City Magistrate Leron Daly has made a significant decision in the Elections Fraud Case, referring it to the High Court where crucial constitutional arguments will be addressed.
The case resumed before Magistrate Daly in the Magistrate’s Court on Monday but was adjourned to Wednesday upon a request from defense attorney Nigel Hughes.
Hughes requested copies of minutes from GECOM meetings during the elections period, citing Article 142’s prohibition on using GECOM discussions as evidence in trial.
He argued that this impedes the defense’s ability to confront accusers effectively, conflicting with Article 144 of the Constitution which guarantees fair trial rights.
Hughes emphasized the importance of being able to confront accusers and challenged the constitutionality of Article 142.
Recognizing the complexity of the constitutional issues raised, Magistrate Daly referred the matter to the High Court for further deliberation.
The defense and prosecution will have the opportunity to make submissions before the High Court, addressing the constitutional points raised during the proceedings.
The case is set to be called again for report on April 2.
Meanwhile, the defense awaits a verdict from the Appeal Court regarding the jurisdiction of the Magistrate’s Court in former Deputy Chief Elections Officer Roxanne Myers’ matters.
Myers, along with several others, faces charges ranging from fraud to misconduct in public office and forgery, related to alleged electoral fraud in the March 2, 2020 General and Regional Elections.
This development underscores the complexity and significance of the legal proceedings surrounding the allegations of electoral fraud, highlighting the importance of upholding constitutional principles in the pursuit of justice.