INDEPENDENT THIRD WORLD JUDGES LEAD THE WAY


The stunning news, unprecedented in Africa’s history, broke on Friday morning that the Kenyan Supreme Court had overturned the results of the August 8 elections which the incumbent president, Uhuru Kenyatta, 55, had won with 54 percent of the vote. The six-bench Supreme Court ruled four to two in favour of a petition by Raila Odinga, 72, running and losing for the fourth time, with 44 percent of the vote, who claimed that electronic voting results were hacked in favour of Kenyatta. New elections were ordered in 60 days.

Chief Justice David Maraga, in delivering the ruling said: “After considering the evidence, we are satisfied that the elections were not conducted in accordance with the dictates of the Constitution.” The court said that the elections commission committed “illegalities and irregularities…in the transmission of the results,” the details of which will be set out in the written judgment to be delivered in 21 days.

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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

THE GUYANA BAR ASSOCIATION


The Guyana Bar Association (GBA) had its annual general meeting on Wednesday last and elected a new Bar Council, the name of its executive. The large turn-out of lawyers at the meeting was a positive indication of reviving interest. The nominees for office, clearly identified beforehand, were unanimously elected, underlining the unity which prevailed and which was expected to continue.

For the first time in many years a senior lawyer, the distinguished Robin Stoby, Senior Counsel, the Secretary of the GBA in the 1980s, agreed to serve and was elected as First Vice President. It was a generous commitment of time by Mr. Stoby, as well as by Mr. Rajendra Poonai, a leading lawyer with decades of practicing experience, who was elected to the Bar Council, to an executive comprising the younger generation of lawyers, although most of them have had more than ten years of practice. The dominance of ‘youth’ in the Bar Council, who have wisely sought out the guidance of the ‘seniors,’ appear to have now set the stage for the rejuvenation of the GBA.

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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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