THERE is a lot going on in Guyana today where injustice is concerned, I am talking about the focus on the rights of the criminal as if they are the only ones who have rights and feelings, while there is firm evidence of the total disregard for the rights of the victims. The situation is so obvious that even if you have half a brain you can detect this and most distressing of all it is coming from some of our judges and magistrates. The people whom you would least expect to commit such crimes are the very ones guilty of it.
In my discourse with you today, I shall look at a recent case where there was a horrible miscarriage of justice. The story is told of Carlyle Barton having an altercation with Shawn Nelson, as a result of which the accused went for his gun and discharged same on his victim, killing him instantly. The entire episode was carried out in broad daylight and was captured on one of the security cameras installed in the city. Barton was subsequently charged and held over for a preliminary inquiry and for further trial.
It is alleged that the matter came up for hearing before Magistrate Fabayo Azore some three times, after which the magistrate summarily struck out the matter and freed the accused. There was no preliminary inquiry, no case, nothing to indicate that this matter would ever come up for trial. In essence, the magistrate just freed a criminal. It is as simple as that. Unbelievable! And it is all happening right before our very eyes; a case of blatant injustice and a foolish magistrate. The shameless excuse for this injustice is that she is tired of calling the matter only to be greeted by the non-appearance of the police who investigated the case. Then, if we are to go by that excuse of being frustrated a mere three times in calling, a paltry three times and this magistrate is frustrated to the point of striking the matter from the records and freeing the criminal.
Well I am shocked, appalled and horrified to say the least as to what passes for justice in Guyana today. People come to court to lay their grievances expecting justice to be served, only to be greeted by this foolishness. This is preposterous under any circumstances and I call on the chief justice and the attorney general to act quickly. I call on them to get a grip of that magistrate and put a handle on this grave injustice. In my book that magistrate should be sent packing, there is no way we can tolerate such nonsense. At a time when gun crimes are at an all-time high, some justices can act in such reckless and carefree manner, then something must be done about this magistrate. A life has been brutally snuffed out here and some mindless magistrate in her recklessness frees the suspect even before a trial; utter trash! That magistrate needs to be sacked, end of discussion.
What Fabayo Azore should have done, was to subpoena the officer to attend court. Police officers have other pressing matters to attend to, especially in a crime-infested city like Georgetown. I am also told that some officers are not aware of pending court matters, that is, when these matters are called, so, there are very many reasons for the officer not turning up for court. In any event, what is so special about Barton that he cannot spend a few more days or weeks or maybe months cooling off in prison? What is so special about a brazen criminal “relaxing” (for want of a better word) in prison contemplating his evil deed before a trial date?
Finally, I would close by relating to you one of the root causes for Colombia’s serious drug problem and it is all bundled up in the justice system. The documentary I saw showed justices being paid or otherwise in open collusion with the accused drug kingpins. The long and short of Colombia’s drug menace meant that most of the cases brought before them would see an early dismissal and no conviction of known offenders. That documentary revealed a weak, broken, ineffective justice system. The point I am making is when you take a close look at our system in Guyana lots of questions come up unanswered. My plea to the authorities at home is let us take stock of what is going on in our country and get to the bottom of this matter as well as some others in our broken justice system. I rest my case.
NEIL ADAMS
