It is about time that this is addressed. Crooked lawyers, magistrates, judges appear the rule more than the exception.

It is time they sanction those bastards who never turn up in court despite being on a retainer; judges who only seem to put off cases and never write up their rulings etc. These bastards have been on a free ride for too long and they are contributing to the rampant criminality of our nation.

Some of the court's rulings are unfathomable. They send people away for for a long time for a few grams of Mary Jane and lets crooks walk with kilos of the white stuff. It is a shame the President does not have the balls to stand up and ask these creeps to do their jobs. Ultimately, it rests on his head.

Bar group alarmed at Jagdeo, Rohee attack on judiciary

Published May 30, 2008
Bharrat Jagdeo

The Guyana Bar Association (GBA) has expressed alarm at recent statements made by President Bharrat Jagdeo and Home Affairs Minister Clement Rohee about the judiciary, some of which it said could be interpreted as threatening.
In a press release issued yesterday, the GBA referred to Jagdeo’s comment that “We have witnessed some element of judicial lawmaking and I hope that you will look into that to see that the judges and the magistrates abide with the laws of the country and the will of the legislature because we need a fair judiciary that is bound by the laws of the country, so we need to work on that.”

This was published in the April 29 edition of the Stabroek News, after the President said it while addressing the police officers conference at Eve Leary on April 24.

The GBA said the exhortation to look into and see that “the judges and the magistrates abide with the laws of the country” could be interpreted as a threat aimed at the judicial officers of this country, a notion that was improper and violated the Constitution.
“When the statement is further embellished with the words that ‘we need a fair judiciary that is bound by the laws of the country’ this suggests that the judiciary is not fair and is not bounded by the laws,” the GBA said.
With regard to Rohee, the GBA noted his statement in an article published in the Kaieteur News of May 22, in which he said he considered Chief Justice (ag) Ian Chang’s decision to grant bail to a murder accused to be a challenge to the government by the judiciary.
According to the press release, the minister’s further assertion that, “We now have bail applications being granted to murder accused.

The judiciary has now become totally unpredictable and case law is now thrown out the window”, was unfortunate, unjustified and implied that the minister was more au fait with case law than the courts or indeed the legal profession.

“Such an assertion and attack on the judges and the legal profession is unacceptable and the GBA is of the considered view that the judges and the legal profession should not be made scapegoats for the failure of the law enforcement agencies to do their job of intelligently investigating and prosecuting crimes,” the press release said.

The Office of the President had immediately distanced itself from Rohee’s statements. However, the GBA noted that the President had previously made critical statements himself, which in the light of what Rohee had said, raised serious implications regarding policy.
The GBA noted that the primary law of the country was the Constitution before which all other laws must be subordinate. It quoted Article 144 (2) (a) of the Constitution which says that a person is presumed innocent until he is proved guilty by a court of law or has pleaded guilty. “This means that neither the legislature nor the executive can direct the courts how to find a person on the trial of a matter, and therefore neither the legislature nor the executive should presume to tell the courts how they must determine matters. The freedom of an individual is still sacrosanct in our country, and the only guarantee of that freedom is the operation of independent Courts of Law staffed by independent judicial officers,” the GBA said.

It added that there had been many learned papers written about the object and application of bail, and all of them have in common that bail was not to be used as a punishment of an accused person before the court has found that person guilty. “In fact, the urging of members of the executive to deny bail when our Constitution provides that a person shall not be deprived of his personal liberty except in certain conditions (Article 139) is a form of intimidation that sets a dangerous precedent and should not be lightly trifled with.”

The GBA noted that bail was a judicial discretion that must be weighed by the judicial officer in accordance with the facts and circumstances of every case and administered according to principle and precedent. It is unreasonable to expect that the decision of the magistrate or judge will find universal approbation, but it must find universal respect as an inherently judicial process, the press release said.

The GBA said that as Guyanese we all need to understand and at the very least realize that the judicial system was staffed by human beings with flaws, but who must be presumed to be acting with professional integrity. To threaten the judiciary, it said, “is to shake the very foundations of our society and wake the beast of anarchy.

