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THE LAW MUST BE FAIR TO ALL

Sep 02, 2016 Editorial, Features / Columnists

No matter how one looks at it, most would agree that Guyana is a divided country. The divisions are to be found in almost all areas. They range from the very bottom rung of the economic ladder in terms of poverty and wealth, to the elite in terms of power, to the political parties in terms of race-based voting and to the legal system in terms of different laws for the rich and poor.
Our focus is on the latter, which has become a serious threat to society, as there is the persistent claim by a large portion of the population that there is one law for the rich and another for the poor.
In Guyana like in many other countries, the rule of law is the foundation on which democracy is built. The nation must be assured that the admonition in the American Constitution that all are created equal is, in fact, true. The failure to make this a reality in Guyana is troubling. There were officials in the last administration who committed atrocious acts against the citizens, but were not charged because they were deemed to be above the law due to their status.
A case in point: a senior government official had caused a traffic accident and left the scene. It was alleged that the official was under the influence of alcohol. After the case was examined, it was determined that there was not enough evidence to file charges. Had that been an ordinary citizen, he/she would more likely than not have been charged with a felony – for leaving the scene of an accident and for driving under the influence.
The abovementioned illustrates the perceptible inequality in the justice system. It also suggests that the dictates of the last administration were overwhelming. While the average citizen was always at the mercy of the courts, in terms of being jailed for petty crimes, the rich and powerful who committed atrocious acts were not even investigated much less charged.
In the traffic accident mentioned above, a special investigator was appointed to investigate the matter, not the Traffic Department. It was reported that the injured parties were not interviewed but were told by the investigator that the official would take care of them. There was no furtherance of the case. This is the how the justice system functioned under the previous administration.
Since taking office, the incumbent has done very little to change the system to make it even appear fairer to the average citizen.
Independent bodies that have the authority to intervene in criminal matters have done so selectively over the years.
In light of the fact that the State Asset Recovery Unit (SARU) discovered that the country’s best ocean front land at Sparendaam was sold at below the market value to members and friends of the PPP, civil charges were recommended. It may be perfectly legal, but for some reason it does not pass the smell test. Had it been ordinary citizens, one wonders whether criminal charges would have been filed against them, as was called for by SARU. This is a pertinent observation in the grand scheme of things.
The justice system remains unconvincing to those who do not have the means to enjoy its good graces. It must not be left to jurists to restore its reliability. The government and other relevant entities must make sure that the law is applied fairly across the board. This will probably put an end to the allegations that the judiciary is biased against the poor. In most instances, the sentences handed down to the poor are much harsher than what the wealthy receive for the same offence. That is wrong. The law must be fair to all.

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