H@rd Truths By GHK Lall – Justice Rishi Persaud’s ruling

Jun 10, 2023 Features / Columnists, News, The GHK Lall Column

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Kaieteur News – Guyanese now have another frenzy in which to sink their teeth.  However as we may view or react to Judge Rishi Persaud’s decision, let us remember to manage ourselves well, with a bow to the lofty space that members of the judiciary occupy.  I admit that there is some difficulty with the learned judge’s decision relative to the unlimited parent guarantee aspect of what came before him.  And though there is also surprise at some of his peculiar pronouncements from the bench, there still is appreciation for the independence of the judiciary, and that the judge’s decision is the judge’s decision.  All the effervescent excitements and laudatory reactions that greeted Judge Sandil Kissoon’s original holding must also prevail in this instance, no matter our disappointment, regardless of our thinking and conclusions to the contrary.

I listened to Judge Persaud’s brief live appearance in full, and heard what he had to say about “estimable” and “inestimable” in the context of an “unlimited” guarantee, and thought that this was a most curious construction.  It seems that all who breathe in Guyana nowadays are focused on a higher form of mathematics, statistics, and actuarial sciences.  Thus, as I pay tribute to Judge Persaud’s words re “estimated” and what is “inestimable” I remember old days in downtown Manhattan and the fights over probabilities.  I heard echoes of Exxon’s Super Chief Alistair Routledge and his homily about the ‘unlikely’ nature of an oil spill.  There was a single-barrel spill in September 2022, and Mr. Routledge is on the right track, for it is [highly] unlikely that Guyanese will ever know more about that supposedly small offshore oil spill. Separately, I am aware that air transport is the safest of all, but there is still insurance coverage up to one’s shoe soles.  Credit cards give it automatically and for free; IATA mandates it; and airlines themselves add a third layer.  Unlikely -yes.  The most insurance -absolutely yes, too.

My hat is doffed to Judge Persaud for he did in 10 minutes and 10 days what a certain B. Jagdeo could not get done beyond some rickety and unpersuasive mutterings of a mystery ‘acknowledgement from Exxon, for three years.  Who is pure?  Who is a patriot?  Who embodies what is painful, a panjandrum, perhaps a most pathetic peasant? Incidentally, citizens are free to attach any construction to the ‘B.’  Mine is well known.

But Judge Persaud was not done yet; he took the opportunity to hedge his intellectual and judicial bets further (probabilities, again).  When he learned judge decided it was okay to dip his toe into murky water, he was anything but predictable in what came from his head via his mouth: substantial probability of success with an appeal.  For whom, the EPA?  Like I said, Judge Persaud sounded more like an actuary than the venerable member of the judiciary that he is.

I urge all to understand please that because it is the hallowed judiciary involved, I am stepping gingerly, using words that are delicate.  I further heard the esteemed judge speak about “doom” and “anxiety” and also referenced the possible devastating implications for Exxon should the suspension of operations come into effect.  Though justice has to be balanced, it is clear that Judge Persaud gave considerable weight to the significance of Judge Kissoon’s ruling on Exxon itself.  I will hold my fire regarding whether it was too much weight, and where else it might have been more wisely tendered.

But, from the moment I heard the Judge’s words like “unlikely” and about the absence of “judicial restraint” I felt the matter falling apart, and things going downhill.  Guyana’s goose was roasting over a slow fire, no matter how well couched.  At the conclusion of Judge Persaud’s rather taut oration, what I absorbed was that while Judge Sandil Kissoon leaned heavily in the direction of what is national, Judge Rishi Persaud’s inclination was distinctly towards what is multinational, with the related heavy odors emitted.  Incidentally, when I mention multinational, be assured that I am not speaking about any consideration for the region.

So, where do we go from here?  There is some light still in the tunnel.  For when he was questioned by counsel Jairam, SC, the judge limited himself to speaking about “soonest”, that he will “craft something to that effect” that “procedures are available” and that “he will tie it in to the order.”  Despite all this, in my estimation, this matter about a parent company guarantee, and how does one define and interpret “unlimited” will have to wend its natural way to the CCJ.  Exxon can cry about consequences to its heart’s desire, and the PPP Government can defend the company’s interests as much as it wishes, but I think (and I hope) that this case has to be the trailblazer, so that some kind of precedent set, and a final decision is handed down to bring this nasty, but altogether necessary, business to a close. Remember, regardless of what we think, let us respect Judge Persaud and his ruling.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions and beliefs of this newspaper and its affiliates.)

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• again, Guyanese now have another frenzy in which to sink their teeth, I listened to Judge Persaud’s, Mr. Routledge, probabilities, Sandil Kissoon’s

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