– calls accusations ‘absolute nonsense’

ATTORNEY GENERAL (AG) and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, has strongly dismissed claims of government overreach to silence critics in the recent service of a defendant summons on wanted overseas-based Guyanese political activist, Rickford Burke.

Nandlall labelled the allegations as “absolute nonsense” and provided a detailed rebuttal during his weekly show, ‘Issues in the News,’ calling out what he deemed a “warped interpretation of the law” by critics, highlighting the lawful nature of the legal process.
The heart of the matter revolves around Burke, a vocal critic of the People’s Progressive Party Civic (PPP/C) government, facing accusations related to criminal offences.

On December 3, 2021, the Guyana Police Force issued a Wanted Bulletin for Rickford Burke, citing offences under various acts, including the Racial Hostility Act, Cyber Crime Act, and Criminal Law Offences Act.

Subsequently, on September 29, 2022, another Wanted Bulletin was issued in connection with Conspiracy to Commit a Felony under the Criminal Law (Offences) Act, Chapter 8:01.

Charges were formally filed on August 18, 2023, at the Vigilance Magistrate’s Court for the aforementioned offence. However, Burke, who resides in the United States, was notably absent from court proceedings.

In response, the Magistrate ordered the preparation of a ‘defendant summons’ to compel Burke’s attendance on March 28, 2024.
On December 16, 2023, Assistant Superintendent of Police (ASP), Rodwell Sarabo, in collaboration with US Process Server, Mark Wesserman, served both defendant’s summons at Burke’s residence on Maple Street, Brooklyn, New York. Burke acknowledged, understanding the content of the summons.

The service of the summons, conducted at his New York residence, has triggered a debate about the government’s authority to initiate legal actions beyond national borders.

The opposition party, the PNC-led APNU, accused the government of attempting to silence Burke through what they claim is an abuse of legal processes.

Nandlall, in his detailed analysis, sought to clarify the legal intricacies and underscore the government’s commitment to upholding the rule of law.

The Attorney-General refuted claims of authoritarianism, asserting that the service of a summons was a fundamental legal procedure aimed at ensuring Burke’s awareness of the charges and granting him an opportunity to defend himself.

Nandlall expressed incredulity at the accusations, framing them as an attempt to misconstrue lawful actions as governmental overreach.

Responding to the allegations, AG Nandlall clarified the government’s stance, highlighting that the legal actions against Burke are not an attack on free speech but an effort to bring someone accused of criminal offences to justice.

“Burke should be grateful. He is entitled to that. He’s entitled to be served. He’s entitled, as a right, to be notified of the proceedings, and that’s all that the State of Guyana is doing,” Nandlall stated during his show.

The AG also touched on Burke’s assertions that the legal system of Guyana is incapable of serving documents on individuals overseas who violate the country’s laws.

Nandlall categorically rejected this notion, stating that the legal system has the capacity and jurisdiction to serve legal documents on individuals, regardless of their location.

“This Burke matter will put that to rest. It will put it conclusively to rest. All his arguments will have to be heard by a court,” Nandlall affirmed.

Additionally, Nandlall criticised what he referred to as a “Kool-Aid gang,” a term used to describe the opposition party, for accusing the government of dictatorship and authoritarianism.

He argued that the legal system is functioning within its rights and responsibilities to address criminal allegations.

Nandlall clarified the applicable law, emphasising that Burke’s case involves indictable offences and falls under the Criminal Law Procedure Act, Chapter 10:01.

The law allows magistrates to issue summonses to compel the appearance of an accused person for the purpose of a preliminary inquiry. This includes cases where the person is accused of committing an indictable offence within the jurisdiction of Guyana.

As such, Nandlall refuted claims made by some lawyers that relied on the Summary Jurisdiction Magistrate’s Court Act, noting that it deals with summary offences, not indictable offences.

Nandlall clarified that the legal process was not an attempt to stifle criticism or opposition, but rather a response to alleged criminal activities.

“If a man commits an offence, you mustn’t charge him. That’s democracy? Burke is being charged with committing a criminal offence,” he said.

As the narrative surrounding Burke’s case becomes increasingly entangled with political dynamics, Nandlall categorically rejects assertions that the legal proceedings were an attack on dissent.

He maintained that the legal process was grounded in the objective pursuit of justice and adherence to the principles of a democratic society. The AG stressed that the legal system allows individuals to defend themselves in court and urged Burke to come forward and present his case.

“If he’s innocent, then come here and vindicate your innocence. Don’t hide and fabricate more stories,” Nandlall asserted.

Moving forward, Nandlall delved into the intricacies of the legal process, explaining that the magistrate’s discretion to issue a summons is a careful consideration of whether an offence has been committed within the jurisdiction of Guyana.

Nandlall argued that if the court has jurisdiction to try the offence, then it has the power to bring the defendant before it, regardless of his location.

“The law is not an ass. The arms of the law are very long. The process may be a slow one, but it is a sure one,” Nandlall stressed.
Furthermore, Nandlall highlighted the importance of the legal system in ensuring that individuals who violate the laws of Guyana are brought to trial.

He pointed out that the legal system must be able to reach individuals overseas and bring them to court for trial.

“If any court rules that it is deficient or the highest court rules that it is deficient, the law will be amended to ensure that it reaches those who violate the laws of Guyana,” Nandlall said.

Nandlall addressed the ongoing accusations of political dictatorship and authoritarianism, stating that the legal process is being carried out in compliance with the law.

He expressed confidence that the legal system would determine the validity of Burke’s charges and urged the public to await the court’s decision.

Burke, a user of the social media platform, has been allegedly involved in extorting money from businessmen in Guyana. He, allegedly, threatened to destroy their businesses through social media unless they complied with his demands for payment. Burke was, allegedly, implicated by the two reporters, Gary Eleazar and Alex Wayne, who were granted bail subsequent to their court appearance.

Both incidents are in relation to the alleged plot by two reporters to extort money from businessman Afras Mohamed, in order to remove an offensive post that was published by Guyana News Network (GNN), an online entity.

Reports are that former reporters Gary Eleazer and Alex Wayne had named and implicated both Bess and Burke as being behind the post about Mohamed.

Eleazer and Wayne were caught shortly after they collected a sum of money from Mohamed in exchange for the removal of the post.

It is alleged that the two reporters, between August 27 and September 23, 2022, at Lusignan, East Coast Demerara, conspired together with other persons to publish defamatory libel against Mohamed, with a view to extort the sum of $150,000.