Govt.’s boastful connections with CCJ may be ‘incestuously’ real

Mar 29, 2019 Letters

DEAR EDITOR,

The presence of Sir Francis Alexis as part of the govt.’s team at the Court of Appeals’ hearings on the no-confidence ruling is a cause for concern for all fair minded Guyanese. Given Alexis’ other important high offices within the CARICOM legal system, and the govt.’s boastful connection with the CCJ, such concern is not unfounded. This connection/bias-view, which has appeared like a recurring decimal in recent years, had also been in the forefront of the concerns raised in debates leading up to the establishment of the CCJ.
In pre-CCJ discussions, deliberations and debates, many questions were raised about the role of regional politicians. It was posited that local politicians cannot be trusted; the CCJ can be manipulated by politicians, and as such, the CCJ cannot dispense justice. In the same vein, the judges of the CCJ were seen as products of the local untrustworthy political culture, which naturally casts doubt upon the trustworthiness of the CCJ. Perhaps it was that mindset which has stymied other jurisdictions, most notably, Trinidad and Tobago and Jamaica, from accepting the CCJ as their final arbiter.
During the recent no-confidence Court of Appeals’ hearings, concerns were raised by lawyers, notably, respondent lawyer, Mr. Datadin, about the perceived bias of having Francis Alexis on the government team of lawyers. This is due mainly to the fact that Dr. Alexis is a member of the Regional Judicial and Legal Services Commission that, among other functions, hires and fires judges of the CCJ. Given his stature within the regional legal system, he should not appear in cases, which potentially can reach the CCJ. His presence and active participation, not only lend credence to the perception of bias, but may signal undue influence on the CCJ Panel of judges.
Similarly, concerns were raised in 2018 about the government’s relationship with the CCJ. For example, Ray Alexander, in a letter, ‘Incestuous conflict of interest at CCJ on Guyana case’ in the Guyana Chronicle (Apr. 16, 2018), alluded to the possible bias of Sir Dennis Byron against Dr Jagdeo’s bid for a third term. It should also be noted that Richard Layne, the grandson of current GECOM chairman, Judge Patterson, prepares briefs and offers advice to Byron on matters before the Court. It should not have surprised anyone when the AG, Mr. Williams boasted about the government close relationship with the CCJ, something that so far has not been denied by any member of the CCJ Panel. Peter Ramsaroop, in his letter to The Guyana Times (March 22, 2018), had raised similar issues and concerns.
In essence, such boastful government connections with Sir Byron and the CCJ, and the inclusion of the high-powered Sir Alexis in the recent Court of Appeals’ no-confidence case give much food for thought. At minimum, these messages/appearances send a clear indication of potentially real bias in the pending CCJ ruling.

Yours faithfully,
Ronald Singh

Discover more from Kaieteur News

Subscribe to get the latest posts sent to your email.

Latest News