Leader of the Alliance For Change (AFC), Nigel Hughes today rapped the Government over attacks on the Judiciary for decisions handed down in the local courts.
At a press conference at the AFC’s Headquarters,Mr. Hughes said the alarming trend has seen both the Vice President Bharrat Jagdeo and Attorney General Anil Nandlall unleashing attacks on the Judiciary.
He said the Guyana Teachers’ Union (GTU) case, in which Justice Sandil Kissoon ruled that it was illegal to cut the salaries of teachers who had engaged in industrial action, is one such case. According to Hughes, the language used by the Attorney General to describe not only the decision but the judge was completely unacceptable.
“If you found discomfort in the language, the actual trespass to the founding principles of separation of powers between the Judiciary, the Legislature, and the Executive is even more alarming. In that case, the Attorney General took it upon himself to threaten the judiciary by using language that made it clear, not only the displeasure of the Executive on the outcome of the case, and that is perfectly normal, but to effectively, to suggest that the Honourable Justice Kissoon, whose decision, he described as vacuous was not fit to be a judge. That, we consider most egregious,” the AFC Leader said
He said one of the most recent attacks unleashed by the Attorney General on the Judiciary surrounded the High Court’s decision to adopt the 2018 arbitration decision in favour of American oil company, ConocoPhillips. Justice Gino Persaud had presided over the case.
Hughes said instead of criticizing the Judge’s decision from an academic perspective or appealing the case, the Attorney General personally attacked the judge.
“The ultimate distress came when the Attorney General decided that he was going to refer Justice Persaud or he said the option to refer Justice Persaud to the Judicial Service Commission because of a decision he made is frightening in all aspect. If you think about it, as a sitting average citizen, here you have the Attorney General, not only expressing his displeasure with the outcome of a case, not only going on to attack the judge and his competence, but saying that look, we will take this Judge to the Judicial Service Commission because we are unhappy with a decision. That is a clear shot across the bow of every judge,” Hughes said.
He said in a similar fashion, the Vice President, on Thursday, sought to criticize the decisions of City Magistrate Leron Daly, who is presiding over the electoral fraud case.
Vice President Jagdeo has accused the City Magistrate of entertaining repeated objections by the Defence. Hughes said his statements were unfortunate.
“The statements by the Vice President, indicated clearly, the fact that the Executive thought that it is appropriate, while a case is being heard for a non-professional person, by a non-lawyer, to comment during the proceedings, adversely about the decisions made by a sitting magistrate. The law provides for appeals during the hearing of a matter against decisions made by a magistrate. And clearly, that is an option available to the prosecution. In this case, the Vice President, who holds not an insignificant amount of power in the country decides to attack the magistrate and the decisions she has taken,” the AFC Leader said.
Hughes said he hopes the Guyana Bar Association has taken note of what has become a standing practice in Guyana.
Vice President Jagdeo, while expressing his frustration, said Government will be inviting the Diplomatic Community to observe the trial given its interest in the 2020 Elections.
In this regard, Hughes said he had no objection.
“I would join Vice President Jagdeo in saying we welcome any observer, international domestic, because trials in Guyana are open, except for in the case of sexual offenses cases. So, we welcome any observer, and I don’t think the presence of observers, whether they are nationals or foreigners, makes a difference to the conduct of the case, or will make a difference to the conduct either by the attorneys or the magistrate. We have confidence in the bench and the entire magistracy. We have confidence in the judiciary and nobody know what the outcome of the case would be but we certainly don’t think that the attack on the bench during the hearing of the matter is acceptable,” he said.
He said once the observers, whether local or foreign, do not disrupt the trial or make inappropriate comments, he has no issue.
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