By Radha Motielall
In a significant legal development, Chief Justice Roxane George dismissed a challenge filed by Keith Lowenfield and Roxane Myers, in which they alleged that Section 140 (2) of the Representation of the People Act breached their constitutional rights.
Lowenfield and Myers, along with others, face 28 criminal charges related to attempting to commit fraud during the 2020 General and Regional Elections, with these charges pending at the Georgetown Magistrates’ Court.
Their legal team contended in the Magistrates’ Court that Section 140 (2) of the Representation of the People Act violated their constitutional rights.
Claiming they needed access to the deliberations or communications of the Guyana Elections Commission (GECOM) for their defense preparation, Lowenfield and Myers sought an adjournment of the criminal cases to file a constitutional challenge in the High Court.
Amidst public scrutiny, the Magistrate deferred the criminal proceedings pending the High Court decision.
In the subsequent High Court proceedings, Lowenfield and Myers named the Attorney General and the Director of Public Prosecutions in the constitutional action.
After ordering written submissions from all parties, including GECOM, Chief Justice Roxane George delivered her ruling today.
The Court dismissed the case, concurring with the arguments presented by the Attorney General, the Director of Public Prosecutions, and GECOM.
It deemed Lowenfield and Myers’ claims as a “fishing expedition” that “cast their net too wide,” finding no evidence of likely infringement of their constitutional rights.
Moreover, the Court emphasized the public interest in maintaining the confidentiality of GECOM’s deliberations, asserting that this interest outweighs any constitutional rights enjoyed by Lowenfield and Myers.
Importantly, this ruling clears the path for the Magistrate to proceed with the criminal charges against Lowenfield and Myers.