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.
The performance of the British Labour Party in the elections last week has been spectacular. The Party’s spirited and brilliant campaign was focused on its agenda as set out in its Manifesto, “For the Many, Not the Few,” which accurately captured the aspirations of a wide cross-section of the British people, particularly the youth, motivated them and brought back those who had been swayed by the Conservatives and UKIP in the past. The enthusiastic new half a million members of the Labour Party knocked on doors and got out the vote, one of the highest in recent memory.
Jeremy Corbyn’s transformation in three weeks among his own colleagues and many supporters of Labour, from a liability, and among the Conservatives and his own right wing parliamentary colleagues, from the disorganized, incompetent, disheveled bumbler that they painted him as, to the charismatic leader that he is, has been as equally dramatic as the election results. His closest colleagues’ belief in Corbyn never faltered. They knew his potential and chose to project the 68 year-old man, his character and his qualities, before the British people, with confidence that he would effectively market Labour’s Manifesto and attract support. But the projection of his character was not done through advertisements, such as for Prime Minister Theresa May, hailing her as ‘strong and stable’ but who turned out to be ‘weak and wobbly,’ stiff and uncomfortable in interviews, afraid to face her opponents in debate, hidden from the public, and forced to withdraw the ‘dementia tax’ against the sick.
‘Inappropriate recusals are potentially very damaging.’ This statement begins the concluding portion of an article by Professor Abimbola Olowofoyeku, Professor of Law, Brunel University, London, UK, entitled ‘Inappropriate Recusals’ in The Law Quarterly Review, April 2016.
The main basis for recusals by judges (or other adjudicators, including magistrates) is actual or potential bias or the appearance thereof. It is in the Judge’s discretion to do so. As far back as 1972 in the libel appeal of Jagan v Burnham in Guyana’s Court of Appeal, the then Chancellor of the Judiciary, E.V Luckhoo, rejected an application by Dr. Fenton Ramsahoye, appearing for Janet Jagan, to recuse himself on the ground that his brother, Lionel Luckhoo, was appearing for Burnham.
Last week the 27 year old Anthony Joshua dethroned 41 year old Wladimir Klitschko, the reigning world heavyweight boxing champion for the past 15 years. In the history of heavyweight boxing, Klitschko is one of the all-time greats. He would dominate a fight with sharp and powerful left jabs, keeping his opponent at bay, until he is able to land devastating right hooks or right crosses, sometimes in combinations, with lightning speed. Up until the fight, Joshua was merely a promising newcomer.
The fight began with Joshua taking away the offensive capability from Klitschko by himself utilizing the left jab repeatedly. Klitschko looked uncertain, retreating, his reflexes less than sharp, which were not good signs. The fight was close for much of the time, with Joshua falling to a right in the sixth round but weathering the storm. Thereafter it appeared that Klitschko was looking for an opportunity to land another right and gave up trying to win by scoring boxing points. This was a fatal mistake. It reduced his attention to his defence. The age difference showed and Klitschko’s stamina gave way. Starting with a vicious uppercut in the eleventh round through Klitschko’s open arms looking for that elusive right hook, rather than being in a defensive posture, Joshua delivered a flurry of punches from which Klitschko could not recover.
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.