Small minds pursue Ashni Singh not Judy Lutchman

Mar 11, 2014 Features / Columnists, Freddie Kissoon

There are times when a scatological vocabulary is necessary in life. I remember the words of one of my favourite Guyanese – law professor, Rudy James – long, long ago when I was a UG freshman. With his inimitable smile, Professor James said. “Freddie, lying is not right but it is necessary.” It is the same with the cuss words.
Cussing down in not right but it is necessary. When the Watergate tapes were released, President Nixon was revealed as a leader who certainly used lurid language in his Cabinet meetings. Most secretaries would tell you that Presidents and Prime Ministers used the F-words quite often to all types of underlings, mostly their Ministers.
In today’s world if leaders tell you that they do not swear, cuss down and release the F-word, they are lying. If I were Minister of Finance, each time I hear an opposition politician or human rights critics or Government detractor, or read that a media commentator condemns the Minister for a traffic accident recently in which he ran into another car and left the scene, I would cuss them up.
Are we criticizing Dr Ashni Singh because he did a wrong that has implications for the foundations of justice or are we motivated by other considerations? He is a Minister and I don’t like the Government; he is a PPP and I don’t like the PPP. I have been condemnatory of Minister Singh and I will be honest and admit that the source of my castigation is two-fold.
First, I believe his actions have dire consequences for the principle of equality before the law. Secondly, I was moved to deprecate his behaviour because he belongs to a government and party that I honestly feel have no nationalist feelings in them, who practise horrible governance and together, such attitudes will sooner than later finally ruin this sad, tragic, jinxed, hopelessly pessimistic nation.
But I have been fair to Dr. Singh in that I have not singled him out. I believe what Magistrate Judy Lutchman did on the bench last week is a million times more harmful to the foundations of justice than the conduct of Dr. Ashni Singh at the scene of the accident.
I am contending that if you are moved to use your voice against the Minister and remain silent over the conduct of Ms. Lutchman then, you are a hypocrite who cannot defend your double standards using any type of argument. Your silence is indefensible.
Singh left the scene of an accident. No one was badly hurt, no one had their freedom curtailed, Singh agreed to compensation.
Alright, he was in the wrong and should have been charged. He must be brought before the courts. He is not above the law. What Magistrate Judy Latchman did threatens the very fulcrum on which rests the very essence of justice.
In the opinion of this columnist (forgive my chauvinism but I am familiar with the essence of justice having studied philosophy up to the doctoral level–I taught philosophy to Latchman at UG) — should attract the attention of every citizen in this land.
When a citizen is accused by the State of committing a crime that citizen puts his fate in the hands of a neutral judge who will act in the interest of justice because of that neutrality. That neutrality then is sacred and priceless.
What Magistrate Latchman did was so morally offensive that society itself is threatened if she is not called upon for an explanation.
The prosecutor before Ms. Lutchman told the neutral judge that the State (yes the State that charges citizens for criminal behaviour) wrongly charged an accused, that it was a mistake that will be corrected. The State then did not oppose bail. This neutral judge then abandoned the sacred office of the neutral judge and told the accused she will be denied her freedom. The neutral judge then took on the role of the State.
It is a most tragic incident.
To date only two Guyanese citizens have commented on what Ms. Lutchman did. The President of the Bar Association, Mr. Ronald Burch-Smith, was publicly quoted as saying that the Magistrate’s decision to refusal bail in the circumstances was unusual.
The Chancellor of the Judiciary, Justice Carl Singh, in opening the refurbished Wales Magistrate made a brief reference to Ms Lutchman’s decision.
In fact, the Chancellor remarked in direct reference to my public call for Ms. Lutchman to be dismissed on my allegation of unfair dispensation of justice, told his audience that a blind eye will not be turned on such allegations.
Minister Ashni Singh has a right to cuss out his critics who are selected in who they condemn.

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