Dr. Bertie Ramcharran: Public Interest Litigation

An interesting article on public interest litigation by Dr. Bertie Ramcharran, a former UN High Commissioner for Human Rights.

Here's an earlier article featured in the Stabroek News on human rights in Guyana and here's another on the case for an institution on social dialogue in Guyana.

Recent Amendment of Extradition Law

Parliament recently passed an amendment to the Fugitive Offenders Act aimed at remedying a deficiency in the Principal Act.

Vic Puran, a popular lawyer at the criminal bar is of the opinion that the amendment was unnecessary. He claims that the proper procedure would have been to amend the Treaty between Guyana and the USA.

RESOLUTION: Guyana Bar Association

GUYANA BAR ASSOCIATION

RESOLUTION OF THE GUYANA BAR ASSOCIATION
CONDEMNING THE USE OF TORTURE BY THE GUYANA POLICE FORCE
ON A CHILD ON OR BETWEEN 28-31 OCTOBER 2009

WHEREAS the Guyana Bar Association is an institution of Attorneys-at-Law committed inter alia to preserving and promoting the rule of law and to defending and protecting the human rights of citizens enshrined in the Constitution and domestic law as well as those universally recognised in international law; and

WHEREAS on an issue of national importance and human rights violation there is evidence beyond reasonable doubt that a fourteen year old child was tortured while in the custody of the police at the Leonora Police Station, West Bank Demerara on or between 28-31 October, 2009; and

CONSIDERING the inalienable rights and dignity of the human person; and

HAVING REGARD to the definition of torture as “ any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity” as contained in Article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) signed by Guyana as a State Party on 25 January 1988 and ratified on 19 May 1988; and

HAVING REGARD to article 141(1) of the Constitution, article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, all of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment; and

HAVING REGARD to the definition of a child as a human being below the age of eighteen as contained in the Convention of the Rights of the Child signed by Guyana as a State Party on 30 September 1990 and ratified on 14 January 1991;

BE IT RESOLVED BY THE MEMBERS OF THE GUYANA BAR ASSOCIATION THAT THEY:
(a) Condemn absolutely the action of the Guyana Police Force where a child was tortured while in Police Custody at the Leonora Police Station, West Bank Demerara between Wednesday, 28th October and Friday, 31st October 2009 in breach of his fundamental right enshrined under Article 141(1) of the Constitution of Guyana,

(b) Condemn unequivocally the action of the Guyana Police Force in denying to the detained child and other detained persons access to the services of an Attorney-at-Law and to hold communication with such Attorney-at-Law in violation of their fundamental right enshrined under article 139(3) of the Constitution of Guyana,

(c) Condemn in absolute terms the clear violation of the human rights of the child and other detained persons during the period of their detention by the Guyana Police Force in breach of articles 39, 40, and 154A of the Constitution of Guyana which are also universally recognised human rights protected under international law

(d) Call on His Excellency the President of Guyana, Bharat Jadgeo, to appoint a Commission of Enquiry with Terms of Reference that include:

1. A full scale independent investigation into the abuses at the Leonora Police Station West Demerara during the above mentioned period;
2. An assessment of the systemic causes of the disregard for the Rule of Law, in particular the Constitution of Guyana and the Judges Rules, which lead to abuses by the Guyana Police Force and to the extent they interact with persons in Guyana, the other disciplined services including the Guyana Prison Service and the Guyana Defence Force; and
3. Recommendations of effective mechanisms to ensure the Rule of Law is respected specifically by the Guyana Police Force, and generally by the organs of the State.
   

(e) Urge all citizens of conscience to set aside political concerns, historic grievances and ethnic differences and join in the demand for reform in the conduct of the Guyana Police Force, the Guyana Prison Service and the Guyana Defence Force towards the people of Guyana'

(f) Recommend the creation of a mechanism for immediate redress and civilian or external oversight where the right of detained persons to consult with their Attorney-at-law has been hindered.

RESOLVED THIS 4TH DAY OF NOVEMBER AT AN EXTRAORDINARY MEETING

STATEMENT: Amnesty International

Statement by Amnesty International on recent issue of torture.

Is Race A Reason For Outrage Against Torture Scandal?

In relation to this post in which I introduced the lawyers statement by stating how shocked and horrified I was, an interesting debate arose on Facebook reproduced below.

Ronald Burch-Smith: Is it shocking cause it's a young Indian? The state has sanctioned this and worse. Why is it shocking?

Julia Johnson: 101% in agreement.

