THERE was a letter in this newspaper yesterday, and all Guyanese should read it because the content of it tells a sad story about the sad mentality that is embedded in many persons in this country.

I have spent an enormous amount of column space in my media career on the judiciary from magistracy to judgeship.
I will continue to do so because the foundation of my argument is that after the Cabinet, the next receptacle of power (yes, more than the legislature), the exercise of which can be far-reaching in society is the judiciary.

On Tuesday last, the US Government had condemned a judgement by the Federal Supreme Court in support of the Texan governor’s decision to deport illegal immigrants. One can clearly see the power of judges when the White House press secretary can say that the Supreme Court decision is a violation of the US constitution. Imagine that!

If judges can render decisions that go beyond even the jurisdiction of elected executives of the state, then those authorities paid by the public purse, must be cognisant that they have an obligation to society. But are magistrates and judges accountable to the society and if they are not what purpose the Guyana Bar Association serves?

The letter referred to above is about the Barbados Bar Association’s condemnation of judges who fail to comply with the constitution to give timely judgements. I quote from the opening paragraph: “I write to commend the Bar Association of Barbados for calling out judges who fail to give decisions within the time stipulated by the Barbados Constitution.

This demonstrates that the Barbados Bar Association is an organisation that is cognisant of its duty to protect the rule of law and the public interest without fear.”

In Guyana what does the Bar Association do in relation to the protection of the rule of law? I will offer you one nightmarish example for which they must be an exigent intervention by the Chancellor and the Bar Association. But I expect no action and I say that unapologetically. Should a judge sue a member of the media rather than the customary use of contempt of court?

It is a messy situation for a judge to sue the media and the trial could be a spectacle that could only bring irreparable damage to the judiciary in this country. I wrote about an incredibly light sentence where a gang invaded the home of a visiting expatriate, shot and killed him and on pleading guilty, the accused got two years. At the trial there was no impact statement from the relatives.

The judge sued without asking for an apology. Then the nightmare began. No lawyer agreed to take the case even those who are my friends and that I trust. They all said they are afraid to do so because their future clients may be victimised by the judge. Three lawyers prepared my defence and Glen Hanoman who lives in Europe agreed to take the case.

No doubt knowing what will happen to the image of the judiciary, Justice Sandra Kurtzious declined to hear the case and sent it to mediation in front of attorney, Teni Housty. At the hearing, the judge told Mr. Housty that the matter could have ended from day one if I had apologised. I am saying boldly, that was misleading. I was sued rather than given the opportunity to apologise.

Should judges sue the media for libel? Thousands of Guyanese in and out of the land will read this column. Will that galvanize the Bar Association and Madam Chancellor to pronounce on this question?

I have written about this case two times before. The same Bar Association with all its executives present staged a picket exercise outside the Eve Leary police station over a five-minute detention by the police of a lawyer.

The story of a magistrate in Berbice and a starving cow and her calf imprisoned in the compound of the Springlands police station did not receive the attention of the Bar Association and Madam Chancellor. Berbice social activist, Gobin Harbhajan, informed the Attorney-General, the Minister of Home Affairs and me about a cow tied up for two months at the station awaiting a civil case trial.

I called the magistrate to ask if the case could be fast-forwarded to stop the cruelty to the two animals. That was all I asked the magistrate for which I thought was a perfect request.

The magistrate refused to talk to me and put down the phone. This situation was made public yet Madam Chancellor and the Bar Association have not acted. I don’t know if it is true but there are allegations in Berbice that the cow and her calf starved to death last week.

Disclaimer: The views and opinions expressed in this column are solely those of the author and do not necessarily reflect the official policy or position of the Guyana National Newspapers Limited.