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.”
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 (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.
‘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.