Demerara Waves: While one may want to construe these latest events as shocking; the last thing that Guyanese should ever want is the further entrenchment of racially-motivated division over this matter to the detriment of the larger cause.

If we erroneously accept that race is the reason for shock; then the Indians among us must be condemnend squarely for saying nothing about the barbaric killing of the gold-jeweler's employee by Guyanese Coast Guardsmen.

In fact, this should be a turning-point in seizing the moment of broadening and strengthening the front on this issue and cease harping back on what should or should not have been. ... Read more

Guyana is undergoing a cycle of events much like the 1970s under the PNC. The outrage against the Burnham/PNC era did not start overnight but with a cumulative effect of the labour-related and political atrocities that had been committed against the Blacks in the bauxite industry and public sector and the East Indians in the sugar belt. Then came the House of Israel thuggery (Fr Bernard Darke's killing), restriction of newsprint, food-bans and restrictions, beating up of anti-government activists by official officially-blessed state actors, etc. that had welded the outrage across race and class lines, notwithstanding the pre and post independence periods of racial tension aming Blacks and Indians.

In essence, the outrage against the Burnham PNC by sections of the society did not begin overnight. People at the then time had to be motivated and educated over a period of time. The Guyanese collective across all lines had to feel the pain themselves and for each other before it became manifest that the then rulers of the day could no longer be tolerated. UNFORTUNATELY THAT CYCLE CONTINUES AND SO IS THE STRUGGLE FOR PEOPLES' POWER! One day, born out of post-colonial experiences will yield a model of governance that is truly indigenous to Guyanese.

The last thing that anyone wants in the current scheme of things is the fracturing of a potential unity-platform on the basis of "we and dem". Forward ever to racial and working class unity among all classes and strata.

The recent position taken by the group of lawyers must be used as the rocket rather than the anchor rather than a weapon against forging the so necessary unity between proletariat and petty bourgeoisie.

It is only through such unity, rather than harping on what should have been done or has not been done on the basis of race, that the apparent paralysis that has inflicted the political opposition, civil society, private sector and the religious community will be healed, galvanised and mobilized.

Gino Peter Persaud: @ Ronald...it was shocking to me because the barbaric act was perpetrated on " a fourteen year old child". Needless to say the act itself was shocking.Did you specifically see "a young Indian"? I didn't, I saw a citizen of Guyana and in fact I originally thought the person was an Amerindian, not that it mattered.

Yesterday morning I loaded the KN online and when I saw that image anger began to set it. By the time I skimmed the article Mark Waldron rang ( I must thank him) to ask me to come down to the gathering of lawyers and to include my name in the statement. Without further thought I immediately agreed because the human rights violation was so egregious. I did not see race as a factor the way others did.

The irony and outrage was even greater for me because the day before I had returned from Trinidad from a human rights meeting which further inspired me to continue the little pro bono human rights work that I do that benefits citizens of all races in Guyana.

That act, or any other similar form of torture has no place in a civilised society and whenever it occurs we as lawyers should rally the way we did yesterday. We have stayed silent for far too long.

Paul Mc Adam: I totally agree with you Gino, keep up the good work, and I'm ready to assist in anyway possible.

Imran Khan: Gents,

I wish to precede my contribution with two comments:

1. I know Gino well enough to know that it would never occur to me that Gino would think of this or any case as being shocking on the basis of race/ethnicity. In fact I had previously read his intro para on his blog and instantly recognized that his use of “shocking” was as it relates to the age of one of the victims... Read more

2. I fully support the statement by the 25 lawyers (hereinafter referred to as “The 25”) and the unprecedented level of unity and bipartisanship in issuing the statement.

The issue of the unparalleled levels of outrage now being seen has been linked to the race of the victims and questions as asked by Ronald are all over Facebook. I have been asked these questions in online conversations, Twitter and I have heard persons discussing this in conversations on the issue.

Unfortunately because of the severe impact that race and ethnicity have had in our country’s pre and post independence history the question of race/ethnicity is now more or less an obvious one.

Race/ethnicity pervades life in Guyana.

I speak from extensive personal experience. My fiancé, as you know, is of a different ethnicity to me and we have experienced it over and over to the point where we expect it to happen now and have devised ways and mechanisms to avoid and even capitalize on it. I should explain that by “capitalize on it” I mean that if we, as a couple, have to deal with a person of X or Y ethnicity on an issue, from bitter experience, we see greater benefit, whether it be in expeditious service or otherwise, that one or the other takes the forefront. We have proven it to be a rather successful formula.

