I have written the JSC on the trial of Kwame McCoy et al

Aug 25, 2016 Features / Columnists, Freddie Kissoon

The press cannot report on court hearings that are ongoing. The court takes a serious view of that, and contempt proceedings are likely to occur. In the United States, there is a completely different approach. The networks have legal analysts and at the end of each day, the analysts assess the weight of the evidence so far and ponder on the question of the purpose it serves to both the prosecution and defence.
In Guyana, there can be debate in the press on what is reported in a court case. The most famous example of this was in the libel trial where then President, Bharrat Jagdeo sued me and this newspaper. In testimony that was reported in the press, chief witness for Mr. Jagdeo, Roger Luncheon told the court that there was no African Guyanese at the time eligible for a diplomatic posting in Guyana’s Foreign Service, and that the government sold a plot of land in Pradoville 2 to a PNC official in Linden, Mr. Mingo. From that day, there was widespread debate on those two revelations.
On Tuesday, I gave testimony in the trial of Kwame McCoy, Jason Abdulla and Shawn Hinds for the 2010 attack on me. What transpired in the courtroom was in the press. In fact, I got a call informing me that the reporting was on one of the television channels. This newspaper has reported on what took place in the courtroom. I am deeply perplexed at three strange occurrences in that court and reported in the media. I went home and composed a letter to the Judicial Service Commission (JSC) asking for an inquiry. I am fearful of returning to give evidence in that trial until three grey areas can be made explicable to me.
First, Attorney Latchmie Rahamat requested the magistrate to issue me with an official warning. I was taken by surprise, because it meant I had committed an indiscretion. My duty was to ask for a description of that indiscretion. I twice made that request to Magistrate Latchman. The magistrate didn’t ask Ms. Rahamat what I should be warned about. The magistrate didn’t meet my request. Given these circumstances, I have to re-enter that courtroom to answer Ms. Rahamat again. Could she again ask that I be warned? Warned for what?
Secondly, before Attorney Glenn Hanoman could ask me any question, he got up, addressed the magistrate, requesting she take into account my demeanour, and that demeanour should have a bearing on the outcome of the case. The magistrate nodded her head in agreement. Again, the court had an obligation to explain what unbecoming act I had committed. I asked the magistrate twice for an explanation so I can avoid the charge again. She did not meet my request.
I come to the third occurrence. Under cross examination by Mr. Hanoman, there were questions I did not understand, and could not understand, because the juxtaposition of words made no semantic or grammatical sense. One vivid example should be noted. I was asked about my attacker, “You didn’t see him never again.” I could not answer that question in the grammatical form it was put, because the sentence construction was terribly bad grammatical presentation. There were several questions of a similar nature. I was asked, “When you were seeking to describe the assailant….” I never sought to describe the assailant. I told the court I would be happy to answer a question that went like this, “When you described the assailant.”
It was at this point, Mr. Hanoman asked the judge to contemplate the decision to rule me mentally incompetent to remain as a witness. I am not aware the magistrate has the psychiatric training to make such a pronouncement. I made contact with the prosecutor, Mr. Bostwick, to inform him that in all three incidents cited, he was a witness, and I informed the JSC of his status as a witness.
I don’t know what the JSC will do; if they will ignore my request for an inquiry or proceed. But it was clear to me that I was being intimidated in that courtroom and I made the bold statement to the court, for everyone to hear, that I would not be intimidated. I am not going back into that courtroom unless I can be told what it is I did to warrant a warning from the magistrate, what it was about my demeanour that could determine the outcome, and my insistence she cannot declare me mentally incompetent.
My JSC letter was copied to the prosecutor and Magistrate Lutchman.

3 thoughts on “I have written the JSC on the trial of Kwame McCoy et al”

carl veecock August 25, 2016 at 2:12 am

Freddie…Freddie..Freddie….is what wrang wid yuh?

1. you can before answering any question ask the magistrate to explain/clarify/restate
the question in correct grammar

2. you have to be polite at all times regardless of the verbal attacks defence lawyers
like to throw at witnesses

3. now practice these responses:
…. with respect, I do not understand your question
…. with respect, your question has two negatives conflicting with each other
….. with respect, I have already answered your question which was differently
framed

4. Just turn up and continue thoughtfully.
Keith Williams August 25, 2016 at 9:35 am

The PPP drummed a competent Chief Magistrate out of office because she strictly followed the rules of the Court and the law. But the current Government retain people who should never be in a position to pronounce on guilt or innocence of a citizen because they are so biased that they are simply incapable of attaining the moral and ethical heights required for such objective determination.
StanleyBeresford August 25, 2016 at 10:35 am

From a distance I have been watching,, and from a distance I have underestimated the extent and degree of asininity, evil, and wickedness that pervades this country. What I have not underestimated is the extensive need for prayer this country needs. That is what will expel those evil practitioners and terminate their wicked and malicious deeds. However those deeds must be confronted, as you are so fearlessly doing now Freddie and have done before. The attempt to intimidate you is a tool of evil that you should not give any credence / weight to. The magistrates apparent silence even though troubling could be interpreted as one bewitched and or confounded, because of a deficiency in his or her intellectual capacity. Time to face the enemy Freddie and not hold back, as they ran from you then, they will wish they had wings to fly away. now.