By Ariana Gordon

CHAIRMAN of the Commission of Inquiry (CoI) into the Georgetown Prison riots, Justice James Patterson, on Friday granted permission to the Guyana Bar Association (GBA) to have full participatory rights during the life of the inquiry.The CoI on Thursday began hearing testimonies from prisoners on what transpired on March 3 at the Camp Street Prison. Sittings are conducted at the Ministry of Public Service building on Waterloo Street, Georgetown.

The GBA, through its President, Attorney-at-law Christopher Ram, has made an application to the commission for full participatory rights. Ram outlined the grounds on which the application was made.
In his submission before the three-man commission, comprising Justice James Patterson, Chairman; and Commissioners Dale Erskine and Merle Mendonca, the attorney said the CoI would have a direct and substantial impact on the legal fraternity, and, as such, it is important that the association be granted participatory rights.

“The events of the night of March 2 led to the highest number of deaths of incarcerated persons in a single event in the history of Guyana. It is irrelevant whether they were convicted persons or awaiting trial; some being put away for a long period of time,” Ram said.

He described the riots which resulted in the deaths of the 17 inmates as “a tragedy” which should never be allowed to recur.

The participatory rights sought by the GBA include, but are not limited to: The right to receive all correspondence provided to the commission, or sent by the commission with respect to the inquiry; the right to apply for preliminary, interim or summary orders, plan to respond to preliminary, interim or summary orders dropped by the commission’s counsel, or any of the interested parties; the right to participate in the hearings of this inquiry; the right to all evidence requested; the right to summon, cross-examine witnesses and provide submissions to the commissioners; and any other participatory rights that fall within the ambit of the law.

The Bar Association, Ram said, has been in existence since the 1950s, and is the authorised body that speaks on behalf of attorneys in the country. As such, he sees no reason why the application should be denied.

Ram noted, too, that many of the lawyers that form the association are representing some of the prisoners currently in the prison, and represented some of the deceased as well.

Ram argued that the Bar Association is in a position to provide legal assistance to some of the persons who will testify before the commission; and he noted that under the Commission of Inquiry Act Cap 19:03, persons appearing before a CoI have a right to legal counsel. He added that those associated with the CoI are also similarly entitled.
“The Attorneys-at-law on behalf of which the association speaks have a direct, substantial interest in the subject matter of this inquiry. Attorneys-at-law are directly and substantially affected by the inquiry. They clearly represent ascertainable interests and perspectives which are essential to the commissioners’ mandate. The association believes that its participation will further the conduct of the inquiry, and firmly believes that its participation will contribute to the openness and fairness of the inquiry,” the head of the Bar Association stated.

Members of the association, Ram added, practise law on a daily basis in the Magistrates and High Courts of Guyana, and are familiar with critical issues of bail, sentencing, remand, and conditions in the prisons and lock-ups in Guyana.

“Members of the association have participated in various roles in the Linden Commission of Inquiry, and more recently in the Walter Rodney CoI; and bring valuable experience and expertise to the commission.”

The association and its members, he noted, are prepared to once again play their part in ensuring not only that the Terms of Reference of the commission are achieved, but that the recommendations serve the interest of the legal profession, clients, and most importantly the national interest.

The association believes that many of the affected parties that will be called to give testimony on matters related to the events of March 3 may not have legal representation, and the “presence of attorneys-at-law from the association can provide some assistance to those who have a right to such attendance and representation.”

The inquiry, Ram said, is designed to report its findings and provide recommendations to the Government and the public. The commission’s findings, he added, will have an impact on the country’s legal profession, administration of justice, human rights, the rule of law, and prison systems.

Justice Patterson, in accepting the justifications put forward by Ram, asked whether the members of the Bar Association are prepared to provide legal representation pro bono publico.

Ram, in response, said correspondence has been sent out to the body’s members on the subject, but he noted that the appearance by its members on the CoI should be pro bono, or free of charge.

“We sent an email to the Bar Association that the association is encouraging all attorneys to participate…the appearance by any member on behalf of the Bar Association is entirely pro bono,” he said.

Justice Patterson said he is unaware of many experienced lawyers working pro bono, a statement that was almost immediately refuted by Ram. Ram noted that there are experienced attorneys who work pro bono, but their work is never publicised.

“Sir, I respectfully suggest that that statement is not entirely true. Lots of attorneys do pro bono work…it is not advertised… there is a lot of pro bono work going on, sir…we don’t always get the credit we deserve…we accept our criticisms and we strive to make the profession and the society a better place,” Ram said.

He pointed to Attorney Glen Hanoman, who he [Ram] said will be appearing before the commission next week. He will be working pro bono during the inquiry. Hanoman also served as attorney on the CoI into the death of Walter Rodney.

Justice Patterson urged the association to have young members of the profession participate in the commission, so that they can gain the requisite experience.

Prisoners Dwayne Lewis and Errol Kesney would be recalled to the stand next week to be cross-examined by the attorneys representing the Bar Association. As such, the commission was adjourned until Monday, March 14.