Magistrate bars Jagdeo from leaving Guyana

May 26, 2015 News

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– former president races to court after threat of Arrest Warrant
Magistrate Charlyn Artiga, yesterday, barred former President Bharat Jagdeo from leaving Guyana without the permission of the court.
The decision came during his appearance to answer a charge of a private criminal matter brought against him.
The order came when Jagdeo belatedly appeared before the Magistrate at the Whim Magistrate’s Court in Berbice.
Jagdeo was a no show when the matter was first called a few weeks ago, but he turned up yesterday in time to avoid an arrest warrant being issued for him.
Jagdeo was summoned to court on a private charge brought by lawyer Chris Ram. The charge stemmed from Jagdeo’s comments on Sunday March 8 at Babu Jaan, Port Mourant, Berbice.
It is alleged that on March 8 at Babu Jaan, Berbice, Jagdeo made statements contrary to section 139 D (1) of the Representation of the People Act Chapter 103 as amended by Act number one of 2001.
139 D says (1) Any person who (a) makes or published or causes to be made or published, any statement; or
(b) takes any action, which results or can result in racial or ethnic violence or hatred among the people shall be liable on conviction on indictment to a fine of one hundred thousand dollars together with imprisonment for two years.
“The opposition consistently shout about the racism of the PPP but they practise racism. The opposition beat drums at six in the morning and say let us throw out those coolie people,” Jagdeo had stated.
Ram had argued that his statement “can result in racial or ethnic violence or hatred among the people”.
At the first hearing a few weeks ago, Jagdeo’s lawyers had argued that the charge was frivolous, vexatious and without any basis in law. They requested that it be dismissed by the learned Magistrate.
Ram’s attorney requested time to respond.
When the matter as called again yesterday, Jagdeo was again absent. Counsel for both sides were asked to address the court on the question of summons, after which it was adjourned for half an hour.
When the matter resumed Attorney at Law, Perry Gossai, representing Jagdeo told the court that his client was stuck at the Berbice River Bridge.
The matter was again adjourned to give Jagdeo time to make his way to the court.
A few hours later two other lawyers on Jagdeo’s team, former Attorneys General Anil Nandlall and Bernard de Santos turned up to tell the court that the summons was never served on Jagdeo.
The lawyers also told the Magistrate that they advised their client that as a result of not being served with the summons, his presence was not necessary.
The Magistrate then overruled their submissions made and ordered that Jagdeo must appear before her.
She then informed them that she was giving Jagdeo 30 minutes to show up failing which she would issue an arrest warrant for him.
Jagdeo eventually arrived at the court at 11:30 hours having sped along the East Coast Demerara and West Berbice Highway.
He was promptly placed in the prisoners dock to have the indictable charge read to him by Magistrate Artiga.
Anil Nandlall made an application for bail, stating that the former President is well known and is not a flight risk.
He reminded the court that Jagdeo was the “Champion of the Earth”; had four honorary doctorates (Jagdeo has five honorary doctorates) and was on the list of candidates for the People’s Progressive Party Civic for the recently held General and Regional elections.
He also informed that the 52-year-old former president is single and has a fixed place of abode. There is no reason why he would not attend the court hearings in the matter, he said.
The Prosecution had no objections to Jagdeo’s pre-trial liberty, so Magistrate Artiga then sent Jagdeo on self bail, but with conditions.
Magistrate Artiga ordered that Jagdeo should not leave the jurisdiction without the permission of the court.
She ordered that should he have to attend to any emergency overseas, his lawyers must make contact with Attorneys from the other side.
The matter was then put down for June 22 for the commencement of the preliminary inquiry.
A pitiful Jagdeo then made his way to the Magistrate’s clerk to sign the reconnaissance before leaving the courtroom to join his die hard supporters who had gathered outside with their placards, protesting the court action.
If found guilty Jagdeo could be fined $100,000 and jailed for two years.
Meanwhile, the People’s Progressive Party has criticized the Magistrate’s decision to prevent Jagdeo from leaving the Jurisdiction of Guyana unless permission is granted.
The party stated it views the development as an “ominous sign.”
“We view this as a violation of the Constitutional right and freedom of Cde. Jagdeo to travel, as well as a threat to the constitutional rights and freedoms of Guyanese everywhere,” the party stated.
Jagdeo is not above the law, one lawyer said. He is not the first person to be restricted from travelling once before the court having faced indictable charges, the lawyer added.
He is also a private citizen and he is being treated as such.

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