Letter: Like other institutions, Guyana’s Judiciary must also be held accountable

Dear Editor,

We applaud the PPPC government for appointing 10 puisne judges and several magistrates to reduce the backlog of cases and to ensure that cases are tried in a timely manner. We hate to think that the legal maxim, “Justice delayed is justice denied,” is just a rhetorical flourish, and not a goal in the administration of justice.

For too long, the Judiciary has been treated with awe, being regarded as beyond reproach. That attitude was a colonial heritage, but it has lost its relevance in this age of reason, logic, AI technology and information revolution. The social mores of society are changing to meet this new reality. Citizens want to play a bigger role in governance, and are increasingly demanding accountability and transparency. The Judiciary is no longer viewed as impervious to criticism. Judicial officers are being paid by the citizens, and citizens have the right to demand accountability.

We visited Guyana two times this year, travelled across the coastland and visited three Amerindian villages, and what we heard about case backlog was not pleasant. Not only were people frustrated with prolonged delays, but they have also not been notified of the status of their cases. This ugly situation cries out for remedial measures.

What we also learnt was that many cases for trial are yet to be heard. It has become a matter of national importance that the Chancellor of the Judiciary must urgently look into this nagging problem. Aggrieved persons yearn for justice and fairness, and the institution that is supposed to work for them has not lived up to their expectations!

In another pressing matter, we noticed that the Caribbean Court of Justice (CCJ) reversed the Guyana Court of Appeal’s (CoA) decision that deemed as illegal the appointment of Mr Vikash Ramkissoon and Ms Sarah Browne as Parliamentary Secretaries. The CCJ ruled that both Mr Ramkissoon and Ms Browne were properly appointed, and that they can sit in Parliament. That prompted us to post a message asking for how long would we allow the CoA to make wrong decisions? In almost all the political cases, the CoA were proven wrong by the CCJ. I wonder! Were the CoA’s decisions based on wrong interpretations of the relevant laws and the constitution? How many times would we allow a High Court to consistently make wrong decisions? Or were there non-legal or non-constitutional considerations applicable to these cases?

Having the CoA’s decisions, particularly in political-type cases, reversed 100% of the time can be described as a travesty of justice. Accordingly, we are obligated to call upon the Guyana Bar Association and the Attorney General to review this situation and determine the way forward.

It was suggested that the CCJ President, Justice Adrian Saunders, had called for the confirmation of appointments to the positions of Chancellor of the Judiciary and the Chief Justice. But we don’t think that he was asking to confirm the incumbent Chancellor, but rather for appointment/ confirmation of “a” Chancellor. We don’t think that the CCJ President is bold enough to advise a government of appointments/ confirmations when he knows that there is an established process for appointments/ confirmations.

And to the Opposition Leader Mr Aubrey Norton: “Why would you want to confirm the Chancellor when her credentials took a hit with a series of decision reversals by the CCJ? How could you feel comfortable with this position, when you also preach about competence and accountability? Furthermore, since the President has not yet identified anyone for that position, your position is premature.”

The judicial process and the decisions of judges are not sacrosanct, and the public who pays them has the right to criticize proceedings and decisions, but doesn’t have a right to launch personal attacks against a judge or to disrespect the court system.

Like other institutions of the state, the Judiciary must also be held accountable. And by whom? We say by the Judicial Service Commission and by the public. But what mechanism exits to lodge complaints against the Judiciary is not widely known, if it exists.

Sincerely,Dr Tara Singh