Attorney General, Senior Counsel Anil Nandlall has made it clear that Judicial Officers will not be allowed to be unaccountable to the public they serve, declaring that their conduct can be detrimental to the administration of justice, if they are not behaving in the manner that he or she should.

On his “Issues in the News” television programme on Tuesday, the Attorney General indicated that the judiciary is not immune from criticism, but noted that such criticism must be done in good faith, and must not bring the judicial officer into disrepute.

He said people have a right to make critical commentary if they believe matters are moving too slow in the system.

Addressing the broader question of judicial independence, Mr Nandlall said though the judiciary is the most independent organ of state, it remains an accountable institution.

“There is no agency in a democratic society funded from public funds that will ever be allowed to be unaccountable to the public who is funding their functioning, that can’t happen and I respectfully submit that that does not obtain in Guyana and the judiciary understands that, because the judiciary has a code of ethics,” Mr. Nandlall said.

The Attorney General said the billions of dollars that the Government continues to invest in the Judiciary annually is to ensure that it is well resourced and functions as it should.

He said former Acting Chancelor of the Judiciary, Justice Yonette Cummings was correct in her articulation in the code of conduct for judicial officers when she declared that: “The independence of the judiciary does not render it unaccountable and that judicial officers are accountable to the public”.

He said while the law is correct for protecting Judicial officers, the law also provides for accountability.

“The law is correct in insulating judges from that engagement, cause that can also lead to unsavoury engagements that can lead to all types of appearances if members of the public can have ready access to their judges and judicial officers hearing their cases. No system allows that to happen. So, the insulation is necessary but because of the insulation, members of the public whose right it is to complain, don’t have that access,” Mr. Nandlall stated.

Mr. Nandlall did not point to any specific judicial officer or case, but would only say he would not sit idly by and watch a miscarriage of justice and stay quiet about it. He was quick to point out that majority of Judicial officers give their decisions in a timely manner, while others are not complying.

“I am the Minister responsible for the Justice sector, I protect and represent the public interest and if the administration of justice or a Judicial officer is not behaving in the manner that he or she should that is detrimental to the public interest and it is my obligation to speak. A Minister of Justice cannot seek refuge in silence, when there is a miscarriage of justice taking place, that is not an option available to a Minister of Justice,” Nandlall declared.

Nandlall said if the occasion arises for him to be critical, he will be critical, explaining that while the Courts could review his comments, they cannot stop him from making those comments.

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