No one should be above the law

May 29, 2015 Editorial

Former President Bharrat Jagdeo’s late but dramatic appearance in Court on Monday last may have thrown his political career into freefall, with no certainty about precisely where it will eventually settle. The consequences are yet to be seen. His absence from the PPP’s Independence celebrations at Port Mourant on the following day could have been as a result of such consequences.
In general terms, what transpired in the court on that day is a positive sign for justice in Guyana. Mr. Jagdeo and several other leaders have always seemed indifferent to the justice system. This particular case, however, shows that no one should be above the law and those who are charged must be treated as such.
On this occasion, not only did the former president race to the Magistrate’s Court at Whim after the threat of a warrant for his arrest, but he was barred from leaving the country without the permission of the court. In his time as President of Guyana from 1999 to 2011, Mr. Jagdeo wielded enormous power and, for a while, seemed almost invincible or as some will say, superior to everyone. The court in this instance demanded respect and more importantly, emphasised its serious nature. It is a message to all and sundry.
It should be pointed out that the Constitution grants immunity to Presidents for acts committed only while in office. The former President, now a private citizen, was summoned to court on a private charge brought by Mr. Christopher Ram. The charge stemmed from comments allegedly made by Mr. Jagdeo in early March at Babu Jaan, Port Mourant. Mr. Ram’s assertion is that the utterances could result in racial or ethnic unrest or hatred among the people.
Given that it is an indictable criminal offence, Mr. Jagdeo could face an arduous battle, and if convicted, could face imprisonment and a fine. Like all other cases, there is a presumption of innocence until proven guilty. This surely will apply in this case.
The fact that such allegations are being made in connection with a citizen who held the esteemed office of President for 12 years is not one of our country’s finest hours, but it will present fresh perspectives.
For example, Mr. Jagdeo’s appearance in court has added a new and somewhat unexpected element to the already vibrant politics of this country. As a senior leader of a recognized political force, his standing has suffered a downturn in the eyes of many.
In separating truth from fantasy, the reality is that Bharrat Jagdeo’s political stars have been on the wane since the 2011 general election and have deteriorated further in the just concluded campaign.
The threat that he had seemed to pose to the David Granger-led APNU+AFC Coalition government following its victory at the polls on May 11, has subsided, with several senior PPP figures preferring to keep their distance.
Whether the party’s current leadership will be able to rally around him in the wake of the court developments is left to be seen. If they do not, the party’s rank-and-file and perhaps some of its leaders are likely to head to other political domains.
A more intriguing but challenging scenario is that the PPP could find new leadership and re-invent itself without Mr. Jagdeo. But given the extent to which the party has been dependent upon his leadership skills and otherwise, the odds may not favour this.
In practical terms, his appearance in Court was a watershed in his political career. Despite his statement that he will not be muzzled by the opposition, Mr. Jagdeo may soon realize that the ties that now bind him to the legal system could effectively diminish his capacity to effectively tackle the new government.
The nation may well be witnessing the beginning of the end of one of the most controversial characters in its politics.

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