG said the CJ has already thrown out both election petitions filed by the APNU+AFC Coalition. The party lost the March 2, 2020 General and Regional Elections, but claimed widespread voter fraud and irregularities. A year later, the Coalition has refused to release its SOPs.