Dear Editor,

JUDICIAL overreach has now been paired with unbelievable arrogance from Judge Gino Persaud, who, in response to clear submissions that argue that the courts should cede authority on what can/should be done with PetroCaribe funds owed to the Venezuelan government by the Government of Guyana, declared, “I do not agree with the public policy argument as articulated and advanced by the Attorney-General”.

My view is that the judge may disagree with the public policy, but must respect it and its sanctity as beyond his power and reach. A judge cannot encroach onto the power of the Executive to make public-policy decisions.

Justice Persaud confined himself to following what courts decided in other countries, including Jamaica. The judge might want to note that Jamaica has no border with Venezuela, and is not threatened by a war of invasion and annexation with that country.

The law does not operate in a vacuum; the government is aware of the laws that would usually apply if a company has arbitration judgment against a government and is seeking to levy on assets around the globe, but what is different with this case is the border controversy that exists with Guyana and Venezuela, and the precarious position that any change in relations could provoke.
The International Court of Justice (ICJ) is hearing the case between the two nations, and has accepted the Argyle Declaration into evidence (this agreement says neither country will take any action that would aggravate the other and increase tensions). Any child can see and understand that adherence to Justice Persaud’s judgment can be used by the Venezuelan government to claim Guyana has broken the agreement.

I am of the firm view that President Irfaan Ali must draw the line here. Guyanese lives and two-thirds of her territory are put at risk with this judgment delivered by Justice Persaud, and, when we add the ignorance and arrogance included within the language of the judge’s pronouncements, it has to be cast in a dustbin publicly, and along with that must come a Presidential admonition to the judiciary to stay within their lane. It is a matter of life and death; Guyanese lives, Guyanese land, Guyana the country, the shape and size, the history, the culture are all threatened by a judgment that ignores realities on the ground.

I am in total agreement with calling this judgment “unpatriotic”, but would go further and call it “unthinking”; the product of a failed education system that relies on rote learning with not enough emphasis on ‘reasoning’. It is imperative that President Ali draws the hard line before we suffer a great loss because of a decision made in a Georgetown courtroom.

Yours sincerely,
Robin Singh

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