The three employees of the Guyana Elections Commission, who exercised their right to remain silent recently before the Commission of Inquiry into the March 2020 General and Regional Elections, were ordered to pay court costs.
The women had previously filed an application to block the commission from summoning persons charged in relation to alleged fraud on election day.
The trio, Denise Babb-Cummings, Shefern February, and Michelle Miller are all currently before the Magistrate’s Court, charged for their alleged involvement in March 2020 during the General and Regional Elections to commit fraud.
As a consequence of their failed application in the High Court to sue the state, the women were ordered to pay $75,000 in court costs to the State by January 16, 2023.
According to a statement from the Attorney General’s Chambers on Thursday, the High Court was given the power to grant an injunction under Section 23 (1) of the High Court Act, Sections 16 (6) and 16 (8) of the State Liability and Proceedings Act.
The statement said that the acts expressly and specifically prohibit the High Court from granting prohibitory or mandatory injunctions against the State in the form of injunctive/coercive orders.
The state further submitted that the CoI into the 2020 General and Regional Elections is a State entity, given that it was established by the President Dr Irfaan Ali, exercising constitutionally-granted supreme executive authority, and having activated Section 2 of the Commissions of Inquiry Act, Cap 19:03, Laws of Guyana.
It stated that the COI Act provides that the President may establish a commission; appointing one or more commissioners and authorizing such commissioner or commissioners to inquire into any matter in which an inquiry would, in the opinion of the President, be for the public welfare.
Meanwhile, Attorney-at-law Eusi Anderson, who represents the trio said, “The State is criminally prosecuting Babb-Cummings, February, and Miller and the State is seeking to compel them to give evidence in a tribunal which has identical, if not greater, powers than a Magistrate.” Anderson said.
He continued, “The risk of contradictory answers, contrary findings, pollution of public opinion, varying standards of proof, the absolute right to silence in criminal proceedings and the tacit putting of their case through cross-examination in the said criminal proceedings and any adverse findings of the CoI are all red flags which the resourced and all-powerful State should not ignore.”
On December 2, the women were summoned to appear before the Commission. On that occasion, they invoked their constitutional right to remain silent.
The women had filed a $150 million lawsuit against the State, claiming that their constitutional rights were breached against self-incrimination as protected by Article 144 of the Constitution of Guyana.
