Former Minister in APNU/AFC Government Annette Ferguson walked out of the Georgetown Magistrate’s Court as a free and relieved person after Senior Magistrate Leron Daly dismissed the Cyber-crime Charge laid against her on 21st June, 2021 in the Georgetown Magistrates Court.
The Magistrate had previously overruled No Case Submission by her Attorney-at-law Mr. Lyndon Amsterdam and had called on the former Minister to lead a Defence.
Thereafter, Submissions were made by her Attorney who contended that the Prosecution had failed to prove the case against the former Minister at the required standard of beyond reasonable doubt.
He had highlighted that the section of the Cybercrime Act under which the Police had laid the charge did not establish an Offence and therefore the Court need not consider the evidence but should dismiss the Charge.
In her ruling on the 8th February, 2024 Magistrate Daly agreed that the Section under which Ferguson was charged, did not establish an Offence and invited the Prosecutor to amend the Charge to another Section of the Act. This was done.
Magistrate Daly then analysed the evidence and found that there were five elements of the Section which had to be proven by the Prosecution. While she found that Annette Ferguson had made the Post that caused then, Colonel Omar Khan to lodge a complaint with the Police under the Cybercrime Act, nevertheless the Magistrate ruled that the Prosecution had not led any evidence that when Ferguson made the Post, she knew that it was false and therefore dismissed the Charge against Ferguson.
Had Annette Ferguson been found Guilty by the Magistrate she faced a fine of $5 million and imprisonment for three years.
Now Chief of Staff of the Guyana Defence Force, Omar Khan had filed a complaint with the Police that he had seen a Post made by Ferguson on Facebook under the heading “Exclusive: PPP secures $250 million budget to resuscitate Black Clothes Death Squad- Col Omar Khan identified to head new killing squad.”
Chief of Staff Omar Khan was able to trace the Post to the Facebook page of Annette Ferguson and therefore lodged a complaint with the Police that the Post had caused him embarrassment and humiliation.
The Police after interviewing Annette Ferguson at CID Headquarters Eve Leary charged her under the Cybercrime Act on 21st June, 2021. The Trial lasted for more than two years. During the Trial it was revealed that the Post was first made by Rickford Burke on his page Guyana News Today and this was allegedly reposted by Annette Ferguson.
