GPF to appeal dismissal of cybercrime charges against Bryan Max

See full statement from the Guyana Police Force:

The 𝐆𝐮𝐲𝐚𝐧𝐚 𝐏𝐨𝐥𝐢𝐜𝐞 𝐅𝐨𝐫𝐜𝐞 will appeal the decision of 𝐒𝐞𝐧𝐢𝐨𝐫 𝐌𝐚𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐞 𝐅𝐚𝐛𝐚𝐲𝐨 𝐀𝐳𝐨𝐫𝐞, delivered on 𝐉𝐮𝐥𝐲 𝟗, 𝟐𝟎𝟐𝟔, which dismissed two charges brought against 𝐁𝐫𝐲𝐚𝐧 𝐌𝐚𝐜𝐈𝐧𝐭𝐨𝐬𝐡, 𝐜𝐚𝐥𝐥𝐞𝐝 “𝐁𝐫𝐲𝐚𝐧 𝐌𝐚𝐱” under the 𝐂𝐲𝐛𝐞𝐫𝐜𝐫𝐢𝐦𝐞 𝐀𝐜𝐭 𝐍𝐨. 𝟏𝟔 𝐨𝐟 𝟐𝟎𝟏𝟖.

On November 23, 2023, Bryan MacIntosh was charged with two offences. The first offence was for using a computer system to attempt to excite hostility or ill will on the ground of race, in contravention of Section 18(1)(e) of the Cybercrime Act No. 16 of 2018, contrary to Section 18(2) of the said Act, committed against the Honourable Vice President, 𝐃𝐫. 𝐁𝐡𝐚𝐫𝐫𝐚𝐭 𝐉𝐚𝐠𝐝𝐞𝐨.

The second offence was for using a computer system to attempt to excite ethnic divisions on the ground of race, in contravention of Section 18(1)(e) of the Cybercrime Act No. 16 of 2018, contrary to Section 18(2) of the said Act.

The charges originated from a Facebook Live video posted by Bryan MacIntosh during which he is seen and heard saying, among other things: “Jagdeo is pay critic everyday fa call black people hungry belly and low lives, every day he get a cheque from Jagdeo, every day, he get a good job, come come and collect lil money, come and collect a bag ah money, call them hungry belly and low lives, call the black people hungry belly and low lives, cuss deh leader, cuss deh leader and demean the leader into nothing.”

Bryan MacIntosh further stated: “Critic is being given friendships deals because he does do Jagdeo work, cuss black people every day, hungry belly and nasty belly low lives, cuss dem whole day as payment for critic cussing black people, Jagdeo does give critic a big contract.”

During its ruling, the Court indicated, among other things, in relation to the first offence, that: “the hostility which the allegations might generate would arise from the alleged conduct attributed to Mr. Jagdeo and not because of his race…. the words relied on by the prosecution contains no exhortation, encouragement or appeal inviting Afro-Guyanese people to direct hostility towards Mr. Jagdeo because of his race.”

In relation to the second offence, the Court stated, among other things, that:

“the prosecution must adduced evidence that the accused attempted to promote or encouraged division between the ethnic communities of Guyana on the ground of the race.”

The Court further held that, based on the words led by the prosecution, it was unable to draw that inference, stating that:

“the words do not advocate separation between ethnic groups, they do not urge one ethnic community to oppose another, they do not promote racial superiority or inferiority, nor do they encourage discrimination between the ethnic groups in Guyana.”

Having carefully reviewed the Court’s ruling and the evidence adduced during the trial, the Guyana Police Force is of the considered view that 𝐭𝐡𝐞 𝐞𝐯𝐢𝐝𝐞𝐧𝐜𝐞 𝐰𝐚𝐬 𝐜𝐚𝐩𝐚𝐛𝐥𝐞 𝐨𝐟 𝐞𝐬𝐭𝐚𝐛𝐥𝐢𝐬𝐡𝐢𝐧𝐠 𝐚 𝐩𝐫𝐢𝐦𝐚 𝐟𝐚𝐜𝐢𝐞 𝐜𝐚𝐬𝐞 𝐚𝐧𝐝 𝐭𝐡𝐚𝐭 𝐭𝐡𝐞 𝐝𝐞𝐜𝐢𝐬𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐥𝐞𝐚𝐫𝐧𝐞𝐝 𝐌𝐚𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐞 𝐰𝐚𝐫𝐫𝐚𝐧𝐭𝐬 𝐚𝐩𝐩𝐞𝐥𝐥𝐚𝐭𝐞 𝐫𝐞𝐯𝐢𝐞𝐰.

𝐀𝐜𝐜𝐨𝐫𝐝𝐢𝐧𝐠𝐥𝐲, 𝐭𝐡𝐞 𝐆𝐮𝐲𝐚𝐧𝐚 𝐏𝐨𝐥𝐢𝐜𝐞 𝐅𝐨𝐫𝐜𝐞 𝐰𝐢𝐥𝐥 𝐚𝐩𝐩𝐞𝐚𝐥 𝐭𝐡𝐞 𝐝𝐞𝐜𝐢𝐬𝐢𝐨𝐧.