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Aug 22, 2010 Features / Columnists, Freddie Kissoon
I worked closely with the legal genius, J. O. F. Haynes, when we were both teachers in the Department of Political Science and Law at UG. I got to know a fine mind that was indeed impressive. He had his faults when it came to administration, but J. O. F. Haynes was the embodiment of everything that was perfect in the culture of the African middle class in Guyana, a class whose absence has reduced Guyana to a failed state.
J. O. F. would constantly tell me I should have become a lawyer; that I would have done well. My reply was unchanging – I would not have lasted a day and would have ended up getting contempt of court charges throughout my career.
One of the most depressing areas of life in this country is the judicial system. It is a horrible reminder that Guyana has become a lost cause in modern civilization. My daughter wants to change her academic interest from the sciences to the humanities and she indicated a curiosity about law. I said to her; “With your passion for human rights, do you think you can endure the miasma that overflows in our judicial system?” I hope this is a passing phase because I don’t think she will preserve her sanity as a functionary in Guyana’s legal structure.
On Wednesday, August 18, I turned up in Magistrate Chandra Sohan’s traffic court to lend support to Manniram (one name only) and not Mark Benschop. I am tired offering solidarity to Benschop in court. He has too many cases and I will end up as Solidarity Citizen number one because I will have to be in court daily.
I don’t want to be in the courts of Guyana. They depress me to an extreme level. Mr. Manniram is in court, charged with three traffic offences, because of me and Benschop. We were taking the school children from Patentia in WBD to Georgetown to protest the police killing of 16-year-old Kelvin Fraser, and we hired Manniram’s truck.
At the site of the picket, Manniran was arrested and slapped with three charges. Most Guyanese knew what happened afterwards. After he appeared in Mr. Sohan’s court and was granted bail, the political directorate ordered the impounding of his truck. The intention was for it to rot in the Brickdam compound because the case would take years to complete. I drew this to the attention of Mr. Ralph Ramkarran in one of my columns since the day before, Mr. Ramkarran wrote in the Stabroek News about his history of fighting for democracy. So I asked Mr. Ramkarran where the democracy is for Manniram.
When the names were called out in court last Wednesday, only Manniram was present. Absent were Benschop and the lawyer, Robert Corbin. I instinctively got up and told the magistrate that Mr. Corbin couldn’t make it and if a further date could be set. The Magistrate asked about Benschop. I told him the day before Benschop was complaining of symptoms of dengue fever, and probably was still experiencing some discomfort.
In parting, the Magistrate warned me that he hopes in future when I appear in court it would always be on the side where the lawyers stand up to argue and not where the accused have to stand. I thought that was funny. As we were leaving, Benschop appeared at the entrance to the court. Benschop told me he imagined he had symptoms of dengue. I understood him. Most human rights activists have runaway imaginations; I included.
It was a sad day in Magistrate Sohan’s court. The trials had to be interrupted to accommodate two persons charged with non-traffic offences. What I saw was shocking and deepened my resolve to fight for the poor and powerless in this horrible failed state of ours.
Magistrate Sohan asked one of the accused why he did not plead guilty to an offence which carries 20 months in jail because he has spent over a year in remand. There is no certainty when this man’s case will be concluded and the maximum term is 20 months. This guy is going to be on remand for years. He appeared confused in court and unaware that he is a permanent fixture on remand. Mr. Sohan granted him $10,000 bail but it appears he has no one to assist him. The stupidity in our legal system is that there is no procedure for dealing with these aberrations. If he had pleaded guilty, he would have served his sentence and be out as Mr. Sohan pointed out. There must be justice for this poor fellow.
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