INVESTIGATING THE INVESTIGATORS


The public has been gripped over the past few weeks by the evidence which has been emerging from the Commission of Inquiry (‘COI’) into the alleged plot to assassinate President David Granger.

The COI was announced on July 11 and Demerara Waves quoted parts of the Terms of Reference (‘TOR’): “The Commission will review all actions taken by the Guyana Police Force and examine whether there was evidence failure, neglect or omission to thoroughly or properly investigate the intention or plan to assassinate the President and determine whether such failure or omission was intentional…The Commission of Inquiry will also seek to determine whether any person and, in particular, officers of the Guyana Police Force had any information before and after reports were made of the plan to assassinate the President and whether any such officers communicated that information to a superior authority.”

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CAMP STREET WAS A TRAGEDY WAITING TO HAPPEN


There are approximately 2,000 prisoners in the five facilities in Georgetown, New Amsterdam, Mazaruni, Lusignan and Timehri. Of these 35 percent is on remand awaiting trial. The Georgetown Prison at Camp Street was designed to accommodate 600 prisoners but held in the vicinity 1,000. Violent incidents or escapes have occurred in Georgetown, New Amsterdam and Mazaruni in the past. There was always a great fear among those responsible for security that Camp Street could explode at any time. The problem of overcrowding was well known.

The recent studies and reports are as follows: Read more

ABSENCE DOES NOT MAKE THE HEART GROW FONDER


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.

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MAKING THE SMALL MAN A REAL MAN


The collapse of the Palmyra foundation structure intended to support an Indian Arrival Monument to be unveiled on Arrival day was reported by the Stabroek News on April 27. Stabroek News had interviewed a Mr. Marlon Cumberbatch who said he was the supervisor of the construction company. He couldn’t say what caused the collapse but suggested that the project needed to be redesigned. Mr. Cumberbatch stated that the construction company would be dissolved. Workers complained that they had not been paid and sources told Stabroek News that Mr. Cumberbatch was indeed the contractor. The choice of contractor, the design of the project, the reason for the collapse, all remain state secrets.

While not much has been announced, it appears that the government has embarked on policies to make the small man into a real man by opening up opportunities in construction and other areas. There have been complaints for a long time that Guyanese contractors of African descent were being discriminated against. Bringing a contractor from Linden to undertake a contract in the Corentyne, suggests that the policy of redress, and a lop-sided one at that, is in full swing.

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WHEN SHOULD A JUDGE RECUSE HIMSELF OR HERSELF?


‘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.

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