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Legal fraternity calls for special court, judges for asset Recovery cases
– Legal fraternity calls for special court, judges
By Kiana Wilburg
Numerous civil and criminal cases remain clogged in Guyana’s judicial system for a plethora of reasons.
Head of the Guyana Bar Association, Gem Stanford-Johnson
But when the State Assets Recovery Agency (SARA) comes on board, the legal fraternity wants to see cases from the entity being dealt with in an expeditious manner.
In fact, it was during the second round of consultations on the SARA draft legislation, held at the Pegasus Hotel, that this matter was brought up. Raising the issue was head of the Guyana Bar Association, Gem Stanford-Johnson.
During the question and answer segment, the attorney raised a number of concerns, one of which was the need for a special court to deal with asset recovery cases, as the court system is already plagued by a backlog in cases. She said that a special court may be necessary, since, given the current system, it may take approximately five to seven years to conclude asset recovery matters, “especially when one takes into account the fact that there are clever lawyers who may find ways to delay the process.”
In relation to the concerns expressed, Attorney General Basil Williams said that the country is based on the system of a separation of powers, and such an issue is one for the Chancellor of the Judiciary. Williams believes however that there could be consultations on that matter between the judiciary and the Executive.
Other members of the legal fraternity who were present at the event agreed with the suggestion and stressed that a special court is absolutely essential in such a circumstance.
Head of the State Asset Recovery Unit (SARU), Dr. Clive Thomas said that he was pleased with the consultations and is in agreement with the suggestion.
It was since last year July that the coalition administration promised that it would set up a special court to preside solely over corruption cases.
Prime Minister Moses Nagamootoo had made this disclosure at the book launch of former Auditor General, Anand Goolsarran.
He said that the anti-corruption court will have to be established when all the anti-corruption laws are in place. He noted that government has already made steps towards this end, in addition to its efforts to strengthen already existing anti-graft laws.
His disclosure was given full support by Minster of Public Security, Khemraj Ramjattan, who reiterated that the number of cases government expects to have in the future on lawbreakers, would perhaps necessitate an entire court.
Ramjattan said that one cannot argue that such a court would not only support government’s commitment to enforcing the anti-corruption laws, but would also serve as a reminder that no one will escape punishment once they are found to have committed the crime.
He said that those involved in cases of corruption can rest assured that they will not be denied their day in court, nor would the course of justice be delayed.
Written comments on the SARA Bill may be submitted to the Chief Parliamentary Counsel at [email protected] or posted to the Attorney General’s Chambers at Lot 95 Carmichael Street, North Cummingsburg. The Draft Bill is also on the Attorney General’s website at http://legalaffairs.gov.gy/.
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