Many view the prominence of race/ethnicity in Guyana as most regrettable and particularly sad. So it may be but it is also the reality with which we must contend. However I believe that with our generation and the youngsters coming up this is waning and that is a sign for the better.

On Neil Mark’s wall the race question as it pertains to this case was raised and Ajay Baksh was vehement in condemning it. I disagreed with Ajay then. I believe in this issue race is integral to this case.

There are certain facts which we cannot ignore:

1. In recent times we’ve had numerous Afro-Guyanese men of all ages (but no minors as far as I am aware) who have been tortured allegedly by the Joint Services. At least six of these cases were widely publicised particularly by Prime News, Capitol News and Kaieteur News. Paul McAdam recalled some of the names on his wall – Patrick Sumner, Victor Jones, Alvin Wilson, Michael Dunn and Sharth Robertson. I will add the case of David ‘Biscuit’ Leander whose alleged torture while in police custody created a letter writing frenzy among members of the judiciary and the wider legal profession.

2. In none of the cases mentioned in 1 above – all of which the victims were/are Afro-Guyanese –did we see the level of widespread condemnation now evident including from “The 25”.

3. There was another case of an Amerindian being allegedly tortured by the police who allegedly placed him in an ant nest in Wakenaam. Again the case was reported by KN but there was no widespread condemnation to the levels we now see.

4. We now have two Indo-Guyanese victims and there is an unprecedented level of outrage, condemnation and call to action, curiously, from all sectors of society.

The deduction has been made by many and it is a natural deduction in the society in which we live based on polarized/tribal/ethnic politics which thrives on it and which is covertly but deliberately fuelled by political elements.
In speaking to more and more folks on the issue it would appear as though the outrage felt by “The 25” and the wider society is based more on one of the victims being a minor rather than considerations of race.

There is however, to my mind, a latent racial element at play here.

Let us remember that both of these suspects were taken into custody as part of an investigation into a murder and for all intents and purposes they could be guilty though the presumption of innocence until proven guilty must apply. Similarly, so too were Leander and the others.... Read more

From my own observations it seemed as though people were not moved to condemn as widely as is the case now because Leander had already been somewhat tried and convicted in the media. He fit the description of what people seem to have come to accept criminals to be in Guyana.

This again is regrettable, offensive and sad but it is a certain reality with which we must contend. It SHOULD not be the case, but it IS THE CASE.

Many in society do not want to accept it to be the case but we cannot wish it away, ignore it, pretend it is not the case or take the high road, turn our noses and chins upwards and try to obliterate it from our minds. It simply IS however we perceive it to be.

At the risk of being thought of as arrogant, while Gino, Ronald and some of us are unquestionably above and beyond seeing issues purely or largely on the basis of race/ethnicity, that, unfortunately, in my humble estimation, is not yet true for the wider society.

Again my observations of this most recent case is as if people have already determined that these two (de Santos’ client and the 14 year old) are innocent when in fact they could very well be guilty! From the comments quoted in the press, the reports themselves, the expressed outrage here on FB and elsewhere you would think that people have already – at least in their minds – decided that de Santos’ client and the 14 year old could not have murdered the man.

To state the case as mildly as I could, this is patently disingenuous even if whatever confessions were obtained through torture can no longer be admissible in court.

I would like to conclude by stating that I know some of "The 25" and I am certain that their motivation for affixing their signature to the statement could not be race/ethnicity. And further I say that I would not be surprised if none of the "The 25" was motivated by the race/ethnicity of the victims. We live, though, in such an unfortunate society, still deeply stained and ruined by devastating choices of politicians of the past and which continue to gain prominence in the politics of many contemporary politicians at the peril of the psyche of the masses and the development of the nation.

STATEMENT: Guyana Bar Association

31 October 2009

GUYANA BAR ASSOCIATION

PRESS RELEASE

RE: DETENTION AND INJURIES TO TEEN

The gruesome picture of the injured body of a teen on the issue of the Kaieteur News of the 31st October, 2009, serves as a gruesome reminder of the abyss into which our country has sunk and continues to be pulled into by those bent on the demise of our dear land. The ensuring report, chronicles a clear disregard for the fundamental human and constitutional rights of the young man must be seriously and unequivocally condemned. No person should be subjected to any violation of human rights. In this case the teen’s right not to be subjected to cruel and inhuman treatment; not to be unjustifiably denied his liberty and the security of his person; and not to be denied denial of access to justice in the form of his Attorney-at-Law appear to all have been violated.

