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Former KN Editor-in-Chief spared jail time for criticising Judge’s ruling
Former KN Editor-in-Chief, Adam Harris
Kaieteur News – Judges are often the most maligned because they cannot take to the press when they are attacked. They rarely grant interviews.
The result is that some members of the public level some of the vilest criticisms against them when decisions do not go in their favour.
A few years ago, Adam Harris, then a reporter for Kaieteur News was critical of Justice B.S. Roy for granting an order against an auto dealer who was in the court compound but was never called to have a say in defence of the action against him. The telephone rang after the publication. The clerk in Justice Roy’s court informed Harris that the judge wanted to see him. There was no mention of any legal action. Harris was unaware of what was to follow.
He went to Justice Roy’s court. The clerk asked him to take a seat. Soon after the judge appeared and took his seat on the bench. Harris was about to face a trial. He queried the situation and the judge informed him that he was being cited for contempt. He informed Harris that he should get legal counsel and return the next day.
The story made the press and reporter George Barclay, turned up in court. Also in court was Kaieteur News Publisher Glenn Lall. No sooner was the court opened than Justice Roy said that there should be no reporting of the proceedings. Any breach of the order would have seen the reporter cited for contempt. There is no jury in a contempt hearing.
There is also no appeal. The judge reigns supreme. In the end Harris was asked to publish an apology or be called back to court. He was represented by Attorney Khemraj Ramjattan. Freddie Kissoon was almost subjected to a similar situation. The judge invited him to a meeting in the court but Kissoon, having been aware of the Harris matter, was advised to decline the invitation. He was advised to have the judge meet him in a neutral environment. The recent verbal assault of a judge caused raised eyebrows. The judge did nothing in retaliation.
Retired Judge, BS Roy
Only last week the Bar Council of The Bar Association of Guyana warned against threats and personal attacks against judicial officers, especially on social media platforms. “The Bar Council of The Bar Association in the premises wishes to remind and urge members of the public to exercise responsibility in making public statements touching and concerning the administration of justice, including judicial officers and thereby refrain from personal attacks, the use of threatening language which threaten the personal safety of judicial officers or otherwise and or making scandalous, inflammatory and unsubstantiated allegations against judicial officers,” the organisation stated in a press release.
According to the legal body, such persons can be found in contempt of court. “While the Judiciary is not immune from public expressions of concern and criticism, such right is not unfettered and must be exercised within the ambit of the law and governing legal principles; the breach of which could result in legal proceedings being instituted against such perpetrator(s) and where applicable punishable by imprisonment.”
Though President of the Bar Association, Attorney-at-Law Kamal Ramkarran said that the statement was not directed to a specific person, it should be noted that it was made days after social media personality and talk show host Makhail Rodrigues better known as the “Guyanese Critic” expressed dissatisfaction with a recent judgment handed down to him.
The High Court on July 18 ordered him to pay in excess of $52 million to businessman Nazar Mohamed and his son, Azruddin for defamation following a default judgment rendered by Justice Nigel Niles. Rodrigues during one of his morning shows aired on Facebook expressed dissatisfaction by posting a photograph of Justice Niles.
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