Judiciary does not exist to do the bidding of any arm of the Executive - Bar Council

Judiciary does not exist to do the bidding of any arm of the Executive – Bar Council

Jul 25, 2018 News

Deputy Director of SARA, Aubrey Heath-Retemyer

The Bar Council of the Guyana Bar Association is displeased with recent statements made by Deputy Director of the State Asset Recovery Agency (SARA), Aubrey Heath-Retemyer.
The official had said that the Judiciary needs urgent training to understand the seriousness of the work being done by the Special Organized Crime Unit (SOCU).
Retemyer’s comments were made on the premise that SOCU in the last few months faced several challenges in getting orders from the courts to obtain information from the banks. He said that SARA is paying attention to the manner in which SOCU is being treated. Based on his observations, Retemyer believes that there is a stark disconnection between the judiciary and the thirst of the nation for an end to corruption.
He said, “We can’t say if the requests SOCU made for orders from the Court were prepared properly, but we think that we have technically competent people to prepare these things in a manner where we would be able to dot all i’s and cross all t’s. At the same time, we believe that the courts of this country seem not to favour (such requests by entities).”
He added, “There are times when the society of a country demands so much of the legal system that there is a wave of change and the legal people are far more inclined to see justice prevail than they are to apply the law to stop legitimate progress in the direction of fighting corruption.
In other words, there are some countries like Brazil and Argentina where the court is highly trained and far more in tune with what the national psyche is, what the people really yearn for.”
The Bar Council interpreted this to mean that the SARA Director is attempting to direct the work and functioning of the Judiciary. As such, it sought to remind of Article 122.A of the Constitution which says, “All courts and persons presiding over the courts shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive and any other form of direction and control.”
The Council said that Retemyer, as the Deputy Director of an important agency of the Executive, is obliged to avoid any action, including the making of public comments, which can be taken as an attempt to direct the working and functioning of the Judiciary.
It also took umbrage with Retemyer’s statement that the Judiciary needs training (presumably by the Executive) to ensure that the work of SARA and SOCU gets done. In this regard, the Council said, “In Guyana, as Mr. Heath-Retemyer should be aware, justice is done when the Judiciary applies principles of law to evidence proved in Court. Since the Judiciary does not exist to do the bidding of the Executive, the rights of Guyanese citizens and the application of the rule of law take precedence over the granting of remedies in a speedy manner to the liking of the Executive.”
The Bar Council continued, “Any insinuation that the Judiciary is somehow lacking in knowledge is unjustified, without merit, and could dangerously shake the confidence of the public in the ability of the Judiciary. Guyana is a democracy where the law is applied by an independent and impartial Judiciary whose function includes restraining unlawful excesses by the Executive, including Mr. Heath-Retemyer and SARA/SOCU.”
It added, “If that agency is not satisfied with the legal requirements in discharge of its functions, then the Bar Association assures the public that the fault does not lie with the Judiciary and/or its training.”
The Association called for Retemyer’s comments to be condemned by the Government, for not being its view of the Judiciary, and by the citizens of Guyana as being an unjustified attack by an agent of the Executive on the independence of the Judiciary and in violation of the principle of separation of powers.
It also called for Retemyer to issue an unconditional retraction, apology, and refrain from making any similar statement in future. The Bar Council said that it has every confidence in the ability of the Judiciary, and will at all times stand guard and rebuff such attacks.