…President tells Rupununi residents at opening of Magisterial District, courts

RESIDENTS of the Rupununi region have hailed the opening of a new magisterial district as well the courts in some villages, and President David Granger said all Guyanese must have access to justice regardless of geographic location, socio-economic status, ethnicity or educational level.

On Friday the Guyanese leader commissioned the Rupununi Magisterial District Court Office at Lethem, as well as courts at Annai, Aishalton and Karasabai.

Speaking at the opening ceremony, where Resident Magistrate, Allan Wilson will preside, the President said there can be no equality before the law without access to justice. “The law should be a great leveller. It should not be a divider. It should not be an instrument of oppression of the rich against the poor, or of the strong against the weak. It emphasises citizens’ basic human right to have legal recourse and redress for wrongs committed against them and their property and for the preservation of public order,” the Head of State said.

President Granger noted that ensuring equal access to justice under the law in the Rupununi has always presented a challenge with residents being forced to travel from far-flung communities in the Region to the Magistrates’ Court Office in Georgetown; some 425 km away. Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards described the difficulties residents faced as a result of those challenges and noted that it was critical that justice be brought to the door steps of the residents of the 89 communities in the Rupununi.

“Prior to this office… court was held occasionally and I’m being modest. For the Lethem area, court was held once every three months, once quarterly, maybe two weeks within the quarter… Justice is not one- sided. Justice has to be for both sides. For residents of the region, persons coming all the way from Karasabai or even Aishalton, most of the time the court will be held here in Lethem and they will have to travel sometimes two days just to get to court. And if water is high, you’re familiar with that phrase, it would take even longer for them to get to this court. We in the Supreme Court, we do not sit in an ivory tower. We are in tune with what is going on the ground and we care,” she said.

Infrequent sittings
The Chancellor also described the challenges faced by the Guyana Police Force as a result of infrequent court sittings. “This project also will bring enormous benefits for the police because out of that system, if someone who was charged with an offence, if it was a

serious offence or a non-bailable offence, the Guyana Police Force had to find money to take that prisoner out to Georgetown before Her Worship, the Chief Magistrate, who would take the plea and commit that person on remand to prison or put that person on bail…Also, apart from that, if someone wanted to take advantage of the system, they would have known that court will not be sitting in for the next three months so they can fight and do all they wanted to do and know very well that the police cannot do anything much but just give them a warning because court won’t be there anyway and… the maximum time the police could hold them is 72 hours,” she explained.

Quoting Article 149 D (1) of the Constitution, which states that, “…The State shall not deny to any person, equality before the law or equal protection and benefit of the law.” Equality before the law is the essential element of justice. It ensures that all citizens enjoy “…equal protection and benefit of the law,” President Granger said that access to justice is a public good and that the State has the responsibility to ensure that it is available to every citizen.

“Residents – including victims of domestic abuse trapped in loveless relationships with their abusers; mothers denied access to their children because they cannot take their husbands and children-fathers to court a hundred kilometres away; small miners and businessmen facing bankruptcy because they cannot reach the court to claim unpaid debts or wages–should not be ignored. Access to justice, including ease of access, is every citizen’s legitimate expectation. Residents should not have to travel long distances to access public services, including legal services in other Regions. They should enjoy these services in their respective regions,” he said.

Never fell on deaf ears
Chief Magistrate, Her Worship Ann McLennan told residents gathered at the ceremony that their complaints never fell on deaf ears. “Today your dreams and the dreams of your fore parents have become a reality. The representation made and hard work done by your fore parents and your Toshaos and your regional representatives was not in vain. Today with the opening of this district court office, access to justice will be easy for the residents of the Rupununi Magisterial District and simultaneously because of the opening of this office and the courts in the villages of Annai, Aishalton and Karasabai, we the magistrates are better equipped to perform our duties efficiently and effectively because we now have the tools to do so,” she said.

McLennan said that opening is intended to improve court operations and services to court users. “There will also be weekly court sittings at Lethem and eventually in the villages of Annai, Aishalton and Karasabai. On the days in which these courts sit, filing of documents and all other transactions will be facilitated… Therefore, from today residents of the Rupununi will be no longer be required to travel to Georgetown to file documents; instead filing will take place right here in this district,” she said, adding that the proposed schedule for Court in the Region is a sitting the first week of the month in Lethem, the second week in Annai, third week in Aishalton and the fourth week at Karasabai.

Independence
The current Government, over the past 32 months, has been unwavering in its commitment to safeguarding the autonomy and independence of the judicial branch and this is evidenced by the passing of the Fiscal Management and Accountability (Amendment) Act of 2015, the appointment of judges to both the High Court and the Court of Appeal, in accordance with the provisions of Guyana’s Constitution and the appointment of an acting Chancellor and acting Chief Justice after consultation with the Leader of the Opposition.

The Government has also initiated consultations for the substantive appointments to these posts. The President also pointed to the restoration of the ‘independent’ offices of the Ombudsman, support for the establishment of new buildings for the Land and Commercial Registries, a new wing for the High Court and the creation of the Upper Demerara Magisterial District and now the Rupununi Magisterial District. Respect for the rule of law was also demonstrated through Government’s commitment to continue to comply with the decisions of the Judicial Service Commission and court rulings and respect for the legal profession through regular and meritorious appointments of Senior Counsel.

While Government is doing its part to provide access to the physical and legal side of the justice system President Granger issued a call to the civil society and, particularly members of the legal profession to establish regional legal-aid centres in order to assist poor people to secure adequate legal representation. He said, “Access to affordable legal services is a cornerstone of access to justice. Experience has demonstrated that, while legal services, provided by attorneys-at-law may be available, they are not always affordable, particularly for poor hinterland and rural citizens.”

One nation
President Granger said that his Government has adopted the ‘One Nation’ approach aimed at reducing inequalities, opening new opportunities to the disadvantaged and uniting the coastland and the hinterland. This, he said does not only include access to justice but all public services. “Rupununi residents, despite the Region’s spatial differences to the rest of the country, are entitled to the full gamut of public services which are available to citizens. The Government is keen to ensure that the residents of Rupununi have access to public

services. The Region’s size and its several scattered settlements and villages present formidable challenges for the efficient delivery of public services. The proclamation of Lethem as a capital town was intended not only to propel this Region’s economic development but, also, to provide access to public services,” he said.

Along with access to justice, the President said that Government’s regionalism approach is built on ensuring every region has equal access to public education, public health, public information such as the new radio station, public security with the establishment of a police divisional headquarters, public utilities including electricity and clean water and citizenship services such as birth and death registration, passports and naturalisation and social protection. The Head of State said he is happy that the Judicial Branch of Government has adopted this regionalism approach. (Ministry of the Presidency)