The Guyana Bar Association without reservation strongly condemns the actions which lead to the extended detention and injuries to the teen. The Bar Association calls for a full investigation, prosecutions and if found guilty punishment of the actors involved.

The Bar Association reaffirms our condemnation of any use of torture or other cruel, inhuman or degrading treatment or punishment upon persons within the custody or under the physical control of any organ of the state or at all.

The Bar Association urges the State and all individuals to comply fully with the provisions of the Constitution and Laws of Guyana. Let us not sit quietly by while those who have lived their lives perpetrate acts which will lead to destruction of the foundations, fabric and future of our society.

STATEMENT: RC Justice & Peace Commission

PRESS RELEASE

The Justice and Peace Commission of the Roman Catholic Diocese of Georgetown is deeply shocked and outraged at the recent disclosure of severe and barbaric cruelty meted out to citizens of our country including a child. Such savage acts undoubtedly fall squarely within the internationally recognised definition of "torture" and have no place in a modern civilised society. We unreservedly condemn these acts of torture.

The horrifying image in a daily newspaper that greeted us on Saturday morning no doubt shattered the tranquillity of our lives as Guyanese from all walks of life sought to express anger and shock through different fora and through varying media.

We recall the teaching of Jesus in Matthew 25, 40 :" Amen, I tell you, whatever you did to one of these brothers or sisters of mine, even the least of them, you did it to me". As a nation we are all deeply saddened and pained at these brutal acts reminiscent of mediaeval times. These cruel and inhumane acts of torture affect each and every individual and strike at the very heart of our nation's psyche. We are all involved.

The JPC moved by its Christian call to witness to truth, love, and justice as fundamental values that serves the common good, calls on the Guyana Police Force and the Government of Guyana to act swiftly by taking such steps as are necessary to hold those responsible for such atrocities and bring them to account. Every step must be taken to ensure such acts do not re-occur and the victims and their families should be compensated for their suffering.

There is no substitute for good policing. There is no place for torture in any civilised country with a functioning democracy. While Guyanese should support the Police in their fight against crime the Police are legally bound to act within the ambit of the law without trampling on the constitutional rights of citizens. They must live up to their motto of "service and protection" and work assiduously in regaining the confidence of the people. We are heartened by the show of solidarity, a Christian virtue, which has been displayed by so many individuals and groups, and we pray that we may work together to prevent such abominations taking place around us in the future.

The trauma and wounds of the victims of torture have lasting and sometimes permanent effects. Physical harm aside the victims remain deeply scarred emotionally and psychologically as such wounds are deeply imbedded. The JPC extends its deepest regrets, support, encouragement and prayers in these dark times to the victims and their families.

The JPC calls on civil society, the private sector, the legal fraternity, other religious denominations and all Guyanese to unequivocally condemn these dastardly acts and serious breaches of the fundamental rights and freedoms of citizens as enshrined in the Constitution of Guyana and recognised in international law.

JUSTICE AND PEACE COMMISSION

2^nd November, 2009

Human Rights Violation

The Kaieteur News today eclipsed the Stabroek News by breaking the outrageous and horrifying news of a shocking human rights violation at the hands of the Police. Reports are that a fourteen year old child in the custody of the police was severely tortured and brutalised by police officers. The striking photograph speaks volumes.

A spontaneous gathering of approximately twenty-five Attorneys-at-Law rallied together this morning at the Chambers of eminent Senior Counsel and former Attorney-General Bernard de Santos MP to register their outrage at this latest atrocity.

Below is the statement of that gathering which incidentally was not a Guyana Bar Association initiative.

Public Statement by Attorneys-at-Law

31st October 2009

"No person shall be subject to torture or to inhuman or degrading punishment or other treatment."

Article 141 of the Constitution of the Cooperative Republic of Guyana.

"Any person who is arrested or detailed shall be informed as soon as reasonably practicable .. ..of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice…"

Article 139 of the Constitution of the Cooperative Republic of Guyana

"Every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties and such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of the Government, and where applicable to them all natural and legal persons and shall be enforceable in the manner herein prescribed."

Fourth Schedule includes Convention of the Rights of the Child

Article 154 A of the Constitution of the Cooperative Republic of Guyana.

The (Guyana Police) Force shall be employed in the prevention and detection of crime, …. and the due enforcement of all laws and regulations with which it is directly charged …" Police Act Chapter 16:01 of the Laws of Guyana.

