Chief Justice Roxane George SC dismissed a challenge filed by Keith Lowenfield and Roxane Myers, alleging that Section 140 (2) of the Representation of the People Act breached their constitutional rights under Articles 144 and 149 (D). This challenge pertained to their right to a fair trial and equality before the law in the context of criminal proceedings against them in the Magistrates’ Court.
Lowenfield and Myers, alongside others, face 28 charges of attempting to commit fraud during the 2020 General and Regional Elections. These charges are currently pending in the Georgetown Magistrates’ Court.
The defense argued that Section 140 (2) of the Act, which states that “no evidence of any deliberations of the Elections Commission or communications between members of the Commission regarding its business shall be admissible in any court,” hindered their ability to prepare a defense by denying them access to GECOM’s deliberations and communications. As a result, they sought an adjournment of the criminal cases while filing the constitutional challenge in the High Court. The Magistrate adjourned the proceedings, awaiting the High Court’s decision amid public criticism.
In the High Court, Lowenfield and Myers named the Attorney General (AG) and the Director of Public Prosecutions (DPP) in their action. On April 23rd, the Chief Justice ordered written submissions from all parties, including GECOM, and scheduled the ruling for May 24th, 2024.
The Chief Justice, in her ruling, concurred with the submissions from the AG, DPP, and GECOM, stating that Lowenfield and Myers were on a “fishing expedition” and had “cast their net too wide.” The Court found no evidence suggesting that their constitutional rights were likely to be infringed and ruled that the public interest in maintaining the confidentiality of GECOM’s deliberations outweighed the applicants’ constitutional rights. Consequently, the Court found no grounds to establish that Section 140 (2) of the Act breached any constitutional provisions.
This ruling allows the Magistrate to proceed with the criminal charges. The Attorney General appeared in person with Shoshanna Lall, Assistant Solicitor General; Loretta Noel, Senior Legal Adviser; and Pierre Squires, State Counsel. Nigel Hughes and Iyanna Butts represented the applicants, while Darshan Ramdhani KC represented the DPP, and Kurt DaSilva represented GECOM.
