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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CHANGING OF THE GUARD


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.

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PUBLIC EXECUTIONS


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.

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THE DEMOCRATIC PEOPLES REPUBLIC OF KOREA, KNOWN AS NORTH KOREA


President Obama is reported to have told President-elect Trump that his biggest foreign policy issue was likely to be North Korea. Testing a missile after Trump was sworn in, this prediction quickly became reality. The US believes that North Korea is rapidly developing the capability to deliver a nuclear weapon to the West Coast of the US. It already has several nuclear bombs. In US terms, such a development by an adversary will threaten not only its own national security but also that of its allies, Japan and South Korea. Its conventional army already poses an immediate threat to Seoul, the capital of South Korea and its industrial areas.

The Koreans from both North and South are a proud and dignified people who, like so many others, have been victims of imperialism. Korea was colonized and subjected to brutal rule, not for the first time in its history, by Japan from 1905 after the Russo-Japanese War. After the victory of the Soviet Union over Nazi Germany in Europe, it joined the Pacific War against Japan in early August 1945, as agreed with the Allies. By late August, the Soviet Union had already driven out the Japanese from the North and had reached Pyongyang. The Allies quickly sought agreement with the Soviet Union on the stationing of their forces, each confined to positions north and south of the 38th parallel. Separate governments were eventually established in 1948, after several years of negotiations failed to agree on the terms of unification.

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SARA – A BOLD AND VITAL INSTRUMENT


The State Asset Recovery Bill (“Bill”) was passed in the National Assembly on Friday last after a robust debate. It is a bold and vital instrument in the anti-corruption effort, although modern anti-corruption legislation still remains to be addressed. When I wrote in 2012 that the PPP Governments had made efforts to curb corruption, but that by then it had become pervasive and further steps needed to be taken, it was legislation such as this that I had in mind. One of the triggers for my article was the many inquiries made of me for at least two years before my term as Speaker ended in 2010 as to whether AML/CFT legislation was pending. I knew that there was a requirement from CFATF that such legislation be passed but it was only when sanctions were threatened after the 2011 elections that the legislation was finally tabled by the last Government.

Political considerations were mainly responsible for the then combined APNU and AFC Opposition to oppose the AML/CFT Bill, just as political considerations are now mainly responsible for the current Opposition opposing the Bill.

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