UNLAWFULLY HOLDING ON TO OFFICE


The Speaker of the National Assembly, Dr. Barton Scotland, having declined to reverse his declaration on December 21, 2018, that the no confidence motion against the Government had been carried on a vote of 33-32 in favour, has shifted the arena of contest to the Court.

The constitutional provisions which have been automatically triggered by the passage of the no confidence motion, by now well-known, state: “106(6) The Cabinet including the President shall resign if the Government is defeated by a vote of a majority of all the elected members of the National Assembly on a vote of confidence. (7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

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GUYANA STANDS BEHIND CCJ, SAYS V.P. GREENIDGE


The PNCR appears to have had no difficulty in accepting the Caribbean Court of Justice (CCJ) in its appellate jurisdiction. The CCJ was established in 2005. As a court of original jurisdiction its function is to interpret and apply the Revised Treaty of Chaguaramas which established the Carribean Community. Hoping that it would replace the Judicial Committee of the Privy Council (JCPC) as the final court for most of the region, the Heads of Government agreed to clothe the CCJ with an appellate jurisdiction to determine appeals in civil and criminal matters for member states which cease to allow appeals to the JCPC and accede to the jurisdiction of the CCJ. In 1999-2000 the PNCR agreed, without having to be persuaded, to a recommendation by the Constitutional Reform Commission that the Constitution be amended to provide for Guyana’s accession to the CCJ when it was established.

In a statement published last Friday, Vice President Carl Greenidge reaffirmed the Government’s commitment to the CCJ. Notwithstanding adverse decisions and that only four Caricom countries so far have joined the Court’s appellate jurisdiction, the Government was satisfied with its competence and quality. The CCJ was in the news recently when it held that a law which provided that cross dressing for an “improper purpose” was unconstitutional. Also, the electorates of Grenada and Antigua, like St. Vincent a while back, rejected the CCJ as their final court in place of the JCPC. The steadfast support of the CCJ by the Government of Guyana is welcome to all lawyers and should be to all politicians.

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THIEVING AND CORRUPTION ARE NOW PART OF THE NATIONAL CULTURE


Firemen are first responders who are required to help and protect victims and their property. While purporting to do so, many fireman seize the opportunity to steal from victims. The stealing of property by firemen from the Fly Jamaica aircraft which had mechanical problems and landed with some difficulty at the CJIA, is a shameless and sickening disgrace. It was far more extensive than has been reported.

In the past, burglars invaded my late parents’ home and stole a number of items. Four or five policemen came to investigate and as they were leaving, one of them swiped my father’s wristwatch from a table. Some years later, firemen entered the Cameron & Shepherd building in Avenue of the Republic, where I then worked and sill do. The top floor was on fire. After they left, all movable objects of value that could be fetched out had vanished. Long before then, criminal activity by members of the disciplined forces and corruption in the society had been simmering and growing. Corruption by prison officers has reached alarming proportions. Little of consequence was done by successive governments to stop the slide. The result is that it has now escalated by leaps and bounds throughout the country. Thieving and corruption are now part of the national culture. It includes murder in the course of robbery and paid killings, including by members of the disciplined forces.

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THE CASE AGAINST IVOR ARCHIE


Ivor Archie has been the Chief Justice of Trinidad and Tobago (TT) for ten years and is a prominent judicial personality in the Caribbean. On 12 November 2017 the Sunday Express alleged that the Chief Justice had tried to influence Supreme Court Justices to change their state-provided personal security in favor of a private company with which his close friend, Dillian Johnson, a convicted felon, was associated. On 19 November the Sunday Express published another article alleging that Dillion Johnson was among 12 persons recommended for Housing Development Corporation units by the Chief Justice. On 4 December the Express reported that the Chief Justice, 57, was joined by Dillion Johnson, 36, while on official business abroad (Guyana). Photographs were published apparently showing Johnson lying in a bed and the Chief Justice sitting at the edge, backing the camera, on the telephone and another showing Johnson with a lanyard around his neck holding an identification card allegedly with the printed name of the Chief Justice. The Chief Justice claimed that the photographs were photoshopped. 

On 29 November the Law Association of Trinidad and Tobago (LATT) appointed a committee to “ascertain/substantiate” the facts upon which the allegations made against the Chief Justice were alleged to be based. On 30 November the President of the LATT met with the Chief Justice and informed him that having regard to the seriousness of the allegations and his failure to respond, the LATT has decided to investigate the allegations to determine whether they are true or not. The LATT offered the Chief Justice the opportunity to respond to the allegations even though it recognized that it had no power to compel him to do so. It, however, mentioned that it intended to refer its report to the Prime Minister which falls within its statutory mandate. 

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FOOD AND BOOZE IN PARLIAMENT


A report on the cost of food for each sitting of Parliament, being $700,000, has triggered a particularly sharp debate about the cost and the alleged supply of alcohol. The Leader of the Opposition, Mr. Bharrat Jagdeo, confessed that he consumes the food. He said: “I eat the food. What do you suggest? I don’t eat the food? I eat the food…I like eating too. And it’s not like it’s fancy food. It’s not fancy food…” The problem the teetotaler Mr. Jagdeo said, confirming the traditionally austere leadership of the PPP, was the alcohol. “It’s not just the food. It’s the huge amount of alcohol that gets consumed and imbibed in Parliament…fancy, fancy, liquor.” Mr. Jagdeo noted that Opposition members would hardly ever, if at all, utilize alcohol provided by Parliament Office. “They do eat. We eat. I eat the food,” he emphasized, “..but it’s the alcohol part that I have a problem with.” But the politics intruded. Mr. Jagdeo suggested that it was some Government members who excessively imbibed during sittings. After suggesting that the cost of the alcohol might be as much as the cost of food, he recommended that members purchase their own alcohol.

If the Leader of the Opposition was concerned that MPs would be drunk on their feet or otherwise in Parliament, he should not worry. The public, viewing debates, would assume that MPs are drunk anyway – Government Members, with power, and Opposition Members, seeking it.

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