Has this Magistrate evaluated how six months in prison can transform someone?

Nov 07, 2014 Letters

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Dear Editor,
Wednesday October 22, Freddie wrote an article that seemed not to resonate as it should among those who are allowed to think independently. He outlined an incident that occurred at the Berbice court presided upon by Magistrate Sherdel Isaacs. According to the article, two persons, including a teenager, were sentenced to six months in prison for leaving Guyana illegally. This is unthinkable in the Guyanese context. This has to be the first sentencing on what has been a common practice for decades. The random sentencing of citizens has become a sudden trend in the courts, as if that is the answer to the tragic artificial social problems created by the intentional mismanagement of the economy by the PPP Government. July,7 2013, the Stabroek News published a very candid and disturbing article, ‘ Mental health in Guyana.’ The prognosis on addressing this public Health issue is dismal. To add another relevant reference, no rational person will understand why a Judge would sentence a 62 year old man, who committed a domestic murder, to 71 years in prison, while his Lawyer was asking for a psychiatric evaluation.  Stabroek News again on August 15, 2013, published the Ministry of Home Affairs review on crime, that stated that our jobless between 18-25 years old compose the bulk of our law breakers, that is our criminal population. Does this Magistrate understand that there are over 30,000 Guyanese residing in Suriname, an accounted 25.000 illegally in Trinidad, thousands in Venezuela, and thousands more Illegally in the small Islands. Our unemployment is well over 40 percent and climbing. For the first time in this country there are foreign investments that import their own to fill its labour needs. Bai Shan Lin has a 70% imported staffing, pays below the minimum wage to the few locals they accommodate. The same is with the controversial Marriott Hotel, no local payroll. This is in total opposition to President Hoyt’s investment policies that saw with Omai, Barama and AT&T an 85 to 90% local employment.
How can a Magistrate know all this and still sentence citizens for attempting to leave the country illegally. Were these citizens found with narcotics, munitions or weapons? Has this learned Magistrate evaluated how six months in prison can transform someone? Couldn’t a fine have more suited the transgression or even some mandatory community service? All over this country the latter is needed. This Magistrate should know that our Laws are founded on Judeo-Christian principles that advocate Justice and redemption. That’s why evaluation by probation officers is part of the system. Isn’t this where the psychological evaluation of this Magistrate should be allowed to intervene? As I’m writing this letter, the contents of the AG’s tape revelation is going through my thoughts. Professionals dispensing Justice must understand that the high officers of the country no longer provide inspiration, integrity or even the most basic glimpses of moral conduct. We have in 2014 sunk to the lowest as an Independent Nation. Thus, each office of lower but significant responsibility has to weigh its impact and so construct its contribution towards the gradual repair of our crumbled, corrupted State.
I would hope that those at the highest levels take note; In the future there must be accountable Laws against wrongful arrest; Medical malpractice and irrational, senseless placing persons of no financial means into prison at the whim or prejudice of the presiding authority. Recently a relative of mine was placed in prison through the court at Sparendaam for over two months based on an unsubstantiated accusation by a female neighbour. At the end of the day, it was revealed that the impetus of the accusation was spite. The Magistrate apologised, admitting that the woman was a liar, and he was sorry. But how does that compensate a poor man, living day to day, whose meagre resources were depleted, or a friend who at Parfaite Harmonie was arrested on somebody’s belief that he knew about a robbery in the area, though there was no direct or circumstantial evidence linking him to anything. His home was searched resulting in defamation of character, in a new community composed of strangers that lacked the coherent heritage of our villages to address such matters as rumour mongering. I want all citizens concerned with the social conscience of this nation to also observe that such evidence of mental problems also persist in the police force, one example in the Agricola killing, with the one of the ranks coming from a father who was insane and himself coming into constant conflict with his management by police Officers. Yet he was in an armed Operations unit, and there were numerous others.  In closing I want to refer readers to Kaieteur News August 25, 2014, toa letter titled ’Police Ranks being used and abused’ by the Police indifference at its operations management levels. Signed by ‘ Frustrated Policeman,’ this letter was very revealing and disturbing, and adds to the reason why, where we are today in Guyana, that Justice must be dispensed meticulously.
Barrington Braithwaite

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