Grave injustice — Ramkarran raps Magistrate Bess’ ruling in transgender case
Petronella (in blue), stands at the door of Magistrate Bess’ court before the door was closed (DemeraraWaves Photo)
Petronella (in blue), stands at the door of Magistrate Bess’ court before the door was closed (DemeraraWaves Photo)

A DECISION by City Magistrate Dylon Bess to dismiss an assault case against a transgender woman has been described by Senior Counsel Ralph Ramkarran as a grave injustice.

Ramkarran articulated this view in his most recent post on his blog ‘The Conversation Tree’.

Senior Counsel, Ralph Ramkarran

On several occasions, Magistrate Bess barred Ronnel Trotman known as “Petronella”, from his courtroom because ‘she’ was dressed in female attire.
Petronella identifies as a transgender. Bess had told her on several occasions to “dress like a man” when she returns to his courtroom. Cross-dressing is legal in Guyana once not done for “improper purposes”.

The matter Bess was examining was an assault against the transgender woman.
However, last week, before Bess handed down his decision, he not only blocked the assault victim from his courtroom, but barred members of the public as well.
Subsequently, Petronella was informed of the Magistrate’s decision by the defendant, Jamal Johnson, who informed the victim of the ruling which was made in his absence.

These developments sparked criticisms in many corners of society and praises in the more conservative sections.

Weighing in on the matter, Ramkarran contends: “Magistrate Bess was grievously wrong and a grave injustice was done to Petronella Trotman, who only appeared to have offended the sensibilities of His Worship.”

The Senior Counsel said that it appeared that Magistrate Bess did not believe that the transgender woman was entitled to justice, if she was dressed like a man.

He reasoned that the Magistrate may have thought that what he was doing was right and that he was upholding the law and probably public morality. But with cross-dressing being legal in Guyana, Ramkarran said Petronella committed no wrong.

Ramkarran went on to describe the matter as a serious one, which he said should be appealed.

“This is no small matter. Petronella’s rights were seriously violated. It is hoped that the Director of Public Prosecutions will take over this matter, appeal the decision and ensure that justice is done to a law-abiding citizen, who was refused justice for no justifiable reason,” he said.

A political and social commentator as well, Ramkarran weighed in on the plight of transgender persons in Guyana, noting that many of them suffer in silence.
“What is worse is that most of them, including children and teenagers, have to suffer in silence because they are objects of derision or scorn.”

He said that those who pay attention know that the torment and suffering are great and leads in many cases to suicide or attempted suicide, while the authorities pay little attention to these profound social issues.

Ramkarran opined that these social issues attract little or no sympathy from officialdom, even in its spare time. He added that ancient laws remain on the statute books, perpetuating an atmosphere of hostility and mockery to the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) community, whose rights remain unaddressed.

He offered that like Petronella, these individuals continue to be assaulted, discriminated against, victimised, derided and scorned for harming no one and doing nothing wrong, and it is time the authorities pay attention.

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