Latest update March 21st, 2025 7:03 AM
Jul 11, 2009 Letters
DEAR EDITOR,
I write with feelings of pride and satisfaction having read the article “Summary Jurisdiction (Lay Magistrates) Bill 2009 passed”, published in yesterday’s edition of the Daily Chronicle newspaper, and a corresponding article published in the Kaieteur News.
The President of the Guyana Justices of the Peace and Commissioner for Oaths and Affidavits association, Mr Hermon Bholaisingh has been, and continues to be an extremely close and valued friend for two decades and more.
In point of fact earlier this year he required me to address the Association’s statutory monthly meeting that was convened at the Georgetown Magistrates’ Court on 11th April. It was a special and personal privilege to comply with Mr Bholaisingh’s request.
My wife, Savita Sukul, who is also a practicing Lawyer in the UK accompanied me. She gave a short address herself to the members of the Association. Indeed, I consider that the occasion that I have alluded to keeps close company with the principal purposes of my flight from London to the land of my birth and probably my destiny.
I wish to expressly commend in notable terms the Attorney General and Minister of Legal Affairs Mr Charles Ramson for tabling the Bill, and I send similar sentiments to all those who were instrumental in its passage into the statute books.
The history of Lay Magistrates in the UK can be traced back to the 12th century when men were appointed to keep the king’s peace. The system evolved into a fully functional and essential arm of the domestic criminal and civil justice system in the UK. Lay Magistrates do not have any formal legal qualifications. Two Lay Magistrates sit with a Judge of the Crown Court when that Court sits in its appellate capacity, and as a matter of law, both Lay Magistrates must be consulted before the Judge can rule on certain legal matters including the admissibility of certain evidence.
The machinery of the UK justice system would groan and probably collapse for want of support in the absence of Lay Magistrates. Whilst the jurisdiction of UK Lay Magistrates system is considerably broader than that provided for in the 2009 Act, it is my view that the same would markedly and extensively benefit Guyana’s Magistrates’ Court system in the performance of its constitutional duties not only to dispense justice, but to dispense justice timely and efficiently.
I seek to register a huge heap of congratulations to Mr Bholaisingh on the passage of the 2009 Bill. I came to properly conceive his unstinted commitment, and witness his assiduous efforts in respect of the creation and sustenance of the Association that would now, in the light of recent events in the National Assembly, be the hub around which its members shall rotate.
I wish to make this mega-serious and solemn point. It is intended to slam into the very root and core of the minds of all those who visualise practice as a Lay Magistrate.
You do anything, say anything, perform any act that potentially tarnishes or poisons the integrity and dignity of your profession, your conscience, to say the very least, would haunt you, and your fate may not be dissimilar to those who are convicted at the hands of your superior counterparts.
And to you Mr Bholaisingh, you are the official sentinel and custodian of that integrity and dignity to which I have just referred. Protect them both diligently, for they fling themselves at the interest of our native land, an interest that is paramount to us all.
My wife and I shall return home in the new year. She had pledged her support to the Association back in April. She remains willing to deliver training in the practice of Mediation.
For my part, and in the name of my friendship with Mr Bholaisingh, my support remains his close companion in his quest to bring justice to all whom he is now lawfully obliged to serve. I wish him well.
Rabi Sukul
Balham Chambers,
London, England.
Mar 21, 2025
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