These statements can be interpreted as an attempt to intimidate persons who hold judicial office and make them fearful of deciding matters in a manner that the executive does not approve.”

The GBA urged that there be a more sober and tempered approach, which would avoid the recent utterances. What was needed instead, it said, was a commitment to revamp law enforcement systemically whilst working with the judiciary to achieve a common understanding for the good of the country and all of its citizens as a whole.

Eight years

Chief Justice Chang had granted bail to a Mahaica, East Coast Demerara man who had been in court for eight years waiting trial for two counts of murder. The motion to release the man, Hemchand Persaud, was filed by attorney-at-law, Sandil Kissoon.

Persaud and Rohan Singh had been charged with the April 2000 murder of James Sancharran and six-year-old Afraz Khan.

In his ruling, Justice Chang had noted that the delay in the man’s case was an error on the prosecution’s part and Persaud should not have been made to suffer for it. He pointed out that Article 139 of the Constitution provides for bail and extends such pre-trial liberties even to persons facing murder charges.

And following Rohee’s outburst, Justice Chang had responded that it ought to be viewed as a public reassurance that the judiciary was not the subservient mistress of the executive.
The next day, OP fired its salvo that, “Notwithstanding the minister’s concerns that are a reflection of social sentiment, the Office of the President wishes to advise that the executive is unprepared to accept any contention that such a ruling actually constitutes a challenge.”

Furthermore, the OP statement said, Cabinet at its meeting on May 13 discussed the issue of granting bail. It said Attorney General

Doodnauth Singh was urged to continue evaluation of the implications of bail being granted for serious and frequently occurring crimes, bearing in mind that doing so could affect the stability of society by allowing for repeated offences by persons on bail or their escape from jurisdiction of the court.

According to Justice Chang, Article 153 provided him with the discretion to safeguard the fundamental rights of an accused and as such, he was granting the man bail.

However, Rohee told reporters on Wednesday that, on the one hand, while the executive authority was insisting on draconian penalties to support other measures in the context of a holistic approach to enhance public safety and security, the judiciary seemed unconvinced and was increasingly becoming more favourably disposed to upholding the fundamental rights of accused persons.

“But what about the fundamental rights of those who suffered and are traumatised for life?” Rohee had queried.

He had asked rhetorically whether he was to understand that if the gang members who committed the atrocities at Lusignan and Bartica were to be found, arrested, charged and taken before the courts, the magistrate or judge, under Articles 153 and 139 of the Constitution, would grant them bail to safeguard their constitutional rights.

Rohee had said that the interests of the public should also be taken into account in the dispensation of justice, adding that his understanding as a layperson was that the police considered the public interest when they arrested a person for a serious criminal offence.

Similarly, he said, the court was expected to do the same when considering bail applications. The minister had argued that the executive, for its part, considered the public interest when determining policy and legislation for passage in the Parliament.

“In other words, all should take public interest into account, particularly when it has to do with loss of property, life and limb as a result of the perpetration of a serious crime,” Rohee declared.

Justice Chang, in his statement, said that in a democratic state, the executive and the judiciary could not live cozily together as this was democratically unhealthy.

He added that some tension between the judiciary and executive was inevitable and must be accepted as normal, noting that it was meant to be so in the political structure of the state in which the doctrine of the separation of power inhered. “Such tension,” Justice Chang said, was a good sign of a democratically healthy state.
“It is the judiciary and not the executive which is the guardian of the Constitution,” Justice Chang declared.

It is a pity that some lawyers who were known as being crookish have become magistrates and Judges. It is very difficult to change one's culture even though one has achieved his lifelong ambition after climbing up the judical ladder. A leopard cannot change it's spot and I think that the President was right in criticizing those who have wavered from their judicial duties..

The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

quote:

Originally posted by Chief:
The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

So tell why in the past you have been criticizing Jagdeo when when he tries to set the record straight.. ??

quote:

“It is the judiciary and not the executive which is the guardian of the Constitution,” Justice Chang declared.

