No private settlement should be allowed for certain offenses

May 06, 2015 Features / Columnists, Peeping Tom

A few years, a domestic help alleged that she was abducted by her employer who happened to belong to a wealthy family. She was reportedly taken to a location, tied to a post and beaten while being questioned about the disappearance of jewelry belonging to the wife of her employer.
The employers were charged, as I recall, with abduction. This is a most serious offence under the laws of Guyana and carries long custodial sentences.
I am not aware of what happened in that case. In fact, it seems as if it just dropped off the radar. It could be that the parties concerned reached a settlement, but there was no report about this in the media.
These private settlements subject justice to the wiles of the rich. Those who can afford to reach a settlement escape the claws of justice; while those who are poor are sent to languish in jail. In common parlance this is referred to as “money talks and bullshxx walks”.
Private settlements should be rejected in serious offences. The commission of a crime is not just a matter between the complainant and the accused.
The commission of a crime represents an offence against the wider society and therefore the Court needs to take a more stern stance against these so- called private settlements that are made in serious criminal offences, because when the rich and powerful can use their wealth to reach agreements with their accusers, it undermines the system of justice in a country.
If a complainant decides not to proceed in a matter, it is difficult but not impossible for the prosecution to proceed. The State should be in a position to insist that in relation to serious offences, such as kidnapping and abduction, that the complainant should be compelled to give evidence regardless of what settlement has been arrived at.
I believe there is precedent for this within our judicial system. Many years ago, as I recall, a magistrate refused to entertain a settlement between the complainant and the accused.
A most serious thing is alleged to have taken place on Monday outside of a shoe store on Regent Street. An employee of that store is alleged to have been abducted by private enforcers, blindfolded and taken to a location where he was allegedly beaten and questioned about the disappearance of raw gold from the home of a relative.
This is a serious offence, one that warrants prosecution. The authorities should not brook any departmental settlements, because it is the availability of such options that promotes the emergence of private enforcers, a deadly threat to law and order in any society.
This threat of private enforcers is not just restricted to matters involving persons. It can become political.
After the 1997 elections, thugs believed to be affiliated with the PNC allegedly abducted an Albouystown man who collected discarded drink bottles.
These political enforcers believed the most preposterous story, that the man was storing ballot boxes in his home.
These political enforcers were said to have taken the man to Congress Place where it was said that of all persons who were involved in his interrogation was the then leader of that party, Desmond Hoyte.
Abduction is a serious offence and if private settlements are allowed in such cases, it could lead to serious problems not just in relation to private disputes but also in relation to political disputes.
No settlement should be allowed in such cases. Those who commit such acts should face the full brunt of the law.

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No private settlement should be allowed for certain offenses

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