Legal limits of the law

Apr 21, 2012 Letters

DEAR EDITOR,
“They must read the ruling before commenting on it.”
This statement was made by acting Chief Justice, Ian Chang when a member of the press asked him to respond to the explosive outcry that came from certain sections of society comprising of a “unique mixture” exclusive of the remnant of legal luminaries currently practicing in Guyana.
The Chief Justice’s ruling was informative enough to allow a layman to be able to form an opinion that does not require any special training and/or education to understand what happened vis-à-vis the Commissioner of Police and his rape accuser.
Perhaps the Honourable Chief Justice was just a little too expansive in the detailed manner that he quite rightly chose to “hand down” his decision that prohibits the Director of Public Prosecutions from advising that the Police Department institutes charges of rape against the Commissioner of Police, Mr. Henry Greene.
Nonetheless, had the Chief Justice not gone into such detail with his findings; the wailings would have been worse than the subsequent well-publicized unnecessary, emotional, and futile outcries.
It is a universal maxim that “Ignorance of the law is no excuse,” but this does not mean that those who lack the “nimbleness of intellect” cannot understand the operation of law. The mere fact that law applies to human action or conduct whether rational or irrational as an expression of legislative will, such is enough for most normal human beings to have respect for the law, and those who are in place to ensure that the law is applied without fear or favour. The point being that regardless of intellect, ignorance and/or human emotions, when it comes to LAW, there is a limit as to what happens and what shall not happen.
One must be prepared for the occasion when legislative will (spirit of the law) allows for disappointment in whether the outcome of a dispute is to be prosecuted or thrown out.
The courthouse is not like the church house, where folks go at least once a week to feed their emotions and soul while strengthening their faith, but instead, it is a venue to have matters resolved based on two things, and only those two things namely, the facts, and secondly the relevant law(s). Truth and justice must prevail regardless of the moral issues associated with an allegation. Character of an accuser may be such that it can create a doubt concerning the probability of guilt and/or innocence, and such must be determined beyond reasonable doubt in a court of law.
Unfortunately, it is apparent that the Commissioner was “encouraged” into a situation like happened to Samson. However, it took on a mind of its own and grabbed the attention of locals and “regionalists” alike. The external tribunal that looked into the allegation prior to the relevant authorities in-depth investigation, that team did not scrutinise the circumstances thoroughly enough to present a more candid assessment of the reality. It was left to the thoroughness of acting Chief Justice of Guyana, Mr. Ian Chang to decipher the facts from the frivolous, “story bound” accusation of rape. Prosecution must not be frivolous, fictional, malicious, politically inspired or vindictive; it is serious stuff and must be driven by facts.
As regards the new outcry for President Ramotar to act swiftly concerning the fate of the Commissioner of Police, it must be borne in mind that care must be exercised, lest we have a new round of legal moves and countermoves. The proper approach must be taken to bring closure to this matter that is obviously appearing in the news columns too very often!
Finally, societies around the world tend to celebrate celebrities in times of their glory, and likewise, censor them when they stumble or fall short. We have a number of such examples in recent years, from Mike Tyson, to O. J. Simpson, to Dominique Strauss-Kahn, to Kobe Bryant, and also former President William Jefferson Clinton. Who is next in line? Who will be the next one to fall victim or prey?
Neilson O. Wray

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