The courts may still save Guyana

Oct 11, 2008 Features / Columnists, Freddie Kissoon

The past 10 days have been a moment of optimism in the life of every Guyanese who feels that with each passing day, free and fair elections for which we fought so hard for over almost three decades, have not given us the quality of political life that we so exuberantly expected when the voting was over and the PPP was declared the winner of the 1992 general elections.

I know how I felt when I heard that Forbes Burnham had died. I know I was liberated so I could work in my country again. I know the way I felt when the PPP won the 1992 poll.

The PNC had misused power for too long. Sixteen years after the return of open, transparent elections, I know in my heart the fight for justice and good government has to continue. I was a young, long-haired dreamer when I entered the fight against the Burnham dictatorship.

Thirty years of marriage later and with a 19-year-old daughter, I know the world of human rights crusade for me will have to continue.

There are deeply disturbing violations of rights by a freely elected government in this country that should worry every human being who intends to spend the rest of his/her life in this land. I never wrote that the present government we have is worse than when Mr. Burnham was in power.

But I say unapologetically, I see in Guyana today, unsavoury dimensions in the exercise of power that were not there under Burnham. And that is cause for worry.

One institution that keeps our hope alive in a territory where a dictator’s tentacles become ubiquitously long is the judiciary.

Once the judiciary bends, it is time to leave or fight with every drop of energy you have left in you. The judiciary is the fountain-head of justice.

In the US, a Supreme Court Judge has no retirement age and he is not paid from the Government’s purse. That is one area of hope that the American people have over us.

Under the rule of Forbes Burnham, any judge could have had his retirement age extended. That happened quite openly with two High Court justices.

Over the past ten days, we have seen decisions in the halls of the judiciary that at least have put a temporary hold on our optimism. I commented on one of those issues yesterday, so I will just mention it and move on. It concerns two members of the Jagan family tree. One is Dr. Jagan’s son, the other his nephew.

The High Court reversed the visa refusal and work permit denial of a Colombian dentist. From the affidavit of the Colombian citizen, the problem was with these two men.

On Thursday, Acting Chief Magistrate, Melissa Robertson granted bail to Oliver Hinckson. I cannot comment on the charge of sedition; it is before the courts. What needs to be observed is why was Mr. Hinckson denied bail for a charge that is bailable?

In the first instance when bail was granted, the state moved to the High Court to vitiate it? Is this the way freedom is perceived by those who have claimed that Arnold Rampersaud was not guilty?

Those who are in power today can treat the freedom of others flippantly because during the 28-year reign of the PNC, their freedom was not taken away.

For all the years that they say they were in the trenches, the PPP never produced a party member that was arrested and kept in jail for more than two weeks.

Mark Benschop was on remand in the Camp Street prisons for five years. I cannot comment on Mr. Hinckson’s trial which is before the courts but I surely can form an opinion on how Guyanese juries see political cases.

After Walter Rodney got involved in the Arnold Rampersaud matter, no jury was prepared to bring Rampersaud in guilty. The same for Mark Benschop.

There would not have been a jury consensus for Benschop. The Guyanese people do not accept political prosecution.

We have to wait to see if the trend will be broken with Oliver Hinckson. Let me be the first to give my opinion – I don’t think so. I doubt Hinckson’s case will conclude in the courts of Guyana.

Finally, the owner of the Toucan Suites was awarded compensation by Justice Jainarayan Singh. When the state becomes a bully, democracy is the first victim.

Security forces burnt down Toucan Suites to catch a wanted man. Since the owner was not charged with a crime, he was entitled to compensation.

He got none. The courts saved him. Will the courts save Guyana from a second Burnham and a second PNC but with different names? I hope so.

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The courts may still save Guyana

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