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GBA president speaks out on judicial criticism

Jun 08, 2008 News

Newly elected President of the Guyana Bar Association (GBA), Teni Housty, has taken note of the recent response by the Office of the President regarding the issue of judicial criticism.

In a release, Housty observed that the indication by OP that it is not in the habit of engaging in judicial intimidation but is merely engaging in judicial criticism adding is duly noted.

He emphasised that “it is important to reiterate that when criticism moves beyond the limits and boundaries of fair and appear to be an attempt to impact on the perception of judicial independence, the Bar will continue to speak out.”

The release stated that from time immemorial it has been the role and purview of every bar association to ensure that judicial officers are treated fairly and with appropriate dignity.

As such it was outlined that a bar association should respond to judicial criticism: when the criticism displays a lack of understanding of the legal system or the role of the judge and is based at least partially on such misunderstanding; when the criticism is serious and will most likely have more than a passing or de minimis negative effect in the community; and when the criticism is materially inaccurate,; the inaccuracy should be a substantial part of the criticism so that the response does not appear to be “nitpicking.”

And by the aforementioned guidelines, it was noted that the GBA will continue to be guided in its response to criticisms of the judiciary even as it speaks out without fear or favour against all who seek to attack the foundations of the rule of law and order, the separation of powers and respect for judicial independence.

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