–more charges expected, say police
THE Guyana Police Force (GFP) announced on Thursday that Kidackie Amsterdam, an executive member of the Working People’s Alliance (WPA), has been granted $200,000 bail on a cybercrime charge.
He appeared at the Georgetown Magistrates’ Court, where he faced a charge under the Cybercrime Act.
It is alleged that on May 27, 2024, at Peter Rose and Anira streets, Queenstown, Georgetown, he intentionally transmitted by use of a computer system, words spoken in a video that encouraged or incited persons to murder President, Dr Irfaan Ali.
Upon hearing the charge that was read to him by Principal Magistrate Faith Mc Gusty, he pleaded not guilty.
Consequently, he was granted bail with the requirement for him to lodge his passport with the Clerk of Court pending the hearing and determination of his trial.
The case has been adjourned to June 10, 2024, for statements, and it has been transferred to Acting Chief Magistrate Sherdel Isaacs-Marcus for further proceedings.
Amsterdam was arrested by ranks from the Criminal Investigations Department (CID) headquarters, on Tuesday. This specific charge against him falls under Section 18(1) (c) of the Cybercrime Act.
The penalty for this offence is severe. If convicted on indictment, Amsterdam faces up to five years of imprisonment.
Should the commission of the offence result in the death of the President, any government member, or any other person, he is liable to imprisonment for life, as stipulated by the Act.
Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., has expressed strong disapproval of the conduct exhibited by Amsterdam, who is the host of a Facebook programme.
During the broadcast, a caller incited violence against high-ranking government officials.
The caller suggested that President Ali, Vice-President Dr. Bharrat Jagdeo, Nandlall, and Senior Minister in the Office of the President with Responsibility for Finance and Public Service, Dr. Ashni Singh should be beheaded, and their heads displayed publicly on the seawalls.
Nandlall, during his weekly programme “Issues in the News” on Tuesday, warned that talk show hosts are equally responsible under the law when viewers or listeners call to express their opinions, especially such hostile remarks.
“Kidackie has a programme in which he encourages people to call in.
Now, when you have a programme and you encourage colleagues, you encourage listeners and viewers to call in and you give them a platform, you are responsible equally with them for what they say once you offer them that platform. Because, had it not been for your platform, they would not have been able to say what they are saying,” Nandlall reasoned.
He explained that providing a platform for public discourse does not absolve the host of responsibility to intervene when statements verge on criminal conduct.
“From the moment you hear that the person is saying something that you know as an ordinary reasonable, sensible human being, something that a person should not be saying, something that can put you in trouble, something that can make you an accomplice or an accessory to a crime, you have a duty to shut that caller down,” the Attorney-General added.
According to him, Amsterdam’s failure to act, not only facilitated the spread of hate speech but also implicated him in the criminal conduct of the caller.
Meanwhile, the Police Force has emphasised the seriousness with which these matters are being treated and confirmed that investigations are ongoing.
Amsterdam is also being investigated for another cybercrime offence—using a computer to disseminate information knowing same to be false. This offence was allegedly committed against a businessman and others.
If convicted summarily, he is liable to a fine of $5 million and imprisonment of three years; if convicted on indictment, to a fine of $10 million and imprisonment of five years. Additional charges will be filed against him, the Police have said.