Ian is a good fella. We grew up together and I'm happy to see his accomplishment since he decided to stay in Guyana.

quote:

Originally posted by Chief:
The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

Is this something that has been happening from:

1. Pre-1953

2. 1957

3. 1964

4. 1992

quote:

Originally posted by Ramakant_p:

quote:

Originally posted by Chief:
The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

So tell why in the past you have been criticizing Jagdeo when when he tries to set the record straight.. ??

He is the captain of the ship and the ship is sinking. Jagdeo earned himself a minus F FOR PROTECTING THE CITEZENS OF gUYANA. uNDER HIS LEADERSHIP WE HAVE WITNESSED drug lords tasking over the countey, under his leadership we have seen violent murders as never before.
I cna go on and on!!

quote:

Originally posted by Demerara_Guy:

quote:

Originally posted by Chief:
The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

Is this something that has been happening from:

1. Pre-1953

2. 1957

3. 1964

4. 1992

It's been happening since in the late 80's however since the mid 90's it ballooned out of control.

quote:

Originally posted by Terry Ishmael:

quote:

“It is the judiciary and not the executive which is the guardian of the Constitution,” Justice Chang declared.

Ian is a good fella. We grew up together and I'm happy to see his accomplishment since he decided to stay in Guyana.

He is very good, good at taking bribes.

quote:

Originally posted by Chief:

quote:

Originally posted by Ramakant_p:

quote:

Originally posted by Chief:
The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

So tell why in the past you have been criticizing Jagdeo when when he tries to set the record straight.. ??

He is the captain of the ship and the ship is sinking. Jagdeo earned himself a minus F FOR PROTECTING THE CITEZENS OF gUYANA. uNDER HIS LEADERSHIP WE HAVE WITNESSED drug lords tasking over the countey, under his leadership we have seen violent murders as never before.
I cna go on and on!!

I am pretty sure you can, but you didn't answer my question..

When he does something good, you claimed it's too little too late.. it is obvious that you don't want him to do any good..

quote:

In his ruling, Justice Chang had noted that the delay in the man’s case was an error on the prosecution’s part and Persaud should not have been made to suffer for it. He pointed out that Article 139 of the Constitution provides for bail and extends such pre-trial liberties even to persons facing murder charges.

..................

According to Justice Chang, Article 153 provided him with the discretion to safeguard the fundamental rights of an accused and as such, he was granting the man bail.

From the current description, it seems that Justice Chang opted for the preferred judicial choice because the delay was due to an error of the prosecution and the period of time that the accused is in custody.

Most likely, were the delays a result of the accused and/or his lawyer(s), Justice Chang might have ruled otherwise.

quote:

Ian is a good fella. We grew up together and I'm happy to see his accomplishment since he decided to stay in Guyana.


He is very good, good at taking bribes.

He is certainly a very smart jurist given the quality that obtains on the bench today.

Uncle Rama given the current crime situation in the country it will take a miracle for Jagdeo to turn things around.
As far as Iam concerned the people in the Judiciary is probably laughing at him. Wait until they start asking questions about the gov't iilegal involvement in the phantom squad.

quote:

Originally posted by Chief:

quote:

Originally posted by Demerara_Guy:

quote:

Originally posted by Chief:
The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

Is this something that has been happening from:

1. Pre-1953

2. 1957

3. 1964

4. 1992

It's been happening since in the late 80's however since the mid 90's it ballooned out of control.

So, these activities never really occured prior to the 1980's???

quote:

Originally posted by Chief:
Uncle Rama given the current crime situation in the country it will take a miracle for Jagdeo to turn things around.
As far as Iam concerned the people in the Judiciary is probably laughing at him. Wait until they start asking questions about the gov't iilegal involvement in the phantom squad.

The judicaiary is crooked. I personally know of some of them.. The president can ask for their resignition at anytime..

When Sonny Ramphal was asked to amend the constitution to allow overseas vote by Forbes Burnham, Ramphal told Burnham that he had to get control of the Police force, Civil service and the judiciary. The judiciary became the most corrupt. They gave judgement before the cases were even tried.

quote:

When Sonny Ramphal was asked to amend the constitution to allow overseas vote by Forbes Burnham, Ramphal told Burnham that he had to get control of the Police force, Civil service and the judiciary. The judiciary became the most corrupt. They gave judgement before the cases were even tried.

