Bar association raises contentions over joint training for Judges, Prosecutors

May 05, 2018 News

The Guyana Bar Association (GBA) has written to Justice Yonette Cummings-Edwards, Chancellor of the Judiciary, to register concerns as regarding the hosting of a joint Caribbean Financial Action Task Force, (CFATF) training for Judges and Prosecutors held over the past two days.
The joint workshop for Judges and Prosecutors was hosted the Government of Guyana in collaboration with the Commonwealth Secretariat and the Caribbean Financial Action Task Force, (CFATF).
In its letter, the Association warned against the perception that the Judiciary is taking directions from the Executive. According to the GBA, the perception which will be created by the joint training of Judges and Prosecutors by the Government and others is that the Bench is being directed what to do to support Anti-Money Laundering Regime.
GBA continued that while this may not be so… the perception, which will nonetheless be created can have damaging effects on the public confidence in the independence of the judiciary and give rise to grounds for challenges under Article 144 of the Constitution. Article 144 of the Constitution deals with provisions to secure the protection of law.
“While we appreciate that the Bench may be sensitized about the legislation it is our respectful view that great care must be taken as to who the Bench is seen in association with and/ is taking directions or guidance from. Intermingling or once again the perception of intermingling with the executive is an inherently dangerous violation of the separation of powers and one, which must be jealously guarded against. ”
Further, the Association strongly held that at no time should Prosecutors and Judges be jointly trained and or seen to be jointly trained as their roles are different in the legal process.

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