AG rejects claims of discrimination by Lyken Funeral Home

Aug 18, 2021 News

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Kaieteur News – Attorney General, (AG) Anil Nandlall SC, has rejected claims that Lyken Funeral Home is being subjected to discriminatory treatment, in wake of the recent decision taken by the Ministry of Health and the Guyana Police Force to discontinue business with the parlour.

Earlier this month, co -founder of the home, Dawn Stewart, announced that she had initiated legal action against the Health Board, an arm of the Ministry of Health, after it instructed the Guyana Police Force (GPF) to not do any more business with her company.
Stewart said while the Ministry of Health’s reason for withholding business from the parlour, was because it was in breach of some health protocols, this is the case. She claimed that the parlour was compliant with all the necessary protocols, hence, the move was one meant to discriminate against her.
In response to a letter written by attorney for the funeral home, Khemraj Ramjattan, Nandlall explained that his careful examination of the matters related to the claims of discrimination, prove otherwise.
The AG noted that among other things, the requirements which were imposed upon Lyken were also imposed upon each and every funeral operator.
“Significantly,” he added “every other operator in the sector has complied with this request except for [Lyken]”.
In the letter, the Attorney General noted that interestedly, from the first year an application form was received from the funeral home completely filled out with supporting documentation signed by Gordon Lyken.

He said therefore: “For your client to now allege that this licencing requirement, and the fees payable in relation thereto are new impositions, is ingenious….I dare say there has been resultant compliance from each of those operators, other than your client. In the circumstances, all and every allegation of discrimination is hereby rejected.”
The AG noted too, that the sector in which Lyken operates is one that can easily constitute a public health hazard, if not scrupulously managed and conducted.
Added to this, he said “You will agree with me that the Public Health ordinance which encompasses the main regulatory network of this sector, as well as, the nation‘s public health apparatus, is completely archaic and out of sync with the modern realities. The COVID-19 pandemic made this excruciatingly clear.”
Nandlall noted too, that on December 14, 2011, at a meeting of the Central Board of Health, a decision was taken to have all funeral homes inspected and duly licenced with payment of an annual licencing fee of $20,000 per annum. This decision was made to the subject regulations duly promulgated under the Public Health Ordinance.
According to the AG, since 2012, funeral homes were notified of the decision and were informed to make formal applications for licences.
As part of the process, Nandlall outlined that in the routine discharge of their statutory duties, the public health ordinance, inspectors carry out inspections at periodic intervals at the premises of operators in the sectors.
The AG noted that it was during one of these inspections during 2019, that it was drawn to the operators of Lyken‘s Funeral Home, that the stench emanated from their operations, specifically the refrigeration units, which accommodated the decomposed bodies.
According to Nandlall, the owner was notified by way of a letter dated June 27, 2019, of recommendations that corrective measures be taken to address the fundamental public health issues.
“…This quite lengthy letter was to then Director General, Joseph Harmon, Minister of Public Health, Volda Lawrence, Minster of Social Protection, Minister of Public Security, Commissioner of Police, Director of Environmental Protection Agency and Mayor and City Council…Your client has either failed, refused, and /or omitted to address this eminently dangerous public health hazard to which thousands of Guyanese are exposed,” Nandlall added.
Significantly, he said that the funeral home has never denied the toxic nature of their operation nor the hazardous state.
He continued: “The response has always been one of seeking more time to rectify what they, by their conduct, have accepted as a serious public health hazard… Indeed I am enclosing a letter dated 21 January, 2021, in which Gordon Lyken informs Ms. Johnson that a separate facility to store decomposing human remains is being constructed at Lyken Funeral home, and that the facility was about 90% completed and he requested some 3 months for its completion. Clearly, the three months have expired without avail. I am instructed this is merely one of the several extensions granted to your client.”
In the circumstances, Nandlall noted that the decision arrived at by the Central Board of Health was neither capricious nor whimsical. This drastic but necessary decision was taken in a global public health pandemic and in the public best interest.
Moreover, the Attorney General said that given the contractual arrangements, he has advised that any monies owed to Lykens by the Guyana Police Force, should be discharged within a reasonable time.

 

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