BLIND JUSTICE!


In Sweden, rape is more widely defined than in the UK or Guyana. In both cases against Assange, he had consensual sex with the women involved. One allegation is that the condom he was wearing split when he had sex with the first woman. She made no complaint the following day. However, later that same day he had consensual sex with the second woman at whose house he went to stay. Her allegation is that during the night he had sex again with her but while she was asleep and without a condom. (See Gwynne Dyer ‘The accusations against Assange’ in Sunday Chronicle December 12).

After extensive arguments on the question of bail Justice Riddle said: “The nature and strength of the evidence is not there, this is normal at this stage in proceedings. What we have here is the serious possible allegations against someone with comparatively weak community ties in this country. He has the means and ability to abscond if he wants to and I am satisfied that there are substantial grounds to believe if I granted him bail he would fail to surrender.” Apparently no credit was given for the fact that Assange was in Sweden, submitted himself to questioning and left only when the investigations were over. Neither was any given to the fact that he was never in hiding, agreed to submit himself to questioning in London and when this was refused, voluntarily submitted himself to arrest.

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CHEDDI JAGAN AND THE POLITICS OF POWER


Academic interest in Guyana’s modern political history has grown since the release by the C.I.A. of its records a few years ago. Professor Stephen Rabe’s “US Intervention in British Guiana – A Cold War Story,” published in 2005, was the first study after the release of the CIA’s records; Colin Palmer’s book is the second in what is likely to be continuing interest in the history of Guyana and an enduring fascination with Cheddi Jagan, whose international stature in colonial political history grows with each passing day.

Interest is generated by the story itself – an impoverished colony, a small population, of no strategic value, a dazzling group of radical young men and women, with a charismatic leader, boldly challenging British authority, twice removed from office by imperialist intervention, are some of the elements which come together in the compelling drama of British Guiana between 1953 and 1964.

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THE JUDICIARY UNDER THE NEW KENYAN CONSTITUTION


The Judiciary was therefore a prime target for reform under the new constitution which had been prepared pursuant to the Kofi Annan agreement. The draft constitution was approved by the National Assembly in April and approved overwhelmingly in a referendum in August after amendments prompted by national discourse.

There are provisions providing for the establishment of the courts, the basic principles which should guide them, alternative disputes resolution and traditional disputes resolution. The cost of the judiciary is a charge on the Consolidate Fund and salaries and pensions are high and constitutionally protected.

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THE KILLING FIELDS


The first is to the Police and the public and it is a middle punching the air. The second is to the rest of the criminal community which remains alive and it is this: Don’t mess with us. The third is to the public and it is this: Go to hell.The quoting of crime statistics to show that the Police are on top of the situation does not resonate with the public when terror of this magnitude is unleashed by criminals. While there have been spectacular successes by the Police in defeating the criminal terrorist war unleashed on the Guyanese people in 2002, no one can rationally argue that the Police are on top of the crime situation when killings of this type can be committed with impunity. Guyana is a poor country but is a route for the export of drugs to Europe and North America. Guyana is not the only such country. The entire Caribbean region, particularly the larger countries, have become victims of marauding criminal gangs involved in the import and export of drugs. The quantity of drugs and amount of money involved are large enough to kill for. So that when drug dealers fall out, bullets fly. We have seen time and again that the acquisition of money is never enough to feed the human ego. We may set out only to acquire wealth, legitimately or illegitimately. Once acquired, however, power and/or influence over others are inevitably sought. In the sordid ghettoes of the criminal underworld, power and influence are purchased firstly, over other criminals. If money doesn’t work, then fear, intimidation or raw power is applied. Once obtained, this power is violently displayed when there is any deviation from the criminal code. The well known criminal, ‘Taps,’ who fathered a child while serving a term of imprisonment, is alleged to have stolen drugs from a dealer and was killed. Missing drugs may be responsible for the current spate of killings, according to the Police.  The stealing of drugs by criminals from criminals appear to be such a serious violation from the exalted code that the punishment is public execution.The Guyana Police faces two major objectives in its effort to reduce crime, namely, to stop the flow of arms into Guyana and to dismantle the drug gangs. I’m sure that they are aware of this. While I’m not in a position to advise, I can say that two laws have been passed recently which gives the Police significant weapons in its fight against organized crime. This is the law in relation to the possession of illegal firearms and the law permitting wiretapping. One would have thought that this process is already in place. It is therefore quite a surprise that the Police should be issuing wanted bulletins for persons whose names are familiar. If the Police are unaware of where they are and are not in a position to invite them in then we are not in good shape, unless of course, the public naming of the persons is an attempt to convince the public that they are doing something.There is no point passing laws if no use is going to be made of them. Passing them and then having them merely decorating the statute books is just a waste of time. Let’s hope that they are being made use of. There is an important legal weapon which is missing from the body of laws which are available to the Police. The law in relation to conspiracy needs to be urgently to be amended, codified and upgraded. Modern crime needs modern weapons. Laws relating to conspiracy remain in the dark ages and are wholly inadequate to deal with drug gangs and their associates. Such a law which would make conviction easier, if in place, would supplement the wire tapping law once it is activated.Of importance also is a law to ‘ensure’ the co-operation of witnesses. In Guyana a witness can choose not to say anything if he or she is known to have witnessed a crime or have evidence of a crime. Failing or refusing to co-operate with the Police in bringing criminals to justice is a serious offence in some jurisdictions and incurs jail time. (www.conversationtree.gy).

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OPPOSITION TURMOIL


 
The current scenario among opposition activists, despite accusations and counter accusations as to who was responsible for the failure to establish opposition unity in 2006, is to persuade all parties to accept the candidacy of a popular figure around whom a ‘big tent’ can be created with the same objective of reducing the PPP’s support from an absolute majority to a plurality, or even win an outright majority. In the former case, this presumably will force the PPP to seek an accommodation with the opposition and, hey presto, power sharing is won. 
The main opposition party, the PNCR, has had two debilitating leadership contests, one in which Vincent Alexander challenged the Leader Robert Corbin and the other in which Winston Murray was the challenger, both contests attracting accusations of vote rigging. Whatever the internal fallout from these battles, Corbin has recently declared that he will not be the Party’s presidential candidate for the 2011 elections. Speculation immediately burst forth as to who the possible candidate might be. So far no one has been identified although there has been speculation. Recent statements suggest that the process of selection is likely to be attended by controversy.

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