“Let us realise the arc of the moral universe is long but it bends towards justice”

Mar 20, 2023 Letters

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Dear Editor,

Kaieteur News – Advocates of Western liberal democracy would have us believe that law and politics are separate and that justice is blind, fair, consistent and available to everyone. In the United States, the world’s leading defender and exporter of democracy, this benign view has suffered significant setbacks within recent times, particularly with the reversal of Roe v. Wade by the US Supreme Court seemingly on the basis of ideological and political considerations, and now polling data has demonstrated that 58% of Americans distrust and disapprove of the conduct of the Supreme Court. Laurence Tribe, Professor Emeritus at Harvard University and co-founder of the American Constitution Society, whose notable students include President Barack Obama and Chief Justice John Roberts, has offered the opinion that the “US Supreme Court is hardly a court at all”, and there have been calls from several quarters for the introduction of ethical standards, including legislation, for justices of the Supreme Court, and possible restructuring, in the wake of ostensible political and ideological biased statements and decision-making.

We are all painfully aware that the March 2, 2020 General and Regional Elections in Guyana was the most contentious, disruptive, violent, litigated and controversial in our history largely because 7 of the 8 participant political parties rejected the release of results and instigated violent protests resulting in international intervention; the overturning of declared results by the High Court and the Guyana Elections Commission (GECOM); amendments to the Election Laws and  introduction of a new electoral regime, including new categories of election officers, contrary to the advice of GECOM’s Legal Adviser and State Counsel; the removal of senior elections management and the institution of scores of criminal charges against them and agents of the opposing political party; the filing of two election petitions and the creation of a Presidential Commission of Inquiry into allegations of misconduct surrounding these elections. However, our Chief Justice has dismissed both election petitions and judged that the election was conducted lawfully and that there were no breaches, violations or non-compliance with the laws of Guyana by GECOM.

APNU+AFC’s election petition No. 88 has been appealed to the Guyana Court of Appeal and Attorney-General Nandlall has asked the court to similarly dismiss that petition as being without merit, by which, I assume, he means that there is now no political pressure, upheaval or violent demand for a particular outcome as there was prior to a final declaration in 2020.  Mr. Roysdale Forde, S.C, believes that the Chief Justice misdirected herself in dismissing the petition and contends that Section 22 of the Election Laws (Amendment) Act is unconstitutional and that Order No. 60 is invalid, null, void and of no effect.

Former Watergate Assistant Prosecutor and the first woman to serve as General Counsel of the US Army, Jill Wine-Banks, explained lawyering strategy this way:  when you are confident that the law is with you, argue the law; when the facts and evidence are on your side, argue the facts; and when you have neither, employ theatrics and demand a dismissal. I believe that the Attorney-General is aware that the law and the evidence are not on his side, but are with the former GECOM Legal Advisor, State Counsel and Senior Counsel Forde, and is therefore opposed to a full examination and adjudication of this matter. Moreover, my own, limited, understanding of legal matters suggest that for an action to be lawful one must possess both a right, and proper justification for the exercise of that right. For example, a police officer can possess a right to arrest and use deadly force, not arbitrarily, but with proper justification. The GECOM Chairperson may have had the ability to take the actions she did but I seriously question her ability, under law, to discard or reject lawful results and to employ political justifications – to restore public and international confidence and acceptance of the results – for doing so.

When I reflect on the determination to dismiss this matter without serious examination and final resolution, I am reminded of the sentiments voiced by Shakespearian Mark Anthony in his funeral oration of the assassinated Julius Caesar: “O judgement! Thou art fled to brutish beasts, and men have lost their reason.” I cling to the hope and belief that there are some in the judiciary that have not lost their reason, nor fealty to the constitution, and repeat here the words of the late Dr. Martin Luther King jr. that “Let us realize the arc of the moral universe is long but it bends towards justice”.

Sincerely
Oscar Dolphin

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