Where were the critics before?

Jul 08, 2023 Letters

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Dear Editor,

I condemn sexual assaults, including rapes, domestic violence, murders, or any felony. It was my deep concern for the state of crimes (murder, rape, physical and other forms of violence) that I proposed a national conference on crime and the penal system during the APNU rule. There was no enthusiasm then, but I revived my call for this in 2022 and was advised to discuss my proposal with the University of Guyana (UG), a neutral institution, that hosted a similar conference in 1984. I plan to pursue this shortly with UG.

As a parent, when the Dharamlall story broke out, without knowing the details, I was stunned. I, like many others, was initially swayed by the flow of social media reports and commentaries. However, upon subsequent reflection, I recanted my position as I obtained some information from non-social media sources. I also reckon that the avalanche of negative reports and comments would play to the advantage of APNU and disadvantage to the PPP/C government. And it was for this reason that President Ali accepted Mr. Dharamlall’s resignation from the Cabinet and the Parliament, even though he was not charged by the police.

What is also evident is that the reaction by the opposition and others to the allegations of rape and sodomy has been spontaneous, unlike the reaction to other significant issues, such as ignoring the attempt by APNU coalition in collusion with rogue elements in GECOM to steal the 2020 national elections in the full glare of the world.

President Ali had asked Guyanese to allow the legal system to work (due process) and that whenever a decision on the status of the investigation is made by the police, he will take appropriate action. And he did. But Mr. Dharamlall’s resignation from Cabinet and Parliament does not satisfy some critics and opposition elements. The Guyana Human Rights Association (GHRA), for example, says, “the public interest demands trial in Dharamlall case.” How could a trial proceed when the virtual complainant withdraws her complaint? In response to other questions, if the President had fired Mr. Dharamlall or asked him to resign as soon as the story broke out, these critics would then say: “the President knew that he is guilty and that’s why he took the decision to fire him or ask him to resign.”

The critics also seemingly want to discard the established “due process” procedure as well as the judicial doctrine of “a person is innocent until proven guilty.” Why do they want to shift the burden of proof from the state to the accused, Mr. Dharamlall? Do they also want this shift for all future cases? Should this ever happen, the entire criminal justice system would crumble.

Of note, however, is that all crimes of rape or sexual abuse do not carry the same level and intensity of public reaction. The same is true for murders. The reaction varies depending on the modus operandi, gravity, and who are the victims and who are the accused. If the accused or the victim is from the middle class or occupies a position of power in the political system, the public’s reaction would be spontaneous and intense. Thus, Mr. Nigel Dharamlall’s conduct is judged at a higher standard compared with rape committed by a lower status citizen. Vidyartha Kissoon makes a crucial point: while much focus is rightfully given by journalists to the victims of rape and sexual abuse, a proportionate consideration is not given to the families of murder victims. He enquired about the status of counseling, therapy, and material assistance to families of victims. This disparity needs to be addressed.

Being driven often by emotions and sensationalism, some critics have been making reckless statements that the teenager’s family has been intimidated and the case was mishandled; that the Child Protection Agency (CPA) has been compromised; and that the teenager was denied access to legal representation. They have failed to produce any evidence of intimidation, while the CPA adhered to Standard Operating Procedures, and categorically rejected critics’ claim that the teenager was denied private legal representation (CPA: 6/26/23). All these falsehoods are designed to show that the process was perverted as well as to excite the public’s agitation. The police also issued a statement saying that their conduct was professional, and they followed the law. Critics would continue to make false claims because the outcome was contrary to their expectation.

We cannot afford to be duplicitous in cases of morality. I find no compelling evidence that critics do care for the welfare of the girl. Their focus is to humiliate the government for the alleged misconduct of one of its members. I wonder if some of these critics have suddenly found their moral compass, which was missing when the PNCR strongman, Mr. Carl Parker, the Regional Officer of Region 9, was accused of sexual assault of an Amerindian woman and was acquitted when the authorities filed the charge under a wrong section of the law. And some of these critics would know of the rape allegation against Mr. Robert Corbin, a then PNC MP who later became the Leader of the Opposition. Mr. Corbin did not resign. And what about the sexual assault case against a former APNU-AFC Speaker of the National Assembly? He did not resign either. Where do critics stand on an APNU MP who was accused by her husband for abusing him? Does she have any moral basis to attack anyone for sexual abuse?

Regarding the Dharamlall’s case, John Mair notes that no one comes out with any glory: “not the political elite (on all sides), not the police and the DPP, not the screaming hordes on social media, not the tiny NGOs making noise, not the man himself or his ritzy lawyer.” He continues: ‘The only one to suffer is the poor young lady in question. Time for the (too many) interested parties to butt out and leave the police and the relevant authorities to do their work…” (SN: 7/5/23).

Finally, the Dharamlall case must be viewed in a wider context of a social system where alcoholism, suicides, domestic violence, sexual abuse, other forms of violence, decay of family values, family breakdowns, the rise of single families, and despair combined to further erode the social and moral fabric of our society. Consequently, it is imperative that social issues be elevated to center stage politics and given the attention these deserve.

The young girl needs to reclaim her life.

Sincerely,

Dr. Tara Singh

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• case, critics, Dr Tara Singh, John Mair, Mr. Carl Parker

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