The power of the United Nations Secretary General (UNSG) to refer the Guyana-Venezuela Border Controversy to the International Court of Justice (ICJ, also known as the World Court) and the jurisdiction of the ICJ to entertain and determine the matter, both provided for by the Geneva Agreement, have been shockingly distorted by Analyst in a February 6 article in Kaieteur News entitled “Recourse to the ICJ is on the basis of a consent regime.’ He argues that the ICJ needs Venezuela’s consent before it can exercise jurisdiction.
On November 7 the same analyst, under the moniker of Peeping Tom, said in Kaieteur News that Guyana has “bungled its handling of the territorial controversy” and “will not achieve its objective of having the matter placed before the ICJ.” This prediction ignominiously failed when the UNSG on January 30 chose the ICJ as a means of settlement. No doubt this failure prompted a change of identification from Peeping Tom to Analyst for his February 6 article so as to disguise his authorship of the November 7 failed prediction. His opinions in the February 6 article are as shallow as the prediction made in his November 7 article.
Senior Counsel Ralph Ramkarran SC has successfully represented Trinidad High Commissioner to India, Dave Persad, in the Judicial Committee of the Privy Council (JCPC) in London, United Kingdom, in the case of Dave Persad (Appellant) v Anirude Singh (Respondent) which was heard on June 21.
The case pertained to a claim by Singh against Persad in 2002 for arrears of rent, damages for breach of covenant and mesne profits arising from a breach of a lease agreement under which Persad’s business premises were leased from Singh at Manzanilla Road, Mayaro, Trinidad.
Being away for the past six weeks allowed me the luxury of leisurely contemplating Guyana from afar. The news emerging was not encouraging. The prison was burnt down and prisoners escaped; then more escaped from Lusignan. A disaster waiting to happen, it was said, but nothing of significance was done to prevent it. Perceptions of the Constitution, where it differed from the Court’s, were given equal weight. Secret dealings with ExxonMobil are justified on blatantly flawed and trivial excuses. Budget allocations are not being disbursed thus limiting economic activity and job creation. Rupert Roopnaraine resigned, then changed his mind.
Freddie Kissoon and Kaieteur News continue their decades long, personal, vendetta against me, because of an apology he and KN were forced to make to me more than twenty years ago. In pursuance of his hate campaign, Kissoon regurgitates stories that I have already fully answered ten and more years ago – answers which he does not reveal when he rambles on, ad nauseam.
One of the reasons behind public executions in the past and at present was and is to demonstrate the power of the State so that citizens would be duly intimidated. Public executions have largely disappeared. The growth of democracy has forced the development of more sophisticated methods of state intimidation, even though the gory spectacle remains in a few countries with significant democratic deficits and is pursued b a few terrorist groups, particularly ISIS.
The State machinery, particularly its enforcement arms, are theoretically and practically the major instruments of State control and enforcement. A more insidious form of State intimidation and oppression is the use of the press. Guyana has experienced starting from the late 1960s, the use of the privately owned press to inflame passions against the PPP Government, to misreport the news, to distort the truth and to encourage violence. The privately owned press was one of the main instruments in the struggle against the PPP Government. I am not familiar with the history of the press before this period. But I am sure it did its utmost to support the colonial authorities to intimidate persons and organisations who resisted the powers of the State, in particular the organized and unorganized workers’ movements.
The Chronicle’s obscene calumny against Chancellor of the Judiciary, Carl Singh, over several months and getting worse, its contempt of court and the Government’s intimidation of the Judiciary have become deeply troubling. The Chancellor was publicly warned to go on pre-retirement leave and not to hear any ‘political’ cases. Suspicion was expressed that he would start a case and postpone it beyond his retirement date so as to seek to extend his term of office.
What is worse is that a lawyer, Prime Minister Moses Nagamootoo, who has responsibility for information and the power to stop the Chronicle since it started its disgraceful campaign several weeks ago, has allowed it to continue. The only conclusion is that the Chronicle’s rampage against the Chancellor, and subversion of the Judiciary, is official Government policy.