–new magisterial district for Upper Demerara River commissioned

THE town of Linden and Upper Demerara, Upper Berbice River, from next week will benefit from the services offered at a magisterial district court as the former Linden Magistrates’ Court was on Thursday commissioned as the Upper Demerara River Magisterial District Court.
The commissioning ceremony was held in the court’s compound which is located on Burnham Drive, Wismar, Linden and the occasion was graced by President David Granger, a large delegation of members of the judiciary, members of the Bar Association, government and regional officials and residents.
President Granger, in his featured address, said he was honoured to witness the historic commissioning, which brings justice closer to the people of the Upper Demerara, Upper Berbice region. Such access, he said, is the foundation of a democratic nation and a hallmark of modern society and it must ensure that all citizens in the district enjoy equal protection and benefits from the law.

“Equality of the law is an essential element of justice…it is a principle of the rule of law,” the head of state said, adding that services offered in the district will provide legal recourse that is accessible and affordable to the many residents not only living in Linden, but in hinterland and riverine communities of Region 10, such as Ituni and Kwakwani.

Such recourse should also benefit all classes of society, focus on human rights and the preservation of public order. “An accessible justice system is essential for human safety, public security and a stronger economy,” President Granger affirmed.
His address further highlighted the fact that Magistrates’ Courts constitute the first tier of Guyana’s justice system and is the main and most frequent interface between citizens and the justice system. This court, he said, serves as an important link in helping to preserve public order. Granger highlighted that the move to have the court upgraded is a judicial move, which proves that there is judicial independence in Guyana.
“The establishment of the Constitution of the Upper Demerara District is an initiative of the judicial branch; it is not an instruction of the Executive branch…. this 10th magisterial district, therefore is a manifestation that judicial independence exists in the state of Guyana.”

The Executive will be taking a similar pattern in brining justice to the people by having a police division being responsible for every region.
Phenomenal
Also deeming the commissioning of the magisterial district a remarkable achievement was acting Chancellor, Justice Yonette Cummings-Edwards, who described the move as “phenomenal, momentous and outstanding.”
Chronicling the history of the Justice System in Guyana, Cummings-Edwards said Guyana has moved from having only foreign magistrates to having 24 local magistrates and for the first time in history, Linden will now have its own resident magistrate, Magistrate Clive Nurse.

“Linden, this is an historic occasion for us all…the need for a magisterial district in this region was great, it is no secret that for many years, residents of the Upper Demerara area had to travel to Vreed-en-Hoop to obtain or to access certain basic legal services,” the chancellor said.

Some of those services include payments of child support, application for licences and the receipt of bail money. The police were also inconvenienced since they also had to also travel to Vreed-en-Hoop to file cases, while Kwakwani residents had to travel to New Amsterdam to obtain these basic services. As a result of these hardships, former Justice Carl Singh recognised the need for the Upper Demerara Magisterial District and started the process some three years ago. “A survey was done, boundaries were marked out, staff members from right in Linden were employed and taken for training at the Georgetown Magistrates’ Courts and today we have four young ladies from the town of Linden who will be employed at this court,” the chancellor said.
Justice Cummings-Edwards informed the gathering that now there will be five days of court sittings per week, while Kwakwani will now have two sittings per month — every first and third Fridays. The magisterial district will also be introducing a municipal court, which will allow the municipality to file charges; there will also be a youth court.
“The emphasis will be not so much on assigning blame or fault or fit punishment on our young people, but more rehabilitated and constructive responses aimed at tackling the cause of such responses and working in the best interest of our youths.”
The court will also feature restorative justice practices as well as a mediation centre in Linden. Court proceedings will also see video-linked evidence where witnesses can testify via skype.

In brief remarks, President of the Bar Association, Kamal Ramkarran, said that justice has indeed come home to the people of the Upper Demerara River and now their legal problems can be solved efficiently. This district, he said, will allow for more courts which will allow for more jobs for legal minds in Linden. “The Bar Association welcomes the establishment of this new magisterial district and hopes that this is the first of many more such efforts of bringing justice home to the people,” he said.

Appointed Resident Magistrate Clive Nurse said he is honoured to be recorded in history as the first magistrate that has been appointed as the resident magistrate to the district. Nurse, who was appointed five months ago as magistrate, said that he is honoured to be able to serve in this capacity, which he will continue to do with distinction and excellence.
Attorney Leslyn Charles, who has been in private practice in Linden for 16 years, reflected on the transformation of the judicial system in Linden and how such a commissioning has removed a system once deemed as inconveniencing, to one that is comfortable, accessible and beneficial. Charles reflected on the days of court in Linden being held at an historic building at Christianburg, which was in need of an upgrade long before it was destroyed in 2012 by fire. The Christianburg Community Centre Ground was temporarily used for three years before the building of the Linden Magistrate’s Court, which was also recently upgraded with air-conditioning and other comforts that will allow court proceedings to flow smoother in a more comfortable and modernised environment.