Attorney-at-Law, Jailall Tiwari Kissoon, is a ‘Special Person’

Aug 30, 2020 News, Special Person

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Serving the legal system with integrity and excellence for five decades…

 

 

By Kiana Wilburg

Very few men who have had the distinguished honour of being a member of the legal profession, can say with full confidence that they have served wholeheartedly with integrity; that they have sought to exemplify qualities beyond exceptional analytical and advocacy skills; that they have chosen not to sacrifice their souls and morals at the altar of dishonesty, merely for the sake of increased wealth.

Indeed, very few can walk in the footsteps of Mr. Jailall Tiwari Kissoon; one of Guyana’s finest attorneys whose devotion to excelling at his craft, is enveloped by the philosophy that one must be held upright, in spirit, mind and soul, by the principles of integrity and nobility–cost it what it will!
This is how Mr. Kissoon has always lived his life, and the desire to stay steadfast in this regard increased when he was admitted to the Bar on December 10, 1965. Given his outstanding contributions to the profession as well as his passion to live a life driven by a set of key principles, Mr. Kissoon has been chosen to be featured as this week’s ‘Special Person’.
WHERE IT ALL BEGAN
Kissoon was born on November 24, 1936 to Harripersaud and Madodari. He was their fifth pride and joy and lived a life of peace and principle with his 11 siblings at an expansive two-storey house at Clonbrook, East Coast Demerara.
During an exclusive interview with Kaieteur News, he recalled fond memories of playing in the open space of his yard with his siblings amongst fragrant flowers and fruit trees. Kissoon recalled that his father did not allow him or his siblings to leave the yard. His father was not only deeply protective of his family but Kissoon noted that his dad was also a true provider, a quality he has always endeavoured to replicate.
As for his mother, Kissoon unashamedly painted himself as being “an apron child.” He never wanted to leave her side. Whether she was hanging out clothes or cooking, he was there. She taught him how to sew along with other fundamental life lessons while stressing that someday, he would have to go away to study and rely on those skill sets. Though she imparted those words when Jailall was merely eight years of age, he would soon learn that his mother was not only deeply loving but more so insightful.
FROM PRIMARY TO SECONDARY
In his own words, Jailall noted that he often “cried like hell to go to school.” He attended Ann’s Grove Roman Catholic, a primary school that carried from first to sixth standard. Having left

Primary School in 1951, he shared that there was no secondary school and so he stayed home. Upon observing this and being critical of same, his uncle Harripersaud who passed away, told his father that Jailall and his brothers needed to be in school. His father heeded the advice and subsequently enrolled Jailall at Theiren’s, a private school that was run by Stanley Ateris, a retired headmaster from Ann’s Grove RC. The private school, Jailall recalled, had no more than 10 students and he would stay there for two years studying only English, Math and Poetry.
At the age of 16, he had completed the learning curve at the institution but was promised by the headmaster that he would be registered to sit for Junior Cambridge. Unfortunately, he learned from an old teacher from RC that Junior Cambridge was abolished since 1947. Annoyed with the false hope of higher learning, Kissoon complained to his mother that the institution was a street to nowhere and that he would not be returning as well.
A decision was made to send him to a high school in the city but his father, the protective lion of the family, was not entirely at peace with this. He worried that the hustle and bustle of city life and the transportation, in particular, could lead to his worst fears becoming a reality.
Those fears, however, did not prevent him from doing what was best for his son. He subsequently settled on a school which did not see much public transportation in the streets, thereby increasing the chances of an accident. He had selected the Indian Education Trust which was located at Ptolemy Reid Hospital at 142 Carmichael Street.
Every day, a 17-year old Kissoon woke up at 5: 00 am, took the train from Cloonbrook to Georgetown, a 17-mile journey, and on his father’s instructions, walked in the avenue, crossed Lamaha Street, and proceeded to his new school which carried an American styled system.
Jailall started on September 3, 1953 with his brother as a freshman, and after three months, he was promoted to sophomore. Having spent two years there and excelling in his studies, he moved up to the junior level and was encouraged to write GCE for which he did three subjects and passed two, History and English.
Kissoon recalled one of his most memorable moments at the school as being able to serve as one of the Senators on the Student Council, a responsibility he took very seriously. He recalled that a Senator ensured the school was run properly and students were punctual. He also noted that every Friday, a member of the Senate would have to address the entire assembly. And more significantly, every month or two, the assembly was addressed by some of the nation’s brightest minds such as Sir Lionel Luckhoo, Jai Ramphal, and his son, Sir Shridath Ramphal.
One fateful day, an 18-year-old Kissoon was called by his principal, Richard Ishmael, to address the school, the very day Sir Shridath Ramphal was present. The fast bowler and head of the School’s debating team impressed both of his role models. So much so that Sir Shridath Ramphal told his principal that he would advise that he takes up law. And so he did…
A TASTE OF THE LAW
Following his departure of Richard Ishmael in 1957 with seven subjects at GCE, Jailall told his father of his interest in studying law. With a keen interest in granting his wishes, his father took young Jailall to one of his uncles, Ragunandan, who worked as a Chief Clerk at the Courts. Ragunandan was informed of his nephew’s desire to study the law but his uncle imparted a pertinent piece of advice.
Jailall said his uncle told him that there are many lawyers who leave to study the law but when they return, they are unable to explain some of the fundamentals such as what is a summons, what is a complaint or even a will. It was on this premise that Jailall was advised to work in a legal department before he pursues the theoretical aspect of his career.
Though he was not pleased with the decision to get a mere taste of the law, Jailall still heeded the wise words of his family member. He subsequently filled out an application and took it to the Public Service Commission where he was interviewed by two persons and as faith would have it, they assigned him to the Supreme Court Registry. Having assigne

