THE SEASON OF ADMISSIONS


Unlike any other profession, law is practiced in the glare of publicity and this is the season of admission of lawyers to practice their profession in open court. Lawyers obtain their Legal Education Certificate from the Hugh Wooding Law School in Trinidad in September every year after two grueling years of study. This course of study is preceded by an additional three years in exhausting pursuit of the LL.B. degree at the University of Guyana. By October, they are ready to be admitted to practice.

The admission ceremony is a major event in the lives of newly qualified lawyers. It represents the successful culmination of five years of study and sacrifice. It allows them, albeit briefly but memorably, to thank and give public recognition of all those who helped them along the way – their parents, family members, teachers, the Almighty – and to pledge their commitment to uphold the high traditions of the Bar. There is a great sense of anticipation in a new and challenging endeavour and environment.

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THE PNC, APNU AND NATIONAL UNITY


PNC Leader David Granger, in celebrating the 56th anniversary of the founding of the PNC, declared on October 5, as reported in SN, that: “We have avoided the adoption of superficial solutions which do not involve the masses of our people and which do not resolve the deep-seated prejudices which impede national unity.”

These sentiments reflect the position which had been held by the PNC Leader, Forbes Burnham, in the 1970s and Brigadier Granger quoted him as saying: “Some of our friends as well as enemies speak and shout about the need for national unity. The need for national unity is axiomatic and cannot be questioned. Where the differences of opinion arise, they do so in respect of the means of achieving unity on a class basis.” Brigadier Granger also offered us another quote: “…an understanding or compromise between leaders is no guarantee of unity amongst the rank and file unless there is a serious and honest attempt to spread the message of unity further down…”

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THE CCJ CREATES HISTORY IN A LANDMARK DECISION


Shanique Myrie is a Jamaican national who was detained at the Grantley Adams Airport in Barbados upon arrival on March 14, 2011 and deported the following day to Jamaica. She alleged that she was subjected to a humiliating body cavity search in insanitary conditions. Ms. Myrie instituted legal proceedings at the Caribbean Court of Justice in its original jurisdiction on January 12, 2012. She claimed that her right of entry without harassment under Article 45 of the Revised Treaty of Chaguaramas (“Revised Treaty”) and a 2007 Decision of the Conference of Heads of Government (“Conference Decision”) was violated. Ms. Myrie also claimed that she was discriminated against on the ground of her nationality in violation of Articles 7 and 8 of the Revised Treaty. The Jamaican Government appeared to have put its weight and resources into the case on Ms. Myrie’s behalf.

Barbados denied all of the allegations and claimed that Ms. Myrie was rightfully refused entry because she was untruthful about the identity of her Barbadian host. Barbados also argued that the 2007 Conference Decision did not create for Ms. Myrie a legal right but that if it did, it was not an absolute right and could not be judicially reviewed. Having satisfied itself that it had jurisdiction the Court proceeded to take evidence in sittings in Jamaica and Barbados. Submissions were made at its seat in Trinidad and Tobago.

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POLITICAL DEFECTIONS


Political defections in Guyana have a long and ignoble history. A rare exception was that of Henry Jeffrey towards the PPP, although he never joined that Party. Faced with the choice between academic integrity and dishonesty in the mid 1980s when he was writing a book, ‘Guyana,’ while preparing his doctoral thesis in the UK, he chose the high road. He sat on the executive of the PNC but instead of defending electoral malpractice, he took the position that the PNC had been guilty of electoral fraud. He was dismissed from his job as principal at Kuru Kuru Cooperative College and for several years after his return to Guyana he could not find employment at UG.

Although tied to the PNC during the 1970s and 1980s, he had always exercised an independent political mind. He regularly visited the Michael Forde Bookshop, then something of a mini, pro PPP, intellectual hang out, now a shadow of its former self, and engaged in polemics while many feared even travelling through that part of Robb Street where Freedom House is located.

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THE JURY SYSTEM HAS FAILED GUYANA


In early June last year I wrote an article entitled ‘Abolish Jury Trials.’ I argued then, and repeat those arguments now, that jury trials ought to be abolished because convictions are now rarely obtained from juries even in the most glaring cases. The Attorney General and several criminal lawyers disagreed with my suggestion and views.

I believe that on the scale of things, trial by jury is not an issue of paramount concern to most people. But crime is escalating and juries have continued to free the most violent criminals in the face of compelling evidence. I have not kept any figures and no statistics are published but I would not be surprised if less than five persons have been convicted in the last twenty trials. And it is not all because of faulty police investigations or incompetent prosecution.

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