Courts are impartial; do not take sides in matters - Chancellor

Courts are impartial; do not take sides in matters – Chancellor

Nov 29, 2012 News

“Decisions in the courts in this country, are not given because the courts recognize the standing or identities of the parties before us”

Chancellor of the Judiciary, Justice Carl Singh, has stated that Guyana’s judicial system is impartial and that the decisions taken by the courts are carefully made by the presiding officer, whether it’s a judge or magistrate.

Justice Carl Singh

He was speaking at the re-commissioning of the $22M Mibicuri Magistrate’s Court in Black Bush Polder, recently.
The Chancellor said that in the course of its function, the court is presided over by an official “who is blind”.
“There is no partiality for one side or the other; whoever you are, the presiding officer in the court, be it the magistrate, is blind—not literally. He does not take sides and we pride ourselves in the neutrality of the court.
Whatever the issue, whoever it is, whichever court it is, the courts in Guyana adopt a neutral position. We look at the issues before us and we look at the law that applies to the issues and the decision is given. Decisions in the court in this country are not given because the courts recognize the standing or identities of the parties before us”.
He said that in recent times, there were some “rumblings” about the likely partiality of the courts, “but I tend to say that we are neutral and fiercely independent”.
Over the years, he said, there has been a programme of support for the improvement of infrastructure at the courts. “But there needs to be minimum levels of comfort and the infrastructure must be there to allow us to achieve those levels of productivity”.
Singh stated that when he assumed the office of Chief Justice of Guyana in 2001, the Magistrates’ courts were functioning “as half day courts and the other half day ,the presiding officers were at home in pajamas and watching TV.
“I put my foot down and insisted that the courts must function for the whole day, because people come from long distances and want their cases to be heard. The efficiency of the courts can be measured by the timely delivery of decisions and that is the hallmark of an effective court”.
Justice Carl Singh stated that he was shocked to see the old and derelict Mibicuri Court building that was there “lying in misuse and in a state of disrepair for a number of years—It was a derelict, run down building, leaking roof, infested with bats and wood ants and you had to carve and chop your way in to get through the thick bush that surrounded the premises”.
He noted that if there is to be order in the country, “then our laws and rules must be obeyed. If you don’t run afoul of the laws of the country, then there is no need to come to the court. But it’s not only when you violate the laws that you come to the courts—you have rights”.
Justice Singh stated that the court is an institution that is of vital importance to society, for the preservation of the Rule of Law. He appealed to Guyanese to respect the institution and its officers and to protect it and maintain it.
Justice Singh said that provision is being made for buildings, furnishings and for “the tools of the trade—books “. I believe that the Supreme Court has benefitted”.
The Mibicuri Court, he said, was lying in disrepair for a long time and “it has been made possible by the efforts of the Government of Guyana and IDB…and two people who have been instrumental in seeing that the work at this court was completed were Ms Evadne Mangar and Mr Mark Persaud.