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Anil Nandlall objects

Jun 23, 2015 Letters

DEAR EDITOR,
The Press is regarded as the fourth estate in modern democracies. It wields as much power and influence as the three branches of Government. Therefore, it logically follows that like the three branches of Government and short of undue censorship, checks and balances must be applied to ensure that this important institution in a democracy does not run amok.
Kaieteur News’ June 22nd 2015 editorial contains a most vile attack on the integrity and independence of the judiciary. Commenting on the private criminal charge instituted against former President, Bharrat Jagdeo, and which is being heard before Magistrate Charlyn Artiga, the editorial opines: “It should be made clear that if the PPP was still in office, Magistrate Artiga would have been fired just as how the PPP fired Magistrate Geeta Edmonds who was about to sentence the son of former Prime Minister, Sam Hinds”.
The editor makes no attempt to justify or even explain this bizarre conclusion. It is a most brazen and scurrilous attack on the integrity of our judicial system and a baseless accusation of serious constitutional violation by the PPP/C Administration.
It is trite knowledge that under our constitutional structure, the executive bears no responsibility for the discipline and dismissal of judicial officers. Those functional responsibilities reside exclusively with the Judicial Service Commission, an independent constitutional body.
The PPP played absolutely no part in the removal of Magistrate Geeta Chandan-Edmond. As far as I am aware, the Learned Magistrate was removed by the Judicial Service Commission in relation to an incident which occurred over one (1) year prior to the institution of the charge against Samuel Hinds Jnr. A simple phone call to the Judicial Service Commission ought to have edified the editor of Kaieteur News accordingly.
I do not discount that the objective of the editorial is carefully designed to influence the judiciary against the PPP and those who are connected with it in order to demonstrate its “independence”.
Perhaps, we should now hear from the judiciary and the Judicial Service Commission on this matter.
Anil Nandlall

Editor’s note: Indeed, the conclusion that the executive played a part in the dismissal of Magistrate Geeta Chandan was unfortunate and regrettable. But the executive has been known to influence decisions by the very Judicial Service Commission.
Justice James Bovell-Drakes was appointed a judge but President Bharrat Jagdeo actually refused to acknowledge the appointment.
Also, because of a decision he handed down, Justice Janarayan Singh was never confirmed as a judge and actually had to go to court to secure the benefits accruing to him. The person who was Justice Singh’s nemesis was Bharrat Jagdeo.

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