The events surrounding the arrest, detention and subsequent torture of a fourteen year old minor and at least one other suspect while in the custody of the Guyana Police Force at the Leonora Police Station are as chilling as they are abhorrent.

The subsequent refusal by the Guyana Police Force to permit another brutalized detainee access to a legal advisor of his own choice, particularly eminent Senior Counsel, for a period of four days is a flagrant violation of the guaranteed protected fundamental rights of the citizen, as set out in the Constitution of the Republic of Guyana by those whose primary duty is to uphold the rights enshrined in the Constitution.

The restriction and prevention by the Guyana Police of access by the media and other members of the public to a Magistrate's Court while victims of police brutality where present in the Court are ominous signs of a cover up and suppression of the publication of criminal activity by law enforcement officers.

We the undersigned wish to condemn in the strongest possible terms the torture of a minor and for a matter of fact any other person while in custody by members of the Guyana Police Force.

We wish to record our unreserved condemnation of the Guyana Police Force of their refusal to permit the minor access to a legal advisor of his choice after his detention by the Guyana Police Force.

The restriction of access by the media to a public court by members of the Guyana Police Force where evidence of their acts of torture and violence is unashamed attempt to suppress the dissemination of information to the public of criminal activity by members of the Guyana Police Force who are charged with the responsibility of protecting and serving the public. This enjoys our unequivocal condemnation.

We condemn crime in all forms and offer our sympathies to the victims of all crimes.

We make the following immediate demands:

1. The immediate institution of criminal charges against those responsible for the torture of the minor at the Lenora Police Station between the 27th and 30th October 2009.

2. The establishment of an independent public Commission of Inquiry into the following:

(a) Operational and structural procedures of the Guyana Police Force which led to the torture of a minor while in police custody.

(b) Operation and structural procedures which permitted these events to proceed undetected and unsanctioned.

(c) Operational and structural procedures which facilitated an Attorney at law being denied access to his client.

3. The immediate suspension of the Officer in charge of the investigation and the officer in charge of the station at which the minor was tortured during the conduct of the investigation into the events.

4. The immediate provision of immediate medical and psychological treatment to the victim of these horrific events.

1. Bernard De Santos S.C.
2. C.A. Nigel Hughes.
3. Vic Puran
4. Khemraj Ramjattan
5. Stephen Fraser.
6. Mark Waldron.
7. Glenn Hanoman.
8. Pamela De Santos.
9. Roger Yearwood.
10. Ronald Burch-Smith
11. Gregory Gaskin.
12. Anil Nandlall.
13. Gino Persaud
14. Joseph Harmon
15. Robin Hunte.
16. Kenita Cumberbatch.
17. Deborah Kumar.
18. Raphael Trotman.
19. Peter Hugh.
20. Satyesh Kissoon.
21. Rexford Jackson.
22. Moen Mc Doom. Jnr.
23. Mishka Puran.
24. Manoj Narayan.
25. Tanya Warren.

Belize Judiciary Under Attack?

Judging from this alarming article emanating from a sister Caricom country it would certainly seem that things are not so bad in Guyana as some would have us believe in the area of the functioning of the Judiciary and its relations with the Executive.

I have tremendous respect for the brilliant Chief Justice of Belize, the Honourable Abdulai Conteh who is a foreigner brought in from Sierra Leone. His written judgments are lucid, erudite and brave. He's not hesitant to chart new ground and is seen by some as a liberal judge with a tenacious appetite for research. All of his written judgements are impressive.

In fact the Court of Appeal of Belize has earned an excellent reputation for itself over the years as the Belizeans have shown that they're not afraid of bringing in foreign judges to strengthen its court. Other foreign judges include Queens Counsel Dennis Morrison of Jamaica and Elliot Mottley from Barbados who's also a Queens Counsel. Their High Court was recently boosted with Guyanese Oswald Legall, a former High Court Judge in Guyana.

Some time ago I heard talk in Guyana to bring in retired English and Australian Judges to work on the backlog of cases. I never heard anything more about that plan.

Our Judiciary in Guyana remains woefully understaffed in terms of quantity. The existing complement and current small crop of judges are inadequate to deal with the the following:

1. high rate of litigation. Guyanese are known to be very litigious. Many litigants refuse to genuinely give mediation a chance which is not compulsory. They want to have their day in court
   
2. the backlog of cases especially those filed as generally indorsed writs (ten day writ) which are languishing having been put down normal course;
3. a large criminal docket. Many persons are awaiting trial at the criminal assizes;
   
4. Bail Court
   
5. Chamber Court
   
6. Commercial Court
   
7. All of the responsibilities above are further required in Essequibo (currently one Judge there) and Berbice (currently two Judges there)
   

Too little judges to carry that workload outlined above. Isn't that quite a Herculean task?