d him there, he became Registrar for the Judges. With that post, Jailall got the opportunity to hear the nation’s lawyers filled courtrooms on a regular basis with their rich arguments. He also had the pleasure of hearing the decisions of the judges, which were imbued with the fire and essence of the law.
Soon enough, his quarrel with his father to pursue studies first ended and the joy of acquiring practical skills took its place. Jailall was keen to note that he shared a very cordial relationship with judges but did not hesitate to note that his favourite was Sir Harold Bollers who became Chief Justice. With the late Justice Bollers as his first guardian in the world of law, he attended different courts around the country and gained a wealth of knowledge and a deeper love for the profession.
He also shared that there were fond memories of working with the late Justice Akbar Khan and Justice Fraser who was unfortunately murdered in Jamaica. The late Justice Fraser, he said, was a stickler for correctness and he admired that very much.
LAW SCHOOL
From the sweet stories he shared of learning from his first teachers of the legal profession, Jailall was convinced he had fallen into a groove, which he was comfortable with. But a new turn was waiting for him.
The avid reader shared that Mr. Bollers, his favourite Judge, summoned him to his Chambers and the conversation was one, he remembers verbatim. “Sit down Jai Kissoon. Do you intend to spend the rest of your life in public service?”
His response was a resounding “No!” Jailall added, “I intend to study law when I get my leave in July.” The late Justice Bollers was pleased with this and informed Jailall that he could expect a recommendation from him.
When Jailall applied for his leave, he said that the Deputy Registrar at the time, Aditya Singh, had to approve it. When Singh was told of the purpose of the leave, he made it clear that it would only be approved on the condition that Jailall would resign. Even though no one else was subjected to this, Jailall acquiesced.
Having sent his application to the Inns of Court in London in July 1962, Jailall was admitted on August 1, 1962. When he arrived there to pay his fees, he was sure to take a celebratory drink. There, he met several Guyanese and Trinidadian students. They all stayed at a place called Stratum.
It was Jailall’s first winter and he recalled it being terribly cold. During his time there, he shared that he wrote to his father about his studies and made it clear that he would not return until it is time for him to become a lawyer in Guyana.
A passionate student of the law at the time, Jailall shared that he tried his hand at Roman law, Constitutional Law and Legal History, and Contract and Tort. He passed all four. Jailall then decided that he was going to try Criminal Law and Real Property. Again, he excelled. At the age of 29, this was a significant achievement for him.
He would move on to serve six months at the Chambers in England with Ashe Lincoln Chambers. Jailall said he did a lot of observing and researching while attending the Crown Court with Ashe who he said was a Queen’s Counsel. After that, he returned to Guyana where some of the most significant chapters in his life would continue.
HIS FIRST BRIEF
It was February 1965. Senior Counsel Rex McKay had given Jailall his first brief. The case: Two persons charged with rape. The Prosecutor was George Pompey, and the case was being heard by Justice Akbar Khan.
The facts: A lady had claimed that she was going home in a hire car and two boys from Farm, East Bank pulled her into a corner and raped her in a bush.
Jailall contended that his clients are innocent. During the cross-examination, the woman entered the witness box and was asked about her profession. She shared that she worked at a hotel on Lombard Street.
Attorney-at-Law, Jailall Kissoon, asked if she had gone to the doctor after the incident as she said they had pulled her through barbed wire, glass and so forth, therefore, there should have been injuries on her leg, etc. This question was posed since a medical examination showed that there were no such injuries. Though she was told of this, t