Rama,maybe you should asks some of those who came before the courts during the 50's and 60's about justice in then Guyana.Especially in matters relating to land disputes.The poor in those days did not have prayer before judges.

quote:

Originally posted by D2:
It is about time that this is addressed. Crooked lawyers, magistrates, judges appear the rule more than the exception.

It is time they sanction those bastards who never turn up in court despite being on a retainer; judges who only seem to put off cases and never write up their rulings etc. These bastards have been on a free ride for too long and they are contributing to the rampant criminality of our nation.

Some of the court's rulings are unfathomable. They send people away for for a long time for a few grams of Mary Jane and lets crooks walk with kilos of the white stuff. It is a shame the President does not have the balls to stand up and ask these creeps to do their jobs. Ultimately, it rests on his head.

The necessary reforms can only take place within the context of overall constitutional reform. But, your points are well taken. This has been going on for much too long and it is ultimately the government's responsibility to do what is necessary.

quote:

Originally posted by Ramakant_p:
[.. ??

He is the captain of the ship and the ship is sinking. Jagdeo earned himself a minus F FOR PROTECTING THE CITEZENS OF gUYANA. uNDER HIS LEADERSHIP WE HAVE WITNESSED drug lords tasking over the countey, under his leadership we have seen violent murders as never before.
I cna go on and on!![/QUOTE]

I am pretty sure you can, but you didn't answer my question..

When he does something good, you claimed it's too little too late.. it is obvious that you don't want him to do any good..[/QUOTE]


Pretty sure he can? but seems he won't, then talk doesn't matter. Everyone "can do" anything, until they do it. The proof is in the pudding. "too little too late", he is reactive to events. He has to be pushed into robust action, then he does and takes the foot off the pedal as soon as the pressure is off, just a bit. He seems more proactive in saving trees that saving lives. He probably makes a good economic or environmental minister, but does not portray the tough, calculating and proactive decision-making capability the man in the center needs to have.

quote:

Originally posted by Ramakant_p:

The judicaiary is crooked. I personally know of some of them.. The president can ask for their resignition at anytime..

Rama,

If the judiciary is crooked, then we have the President to thank. He has an acting Chancellor, an acting Chief Justice, and an acting Chief Magistrate. People acting for extended periods are operating in a state of limbo; one wrong decision and they can be fired. So, yes, the actors can be fired anytime if the person who appointed them so desires. And if they are crooked, it is only because the person who appointed them is also crooked.

Did you also know the Police Commissioner and Director of Public Prosecutions are also ACTING appointments?

And do you know there is a special reason for this? Yes, Rama, your President is a corrupt SOB and wannabe dictator!

quote:

Originally posted by Chief:

quote:

Originally posted by Demerara_Guy:

quote:

Originally posted by Chief:
The judicial system in GUYANA IS A JOKE.
IT'S OPEN SECRET THAT ALMOST ALL JUDGES AND MAGISTRATES CAN BE BOUGHT.

Is this something that has been happening from:

1. Pre-1953

2. 1957

3. 1964

4. 1992

It's been happening since in the late 80's however since the mid 90's it ballooned out of control.

It is interesting to note that the time periods quoted by Demerara Guy, 1953, 57, 64 and 92 were when the PPP was in power.

Keep in mind that when the PPP was in power we were still under the British.

The PNC/Burnham/Hoyte dictatorship, 1966-1992 was when all the ills of Guyana began. Everyone needed to make more money and did what they had to do. Remember, Forbes was the 5th richest blackman in the world, as quoted in a black american magazine in 1976. The magazine was banned in Guyana.

So we know why there was no money. Forbes, Green and others stole it.

This culture of bribery and corruption continued under the PPP (1992 to present. The PPP under Cheddi tried to raise salaries of all government, but was unable since the country owed so much foreign debt.

Enter the Jagdeo regime when the drug trade intensified and the drug lords could buy their way out of anything: judges, GDF, CANU and others. Money talks.

So while bribery and corruption is still prevalent in Guyana, it is important to remember it was introduced on a large scale by the PNC government. The PPP inherited it.