Trinidad Judge Sends Affidavit to Police

A Trinidad Judge directs that a controversial Affidavit sworn to by coup leader Abu Bakr be sent to the Commissioner of Police and the DPP.

In the controversial Affidavit, Abu Bakr claims that he had an agreement with Manning during the 2002 elections.

I've highlighted this article because it is the first time I have come across such a situation where a Judge on his own motion sends a controversial affidavit to the police for investigation and to the DPP presumably for consideration as to whether there were offences committed against the criminal law.

First ROC Commissioner To Speak On Infamous "Kwame" Recording

Vidyaratha Kissoon, a prominent social justice advocate and a Commissioner on the Rights of the Child (ROC) Commission - a constitutional body - writes publicly on his personal thoughts surrounding the recent controversial allegations of sexual misconduct involving a minor that have ensnared the increasingly unpopular Kwame McKoy who works at the Office of the President.

He is the first ROC Commissioner to publicly express a view.

TOPICAL LEGAL ISSUES: Local Newspaper Debate

An interesting exchange recently arose in the local newspapers on the admissibility of an oral statement by a magistrate presiding over a preliminary inquiry (PI) as opposed to a summary trial proper or a High Court trial before a judge and a jury. In this case the oral statement was purportedly a confession.

My only regret is that the primary exchange is not between the creme de la creme of the criminal bar but rather between two aspirants for higher office who constantly seek attention in the media and who love to write sycophantic letters to the press.

The first letter was written by a former Chief Magistrate who has written quite a number of elementary letters to the press, one of the more memorable ones being that President Jagdeo should donate his frequent flyer miles to children who have to go abroad for medical attention. I don't know why he doesn't donate all his frequent flyer miles accumulated on his frequent Olympic Association and other official sports related travel to a similar cause. He tends to write on the mundane, the elementary and the ordinary. Some that I have seen are quite obsequious and were seen by me to be fawning to at least two magistrates and a former Chief Justice. He has considerable experience at the criminal bar at the summary level.

The second letter was written by another aspirant who Is equally obstreperous and has been seeking high political office for some time now starting with the position of Attorney General and Minister of Legal Affair. He has less experience at the criminal bar than the former Chief Magistrate.

The reason given for the first letter supporting the learned magistrate's decision was this statement issued by the PPP condemning the magistrate's ruling as an extraordinary departure from the norm. The PPP's statement said it had been advised by legal experts that “the issue of admissibility of evidence is to be determined at the trial and not at the preliminary inquiry”.

The raison d'etre for a letter in reply to Juman Yassin is self-evident. In this case Nandall's letter cannot be seen to be objective since he has to defend the PPP's statement which he himself had a major hand in. One senior lawyer said that he was thus caught in the unfortunate situation of having to defend his own statement.

Juman-Yassin then offered a reply while Stabroek News carried an independent article in which they sought and obtained the opinions of two eminent members of the criminal bar: Former Attorney General and Senior Counsel Mr. Bernard Dos Santos and Mr. Nigel Clarence Hughes.

A retired Judge joined in the fray and this was a further response.

The debate continued with this letter from Juman-Yassin

More to come later with some additional letters to the press.

Ralph Ramkarran on Term Limits

Eminent Senior Counsel and Statesman Ralph Ramkarran writing on Term Limits:

...Vishnu Bisram, the well known and reputable New York pollster, recently published a poll, reflecting what I believe to be the true state of affairs, namely, that President Jagdeo is the most popular politician in Guyana and if he runs for a third term he will win hands down. The outstanding economic and social progress in Guyana under President Jagdeo’s leadership, amidst great challenges, and a number of initiatives in the world financial architecture and climate change have ensured Jagdeo’s stature as a leading statesman. The poll confirms this.

Continue reading here

UK Attorney-General Fined

The British Attorney-General has been fined five thousand pounds sterling for employing an illegal immigrant.

Read story here.

Saturday Humour

So I was having a beer with some friends yesterday and we were discussing the garbage pile-up in the city and the discomfort it was causing us. One of the chaps remarked that in addition to the low carbon strategy there should be a low garbage strategy or better yet a NO Garbage Strategy.

Hilarious stuff!