Have faith in the judicial system

Jan 17, 2014 Letters

Dear Editor,
Please allow my words of caution to be carried in your publication, it concerns a very troubling development of recent vintage, that if allowed unremarked would serve to harm the very fabric of our society.
Have we changed the rules of our society in Guyana?
Why am I asking this question? It arises from the recent allegations of abuse by a Police Corporal of a man via baton. There seems to be a new system in place where Mr. Hughes of the AFC has become judge, jury and collector and “has formally given Police Commissioner, Leroy Brumell a 72-hour deadline that expires on Thursday January 16 to pay $100 million for the alleged “torture” that amounted to a violation of his constitutional right to protection from inhuman treatment.” (demerarawaves.com)
The civilized process would usually be as follows: Allegations- formal complaint –investigation-Charge/no Charge, prosecution, civil claims etc.
Mr. Hughes and the AFC seem to have a differing view of due process.
Allegation-Ultimatum for damages issued- payment or constitutional and other proceedings will follow.
This cannot be the way we operate as a society. Allegations do not translate into automatic guilt and damages as assessed by Mr. Hughes, we have a legal system and rules which have been disregarded in this instance.
The AFC has waded into this alleged incident with both fists flailing calling for the resignation of the Police Commissioner and the Minister of Home Affairs, again WITHOUT a formal investigation of the allegations. Unfortunately for the AFC we do not live in the dictatorial paradise they so fondly remember and yearn for, we live in a country that is firmly rooted in the rule of law.
I have gained every confidence in our Judicial System by way of litigation against the current government. I took on the government and won. Our principal lawyer in that instance, Mr. Sanjeev Datadin, counseled patience and faith in the judicial system. My faith in the judicial system was not misplaced.
The eventual decision in favor of the Cricket Board flew in the face of all conjecture and gossip and is an educational vindication of the judicial system that leaves no doubt as to their professionalism and independence.
Perhaps it is no coincidence that Mr. Datadin was also one of the principal lawyers who represented Justice Navindra Singh in the case cited by Mr. Hughes in his claim for damages for his client, Justice Singh was awarded damages by a judge (not his lawyer) after a painstaking eight years of due process and diligent representation by his Counsel.
Mr. Hughes would be well reminded that the gears of justice grind slowly but they grind exceedingly small, justice is not attained by bluster, empty rhetoric and public relation coups, it is won by diligence and honest representation of the facts.
No Mr. Hughes and AFC , we cannot let emotions rule our actions, the allegations of police brutality if proven true should have serious consequences for the INDIVIDUAL/s who perpetrated those acts, but he also deserves due process and protection of the law.
This is not the first instance where a first glance at allegations provoked a strong emotional response from many only to be proven false. The rape allegations against former Commissioner of Police Henry Green come readily to mind.
To those who would respond about the seriousness of the allegations and the brutality described therein, have no fear. I would in no way condone such actions under any circumstance. However, allegations must be investigated before any course of action is decided.
I urge all citizens to have faith in our judiciary and seek redress within the law for any perceived injustice.
Robin Singh

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