Govt. Ministers hammered for attacking judiciary

Dec 23, 2021 News

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…Government Minister, Nigel Dharamlall was roundly condemned for his attacks on the judiciary as he called for the Chancellor of the Judiciary, Yonette Cummings-Edwards and Justice Dawn Gregory to be dismissed after they ruled against his [party on Tuesday.]

Kaieteur News – On Tuesday, the Court of Appeal (COA) in a majority decision ruled that it has jurisdiction to hear an appeal challenging the decision of Chief Justice (ag) Roxane George-Wiltshire to throw out an election petition. The judges who presided over the matter are Justices Cummings-Edwards, Dawn Gregory and Rishi Persaud and they handed down a 2-1 decision – Justices Cummings-Edwards and Gregory allowed the appeal, while Justice Persaud dissented from their position.

With the Court’s decision, the motion that was filed by Trinidadian Senior Counsel Douglas Mendes, on behalf of Vice President, Bharrat Jagdeo and Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, SC, on behalf of the Government of Guyana, was dismissed.
In response to the Court’s ruling, Douglas and Nandlall requested a two-week stay on the ruling, so that they can decide whether they will go to the Caribbean Court of Justice (CCJ) for final determination, or if they will allow the appeal to go ahead – this was granted by the Court.
Kaieteur News has reported that the election petition #99 case, which is challenging the outcome of the March 2, 2020 elections was dismissed by the acting Chief Justice, on January 18, last, while the remaining election petition #88 was also thrown out on April 26, 2021, by the acting Chief Justice. This led to both matters being appealed by Monica Thomas and Brenan Nurse, who on behalf of the A Partnership for Nation Unity + Alliance For Change (APNU+AFC) Coalition are seeking to challenge the validity of the March 02, 2020, national elections.

Following the Court’s ruling, Minister Dharamlall in a statement on his Facebook page, which has since been removed, said “same two Judges who ruled that 33 is not the majority of 65. Their bias is obvious. They should be defrocked. Luckily, the Caribbean Court of Justice is our apex Court”. The Minister’s attack on the judiciary has been condemned by Opposition Member of Parliament and lead Attorney in the election petition case for the appellants, Senior Counsel Roysdale Forde; the Alliance For Change (AFC); the Guyana Bar Association and the People’s National Congress Reform.
Additionally, moments after the ruling, Minister of Legal Affairs and Attorney General (AG), Anil Nandlall, SC, also criticised the court’s decision. During an interview, which was posted on his Facebook page the Minister said, “The Government’s reaction is one of disappointment, we feel the learned judges of the Court of Appeal erred, the two of them and we are convinced that the Guyana Court of Appeal has no jurisdiction to hear or to determine the appeal that is before it.”

ROYSDALE FORDE
In his statement, Senior Counsel Forde first stated that he is pleased with that ruling of the court because it is sound, scholarly and right. He further added, “However, I and, I am sure, all right- thinking and law-abiding Guyanese, were stupefied and upset by the inappropriate reaction of the Minister of Local Government and Regional Development, Nigel Dharamlall who has publicly called for the dismissal of the Chancellor of the Judiciary, Yonette Cummings and Justice Dawn Gregory.”
Forde noted that the sheer impudence of Minister Dharamlall’s foolish behaviour is quite astonishing and it is the epitome of an abuse of public office. “It is the height of disrespect for the Chancellor of the Judiciary, Honourable Judges, and a demonstrated disregard for our constitution, our laws and indispensable constitutional offices and institutions.
“Who or what gives the Minister the false impression that he has the right to publicly call for the dismissal of the Chancellor, and the Honourable Justice, Dawn Gregory. It is settled knowledge, and the Minister ought to know, that neither he nor the President can dismiss, the Chancellor or Honourable Justices,” the attorney further stated.

It was then highlighted that the Minister ought to know that the positions the judicial officers hold are positions enshrined in our constitution.
Forde also condemned the comments that were made by the Attorney General. In fact, he said that the attitude of both Ministers betrays their pretense of commitment to democratic values, the integrity of our laws and good governance. He further noted that in light of the Minister’s indecent and offending behaviour, he therefore calls on Dharamlall to do the right thing and resign from the public office now. Forde also called on Guyanese to publicly frown upon and raise their voices against this callous and appalling behaviour of the People’s Progressive Party/Civic (PPP/C).
The Alliance For Change (AFC) for its part condemned Minister Dharamlall’s statement and said that the sitting Member of Parliament ought to apologise for his attack on the female judges.

The Bar Council of The Bar Association of Guyana in their statement in response to Dharamlall’s comment said while judges and their decisions are not immune from criticism, it is expected that those in leadership positions, particularly those who are part of the Executive and or exercising executive power, such as Minister Dharamlall ought to be responsible in his comments. The Council further noted that the comments made by the Minister are not befitting an office of the executive. In the premises, the said comments ought to be properly and immediately withdrawn.
Divisive, discriminatory tactic
The People’s National Congress Reform in their statement registered its strong objection to what they called a divisive and discriminatory tactic by the PPP against the two distinguished judges of the Court of Appeal.
The PNCR noted in their statement that no sooner than the Appellate Court rendered its 2-1 verdict, in favour of having jurisdiction to hear the election petition case, Ministers Dharamlall and Nandlall, launched an unsavory attack on the two Guyanese judges that favoured the majority verdict.
The Party further noted that while Minister Nandlall veiled his attack, Minister Dharamlall was blunt and crude, reflecting in no uncertain terms, the discriminatory and contemptuous position of the PPP when it comes to Guyanese professionals holding offices of power in this country. The PNCR further noted that it rejects the calculated and deliberate attack on the nation’s judiciary, and more particularly, the nation’s Chancellor, and a Senior Judge of the Court of Appeal.
The Party then noted in its statement that they are putting the PPP on notice that it will not allow the judiciary, or any other Arm of the State to be dominated, manipulated, and controlled by them. In closing, the party is calling on all Guyanese to rebuke the PPP in its attempt to divide our nation by race, class and power.

 

 

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