APNU+AFC officials charged for Cybercrime offences

Jan 23, 2022 Court Stories

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By Renay Sambach

Kaieteur News – Cybercrime is the use of a computer to carry out illegal acts. Cybercrimes are usually done with the use of the internet and the different instruments that it has available.
While most people are not aware of this Act and the offences that fall under the Act – some penalties carry as much as a $10M fine along with five years jail time.

The most common offence under the Cybercrime Act is, “Using a computer to publish or transmit computer data that is obscene, vulgar, profane, lewd, lascivious or indecent with intent to humiliate, harass or cause substantial emotional distress to another person.”
Since the passage of the Bill, numerous persons were charged and put before the court.
This article focuses on officials of the A Partnership for National Unity + Alliance For Change (ANPU+AFC) who were charged under the Cybercrime Act.

PRINCE HOLDER
The first APNU+AFC official who was charged under the Cybercrime Act was the former Chairman of Region Two, Prince Holder – he was charged in September 2020.
He made his first court appearance in the Anna Regina Magistrates Court, where he was charged for Cyber-bullying. Holder was charged with using a computer system to humiliate a person contrary to Section 19 (5) (a) of the Cyber Crime Act No.16 of 2018.
The charge was read to Holder by Magistrate Nylon Bess. The charge alleges that on June 7, 2020 at Henrietta Village in the Essequibo Magisterial District, via WhatsApp video call, Holder used a computer system to publish or transmit electronic data of Tamesh Jagmohan that is obscene, vulgar, profane, lewd, lascivious or indecent with intent to humiliate, harass or cause substantial emotional distress to Mr. Jagmohan. Holder denied the charge and he was placed on $10,000 bail.

ANNETTE FERGUSON
On July 16, 2021, APNU+AFC Member of Parliament, Annette Ferguson, was placed on self-bail when she appeared before a City Magistrate to answer to a cybercrime charge.
The Opposition MP appeared in the Georgetown Magistrates’ Courts before Senior Magistrate, Leron Daly, in the company of her lawyer, Lyndon Amsterdam. Ferguson denied the charge, which alleges that on June 15, 2021, she used a computer system to transmit data with intent to cause substantial emotional distress to a senior officer of the Guyana Defence Force (GDF), Colonel Omar Khan.
Based on the application that was made to the court by Ferguson’s attorney – Senior Magistrate Daly placed Ferguson on her own recognisance.
According to reports, the Opposition MP was charged for falsely alleging in a Facebook post that Khan will be in charge of a ‘killing squad.’
Kaieteur News understands that Ferguson’s post, which refers to the “setting up of Death Squad and Black Clothes groups”, stemmed from discussions had during the considerations of Financial Paper 2/2021 during the parliamentary session on June 14, 2021.

During the debate, Minister of Parliamentary Affairs and Governance, Gail Teixeira, told the House that the concept of the Regional Joint Support Teams is a new crime-fighting initiative formulated in April 2021, and that the supplementary provision for the period ending December 2021 is to “set up” the initiative.
The Government MP had explained that the Regional Joint Support Teams will not denigrate or usurp the functions of the GDF or the GPF, but is intended to enhance the capacity of the law enforcement agencies in Guyana to fight crime, regardless of the type of crime, with the support of the GDF.
However, following that parliamentary session, an online news agency published a story headlined, “Exclusive: PPP secures $250 million budget to resuscitation Black Clothes Death Squad.” The Opposition MP subsequently shared the article with her own commentary. Both the Joint Services Coordinating Council (JSCC) and the Ministry of Home Affairs had condemned the Opposition MP’s post and cautioned citizens against the “reckless and irresponsible social commentary.”

SHEROD DUNCAN
The most recent matter is that of Opposition MP, Sherod Duncan, who was on Monday placed on $200,000, bail for allegedly referring to the IT Manager of the Guyana Elections Commission (GECOM) as a ‘jagabat’ and ‘trench Crappo’.
Duncan appeared in the Diamond/Grove Magistrate’s Court before Principal Magistrate Judy Latchman, in the company of a battery of lawyers: attorneys-at-law Khemraj Ramjattan, Nigel Hughes, Narissa Leander and Amanza Walton-Desir.
The MP denied the charge which alleges that on January 11, 2022, without legal or lawful justification or excuse, he used a computer system to publish electronic data about Aneal Giddings, an IT Manager at GECOM, with the intent to humiliate and embarrass and to cause emotional distress.
Principal Magistrate Latchman first granted the Opposition member bail in the sum of $275,000 but later reduced the bail to $200,000, after an application was made to the court by Duncan’s lawyer. The matter was then adjourned to February 10, 2022.

According to reports, Duncan allegedly made the derogatory remarks against Giddings during his ‘In the Ring’ talk show. It was reported that around 11:30hrs on Wednesday last (January 12), Giddings, a 36-year-old resident of Diamond, East Bank Demerara, filed a complaint against Duncan, in which it was alleged that the Opposition MP made a number of derogatory statements against him on January 11 last during his show. Duncan is alleged to have referred to Giddings using the disrespectful names which are said to have caused significant emotional stress and humiliation. The police had reported that the video was identified and downloaded from the Facebook page under the name ‘Sherod Avery Duncan’ by Inspector Blair and a statement was taken from Giddings.Kaieteur News had reported that following the report that was made by Giddings, Duncan was invited to the Criminal Investigation Department (CID) Headquarters, Eve Leary, Georgetown. Upon his arrival, he was arrested and the allegation was put to him.
Duncan denied the allegations and was later released on $100,000 station bail and was subsequently brought before the court and charged under the Cybercrime Act.

PENALTY
Anyone who is found guilty of ‘using a computer system to coerce, harass, intimidate, humiliate, etc., a person,’ at the Magistrate’s Court level, will be liable to a fine of $5M and three years’ imprisonment. If the matter is tried indictably and the person is found guilty of child pornography in the High Court, he/she will be liable to a fine of $10M and five years’ imprisonment.

HISTORY
Guyana’s Cybercrime Bill 2016 was presented by the then Attorney General and Minister of Legal Affairs, Basil Williams. It was published on August 4, 2016. After the Bill was presented to the National Assembly, the proposed Section 18, ‘Sedition,’ had caused a public outcry. However, on July 20, 2018, the Coalition Government used its majority to pass the Cybercrime Bill with an amendment expunging the controversial sedition clause.

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