Is Hess’s boss telling the truth about the President assuring stay of Judge’s ruling?

Jun 25, 2023 Letters

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Dear Editor,

I would like to make public comments on the KN news story indicating that “Hess Boss tells US conference Pres. Ali assured him of stay in Justice Kissoon’s ruling before Court of Appeal handed down decision” (KN, June 23, 2023).

I find this to be very, very troubling if that is true. I would hardly think our President would do something like that. It is probably more “believable” if the article said the VP said that or the AG said that as they had rushed like Usain Bolt to announce the appeal of Judge Sandil’s decision. The PPP Government, Opposition and Private Sector have been on the same single bed with Exxon, HESS and CNOOC against the interests of the People of Guyana.

I don’t know that anyone can gave an assurance of what the “predictable,” sure outcome of a case will be unless they are psychic. You can hope for a decision to go a certain way, but until a case is heard and a decision is given, no one, not even the President or the all-powerful Vice President is in a position to give anyone an assurance that a court decision will “predictably” be what that person or company wants.

I am aware that our Judges and Magistrates are not bribable nor can they be unduly influenced to pervert the course of justice, or rule in a certain “predictable” way in accordance with the wishes of a potential solicitor or briber. Our Judiciary has independence, and our Judges have made some bold sound decisions that goes against the Government side as well as the Opposition side.

Madame Chief Justice is truly a lady of integrity, and Judge Sandil Kissoon is my new hero. I will vote for him any day if he were ever a Presidential Candidate. Who can forget the CJ’s bold, well-reasoned, solid decisions in the controversial 2020 PNC election rigging cases?

The KN article reports that: “Hess in speaking on the project Thursday was keen to note that both the oil companies as well as the government disagreed with the position of the two applicants as well as the High Court judgment ordering unlimited financial coverage.

The official said, “…I can tell you, the President was very emphatic that a stay would be put in place that would have no impact on production. The stay was put in place. There is no impact on production.”

The Hess boss added, “and I think this is just a case of the judge not understanding what the petroleum legislation was or the petroleum requirements of our production programmes were, and I think that matter has been put to bed. There was a lot of noise about it, but it was basically noise.”

On Saturday, the Hess boss said the KN report is misleading, but the released audio of what was said seems to validate the KN story. (“Hess CEO says KN headline was misleading,” SN, June 24, 2023).

So, somebody has to do some explaining on this matter. Maybe the Chancellor of the Judiciary may want to respond; maybe the Bar Association may want to make comments. Maybe the President needs to explain and set the record straight. Judge Rishi may want to respond if he gave assurance to anyone about a “predictable” decision that a stay would be issued. (I will leave the Opposition alone as they are soundly asleep regarding oil).

Maybe our investigative journalists can ask Mr. Hess to tell the Guyanese people more about this assurance that the President allegedly gave him. Was he just trying to impress his audience that they have connections, and was exaggerating? Was he so sure he has the Government in their back pockets that he can confidently say what he said? Should Mr. Hess have dissed Judge Sandil like that by saying Judge Sandil “not understanding what the petroleum legislation was or the petroleum requirements of our production programmes were…?”

When Mr. Hess said, “…and I think that matter has been put to bed,” is he inferring that there will be a “predictable” decision in the appeal before the Full Court? Does the head of oil companies routinely call the President or VP about court cases? I trust all the related folks will ring in on this matter. This new VP doctrine of courts making “predictable decisions” for investors is causing some turmoil here. To Mr. Hess – don’t ever make the mistake to think those of us who are fighting for our beloved country and wanting environmental protection and unlimited parent guarantees for liability for oil disasters are simply “noise makers.”

This is “Our Country and Our Wealth,” and we will not rest until the oil conglomerates understand you have to follow our rules and renegotiate the worst oil contract in the history of the world. You will soon understand “Peoples Power, No Dictator,” even though our Government is in bed with you.

The Government side can ill afford another potential scandal, following on the heels of the deadly inferno that snuffed out the lives of 20 of our Amerindian children due to systems failures/governmental failures, and the Dharamlall diaries for which all Guyana is wondering why is the DPP taking so long to make her announcement. The party of Papa Jagan must restore lost credibility.

Sincerely,

Dr. Jerry Jailall

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• Court of Appeal, Dr. Jerry Jailall, President, RULING, stay

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