he woman maintained her story.
It was time for the doctor who had examined the two boys to be cross-examined.
Jailall said that the medical officer was asked if he saw smegma, a sebaceous secretion in the folds of the skin, especially under a man’s foreskin. The doctor answered in the affirmative. He was then asked to say how long it takes for that quantity he observed to accumulate to which he responded, 48 hours.
When asked to say if one had sexual intercourse, what would happen with the smegma, the doctor said that the friction and the fluid would wash it away. Considering this, the doctor agreed with the lawyer’s argument that the accused could not have had sex within the last 24 hours.
The Prosecutor of course was not pleased with this revelation so Dr. Balwant Singh was brought in to contradict his fellow practitioner. But when he got into the witness box, he too said that his colleague was correct.
In his address to the jury, Jailall argued that the complainant lied about being hurt at the scene.
The Jury upon contemplation of what they heard in court, returned a not guilty verdict. Jailall said that the judge then addressed the young men and said, “Do you know it is said cleanliness is next to godliness. But you are lucky. Sometimes, it pays to be unclean.”
Having such a win for his first case, cemented in Jailall’s heart, mind and soul was that this is what he was born to do.
By the April sessions for the court, the Director of Public Prosecution (DPP) had sent for Jailall to work on behalf of the State. He was paid by the day. He was then asked to join the Attorney General’s Chambers in 1966 and became a State prosecutor for seven years until 1973.
KISSOON AND KISSOON
When he left in 1973, Jailall and his brother Nandram, started the prestigious Kissoon and Kissoon Law office that is located on Hadfield Street.But Nandram, he said, was recruited to become a prosecutor while he continued alone. He was recruited by the DPP’s Chambers and then he became part of the AG’s Chambers.
Politics: Meeting Burnham
Jailall’s most momentous step into the world of politics started with his introduction to one of Guyana’s most celebrated leaders, the late Linden Forbes Sampson Burnham. He had heard this respected orator deliver many speeches in the 1960s and 20 years later, on his birthday, it was the late Jeffery Thomas who had approached him and asked that he speak on Burnham’s platform at Melanie Damishana. Jailall said he accepted and turned up at the venue promptly at 6PM. The one person who did not expect his arrival was Burnham.
Jailall said that the place was packed but that did not erupt in him any feelings of nervousness. He stood before the crowd and told them of the constant complaints of Burnham’s rivals, many of which are often illogical.
In his eyes, Burnham presented his people with opportunities that many took for granted. Mind you, Jailall was still practising law while helping Burnham on the campaign trail.

Burnham would move on to becoming the next President of Guyana and after he won, Jailall was positioned to become a Minister. But his principles would not let him accept the post after learning that he was required to join the party first as well as become a “Yes man”.
Along came Hoyte
By 1985, Guyanese politician, Desmond Hoyte, had taken over as Prime Minister and the following year, he had gotten familiar with Jailall who he subsequently made a Junior Minister of Agriculture. He also served at the then Ministry of Environment.
Given his tenacity for politics and how he aptly and poetically married or laced it with the power of law, Jailall was soon moved to the Office of the Prime Minister where he provided advice and offered years of stellar service until elections were held in 1992 and the People’s Progressive Party led by former President, Cheddi Jagan, took office.
After dabbling in the life of politics for seven years, Jailall thought it was time that he returned to his first love—law.
Jailall was keen to note however that the political life did leave him with several invaluable lessons.
In his own words, he said, “Politics taught me that some men are crawlers; they would not contradict their leader. There are others who would lightly test the waters. They would never be outright in telling you no. And finally, there are some who will speak the truth in their opinion and damn the consequences.”
The respected lawyer said, “I am of the firm belief that you must speak your truth. I saw men for whom, everything is ‘Yes comrade leader’. And as soon as he left the room, ‘To (hell with) comrade leader. I don’t stand for that.”
A FAMILY FOR LAW
Mr. Kissoon who returned to law with no regrets after serving more than a decade in politics, is currently the senior partner of Kissoon and Kissoon Law firm and much to his honour and joy, he was proud to note that he and his siblings have a record for the highest number of persons from one family to be qualified as barristers at the Inner Temple. At the time of publication, the Kissoon family had over 16 lawyers.
Life today
Though his love for the law has never waned over the past few decades, Jailall admitted that the appendages of old age have not allowed him to feverishly practice the law. The 83-year-old noted that he consults on cases.
“My children do not wish me to attend court but I consult with them on legal issues. And we discuss cases so I have become a backroom lawyer. Most of the time, I relax and I am focusing constantly on what I call my success due to the grace of God whom I love and have sincere devotion and cry in gratitude and thankfulness while seeking forgiveness for my errors.”
Though he remains proud for his material accomplishments, such as the honour he received last year from the Bar Association for serving 50 years in the distinguished profession, Kissoon said unreservedly, that his most invaluable treasures/achievements remain the love of his life, the late Champawattie and the fruits that love bore: Mahendra, MBA; Rishi, a lawyer, Rene, a lawyer; Sandil, a Judge; and Satyesh, who is also a lawyer. Kissoon noted that his children and the love they bestow upon him are indeed the greatest glory he receives while adding that he is so deeply and unequivocally proud to have them at his side.
He shared that his wish for his family is that they are led by integrity at all times. “Even if they have to eat mud, honesty and integrity must always remain the bedrock of the family while pursuing knowledge with God’s grace,” said Jailall who made it pellucid the power of being led by principle and devotion to God is the greatest gift, the great legacy he hopes to pass on to the next generation of Kissoons.

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