Latest update April 24th, 2024 12:59 AM
Jan 20, 2017 News
Acting Chancellor of the Judiciary, Carl Singh will be a subject for discourse at the meeting of Cabinet Ministers next Tuesday. This is according to Minister of Natural Resources Raphael Trotman.
The Minister at yesterday’s post cabinet press conference was asked whether his administration had taken note of the fact that the Chancellor is about to proceed on pre-retirement leave and has handed down a decision in a controversial matter in favour of former President Bharrat Jagdeo.
Trotman responded, “It is not the position of government to comment on matters of the judiciary, but I dare say that this matter will entertain cabinet’s attention on the next occasion, but the executive does not comment adversely or positively on happenings within the judiciary, but we take note of course. We have taken note and I believe that it will be discussed at the next cabinet meeting which will be next Tuesday.”
This pending discussion by the executive involving the acting Chancellor, comes at a time when he would have thrown out the “Race Baiting” case which was brought against Jagdeo.
This particular case was brought against the former President by attorney-at-law Christopher Ram in April 2015. Jagdeo faced a private criminal charge after he was accused of racial incitement during a speech at Babu Jaan, Corentyne.
The charge was that Jagdeo had spoken words causing racial or ethnic hatred contrary to Section 139 D(1) (a) of the Representation of the People’s Act, Chapter 1:03.
The case was heard by Magistrate Charlyn Artiga at the Whim Magistrates’ Court. One of Jagdeo’s lawyer Murseline Bacchus had argued that the charge was frivolous, vexatious and without any basis in law, and requested that it be dismissed. His lawyers also went to the Berbice High Court questioning Magistrate Artiga’s jurisdiction to hear the matter.
The challenge was made to Justice William Ramlal.
He had an Order/Rule Nisi of Certiorari directing Magistrate Artiga to show cause why a Writ/Order of Certiorari should not be issued against her, and to quash her decision or ruling in the private criminal proceedings.
Magistrate Artiga was represented by the Attorney General (Ag) Basil Williams, Prithima Kissoon and Judy Stuart.
At the final hearing of the appeal, Justice Navindra Singh said that upon examination, the particulars of the offence sworn to by Ram, do not disclose sufficient facts for the offence. He therefore ruled that the Magistrate’s Court did not have jurisdiction to continue hearing the case.
Attorney-General Basil Williams then filed an appeal on January 18, 2016. This appeal was dismissed on Wednesday by the Chancellor citing it as an abuse of the process of the court.
Of even more concern, is that Singh would be presiding over another important case which will decide if Jagdeo can run for a third time as President. Last Friday, the Attorney-General questioned the Chancellor’s haste in wanting to decide on the matter which is set for February 15, 2017.
This is so although there have not been any arguments or submissions by the parties involved. The parties have been given one week to present written submissions. Williams believes that Justice Singh wants to hand down the ruling before he demits office come February 23 having reached the age of retirement.
The matter involves a constitutional challenge filed in February 2015. It was argued by the applicant that Act 17 of 2001, which was passed by a two-thirds majority of the National Assembly, unconstitutionally curtails and restricts his sovereign and democratic rights and freedom as a qualified elector to elect former President Jagdeo as the Executive President of the Cooperative Republic of Guyana.
The petitioner had contended that the limit was unconstitutional. Former Chief Justice Ian Chang had ruled in favour of this argument allowing Jagdeo to have a third term. It was argued however that Chang had erred in law.
The decision was appealed by Williams who said that Chang “erred and misdirected himself in the law” in ruling that the National Assembly which passed Act 17 of 2001 is unconstitutional and of no effect as it failed to comply with Article 164(2)(a) of the Constitution.
On many occasions Jagdeo has dodged the question whether he would run for a third term. However, being the leader of the opposition and recently elected General Secretary of the People’s Progressive Party, some persons believe that he is setting the stage to return to office as President. It is with this in mind, that the acting Chancellor’s decision is of great importance and has the potential of changing the political system in Guyana.
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