CHARGES of racial incitement were laid against former President Dr Bharrat Jagdeo, yesterday, when he appeared at the Whim Magistrate’s Court in Berbice.The case was filed by vocal critic of the former People’s Progressive Party/Civic (PPP/C) Administration Mr Christopher Ram in April.
Magistrate Charilyn Artiga, who presided over the matter, read the charge and Dr Jagdeo was not required to plea and he was sent on his own recognisance.
DUBIOUS CHARGE
Meanwhile, former Attorney General and Minister of Legal Affairs, Anil Nandlall, in his capacity as Dr Jagdeo’s legal counsel, dubbed the charge a “dubious” one.
He said, “I resolutely maintain that the charges are completely without merit, malicious and concocted, and further that we will spare no effort in ensuring that justice is done.
“…the dubious private criminal charge filed by Christopher Ram against Former President Bharrat Jagdeo was called today at Whim Magistrates’ Court.
On the last occasion, Attorneys-at-Law representing the Former President made oral and written submissions that the charge was frivolous, vexatious and without any basis in law, and they requested that the same be dismissed by the learned Magistrate. The Attorney-at-Law representing Mr. Ram requested an adjournment to respond to those submissions. Yesterday was specifically fixed only for that purpose.”
According to him, to date, no summons has been served upon the Former President in person, or otherwise, to secure his attendance in person before the court, as is required by law.
“As a result, the Former President was duly advised by his Attorneys-at-Law that his presence before the court is unnecessary, at this point in time of the proceedings,” he said, adding “At today’s (yesterday’s) hearing at 9:05 am, the Attorney-at-Law representing Mr. Ram, laid over his promised submissions (bearing the date May 25, 2015) and served a copy on us.”
Nandlall added that without treating with the submissions, the “learned Magistrate” enquired whether or not our client will be appearing before her
As such, Dr Jagdeo’s legal counsel submitted that
* The summons was never served;
* Dr Jagdeo advised that as a result his presence was not necessary;
* Yesterday’s hearing was specifically fixed for the Attorney-at-Law of Christopher Ram to respond to our submission; and
* That there should be a ruling from the court before any further steps are taken in the proceedings.
“The learned Magistrate then announced, for the first time that she is over-ruling the preliminary objections and submissions made and that the defendant must appear before her,” Nandlall said.
BASIS
Ram’s move followed pronouncements of the Guyana Elections’ Commission (GECOM) Media Monitoring Unit (MMU). He contends that Section 139 D of the Representation of the People Act was violated.
The first report, since its resuscitation was released early April, and stated that at an event at Babu John, in March, Dr Jagdeo said: “They shout about racism of the PPP, but they practise racism. The whisper campaigns. In the last elections they went to some of the Afro-Guyanese villages and beat some drums at 6 o’clock in the morning and say let us throw out these coolie people. Get up, go out and vote, throw out the coolie people. That’s the kind of language they use. Anybody from our party who uses that sort of language, we will kick them out. This is our approach.”
The MMU concluded that his comments were “racially divisive” – although the Unit did say that this was “probably” not intentional.
The Unit said: “Taking into consideration the historically and politically influenced divisions that persist up to now between Africans and East Indians in this country, and which are usually more pronounced during elections periods, the Unit came to the conclusion that the anecdotal illustration used by Dr. Jagdeo to make his point about racism, boomeranged disastrously, since it came over as a calculated exploitation, for political purposes, of the known fears and insecurities of one section of the population – East Indians.
“It is within the foregoing context that the Unit verily concluded that the remarks made by Dr. Jagdeo were racially divisive, [though] probably, not intentionally.”
TRUMPED UP CHARGE
Meanwhile, the youth arm of Dr Jagdeo’s party, the Progressive Youth Organisation (PYO), yesterday, in a statement, lamented the fact that the charges against him are “trumped up” for the purpose of political mileage.
The group said, “The PYO expressed its full support for former President and Executive Member of the Peoples Progressive Party Civic, Dr Bharrat Jagdeo, as he faces a trumped-up and politically motivated charge following a passionate, frank and factual speech delivered at Babu John back in March this year.”
According to the PYO, Dr Jagdeo will be vindicated at the end of this matter because the “spurious charge brought against him by embattled Attorney-at-Law Christopher Ram lacks both substance and form, merit and legal soundness.”
The group said, “The PYO holds the view that the charge is just another attempt to embarrass Comrade Jagdeo and is part of Ram’s revenge plan against the Guyanese leader. The travel restrictions imposed on this international figure in our view is extreme and unwarranted. In our view, this can undermine the personal, political and international commitment of the former President. It is public knowledge that the former President has many international responsibilities and commitments.
“…our youth leaders will be monitoring this matter in the days ahead and call on all members of the judiciary to act impartially and independently in the discharge of their duties in this case. If this is done, the scale of justice will no doubt favour Comrade Jagdeo.”
A preliminary inquiry into the matter is set for Monday, June 22.