‘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.
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.
The Guyana Chronicle, which obtained Justice Franklin Holder’s letter to the Chancellor (ag), the Hon. Yonette Cummings-Edwards, complaining about the conduct of the Attorney-General and Minister of Legal Affairs, the Hon. Basil Williams, during the hearing of a matter in Court on March 23, tried its best to obfuscate. The letter has now been published and Justice Holder’s searing comments are in the public domain.
This less than professional reporting by the Guyana Chronicle was probably the reason why the Judge’s letter found its way to other sections of the media. The Judge described Mr. Williams’s conduct as ‘despicable’ and ‘contemptuous.’ The Judge said, quoting his letter from the Stabroek News: “I am not prepared to sit and hear Mr. Williams as an attorney-at-law in any matter whatsoever, unless he makes a genuine and meaningful apology to my satisfaction, in open court, both to me and to members of the Bar since they too were scandalized by his despicable conduct.” The Guyana Chronicle, which claimed to have had the Judge’s letter, reported none of this.
The judiciary is one of the three branches of Government. It is a vital component of our democratic system and for this reason needs to function with a high degree of proficiency. Even though most citizens go through their lives without having to invoke the assistance of the judiciary to protect or defend their rights against other citizens or the State, nevertheless the judiciary is a bulwark against the violation of those rights. Citizens need to be assured that there is a fair and impartial judiciary that can deliver justice in a timely manner in the even that they need to call on its protection.
In the business community, commercial disputes arise frequently, although, like the general population, most go through their business without ever having to revert to the judiciary to solve disputes. A judicial system that can rapidly resolve commercial disputes is necessary not only to keep business activity turning over but to sustain confidence in the business community, both local and foreign, to invest or continue to invest in Guyana.
Petronella Trotman is the name adopted by Ronnell Trotman, who is a transgender person. Born a male, she identifies as a female. Two famous transgenders, born as males and now identifying as women, are Caitlin Jenner, an Olympian and television personality, and Chelsea Manning, a soldier who was imprisoned for leaking information to Wikileaks, both of them of the United States. Bruce Jenner struggled for many decades and Bradley Manning, who is much younger, for many years with gender identity issues before formally and publicly adopting the female gender with which they have identified.
A transgender person suffers from a gender dysfunction. He or she identifies with the gender opposite to that assigned to him or her at birth. It has nothing to do with sex. Their sexual preferences do not necessarily change. And it is not the same as homosexuality and lesbianism, which has to do with sexual, not gender, preferences. Homosexuals and lesbians are not transgenders.