Latest update April 18th, 2024 12:59 AM
Mar 08, 2022 Features / Columnists, Freddie Kissoon
The record is there for the current generation and future generations to see. When Kwame McCoy, Jason Abdulla and Shawn Hinds appeared in front of Magistrate Judy Lutchman for throwing a miasmic substance on me (it wasn’t faeces but that is a long story how that fiction came about simply because of a joke in Kaieteur News), I did not oppose bail.
Here are my words to the magistrate when she asked me if I wanted to say anything before she decided on bail: “At a philosophical level, I do not believe in denying people their freedom.” Please see the Stabroek News of February 23, 2016 for a report of that day in court.”
I believe the bail system is in place to prevent perpetrators of crime from evading justice. It is of universal application and makes sense. But without context, it makes no sense. It made no sense for the police to deny me and Mark Benschop bail for two minor traffic offences. Benschop and I were not going to skip Guyana for two traffic offences, which carried non-custodial sentence and $7000 fine. We stayed in the Brickdam lock-ups for three days.
Bail denial must have context. I cannot agree with a serving officer in the police force being put on bail of $1.5 million for death by dangerous driving. Did the circumstance dictate that he would evade his trial? This entire nation is hurt that two teenagers died in the chase. But there is a but, so I cannot comment on the specific matter which is now before the court.
I got a call from my friend, Raymond Persaud, the minute the tragedy occurred. He wanted to know if the police should have engaged in a high speed chase. This is what I told Raymond. I will repeat it here without any comment on the court matter.
What would Guyana have said if there was a kidnap victim in the trunk, the driver ignored a police roadblock, no chase followed, and the victim was later found dead. First, why evade a road block if you are not engaged in criminal conduct?
Secondly, given the physical landscape of our road structure throughout Guyana, a high-speed chase is not wise. Before I return to the bail discussion, I strongly believe there should be a policy of no-police pursuit for helmet-less riders who do not comply with police request to stop.
The bail assigned to former high level officials in the PPP government during the rule of APNU+AFC was unnecessary. Not beyond the wildest imagination could one say that these former high officials would not have attended court. What was shocking was the hand-cuffing of some of these gentlemen.
So we come to Winston Jordan. I do not agree and will never that that $3M bail should have been assigned to Jordan. That was completely unnecessary and it should be withdrawn at the next sitting. Mr. Jordan should not have been handcuffed. I need to point out that when Benschop and I were put in the paddy wagon and driven to the court-yard, we were not in handcuffs. We entered the courts without being handcuffed.
I honestly believe and accept there should be an investigation of the contract between the Government of the APNU+AFC and Mr. Brian Tiwari over the river front property. I don’t know if anything was illegal or improperly done so Mr. Jordan should have no reason to threaten libel over this column. I am merely offering my uninvolved opinion that it is in the public interest to examine the contract. Such a call does entail any accusation.
Bail denial is not only inappropriately done constantly in this country but there is also the question of oppressive bail. Countless times ordinary folks have huge bail imposed on them which they are unable to meet. Go through the court cases and you will see the offences involve misdemeanours like fighting, petty stealing and small amounts of fraud.
When these things happen, you cannot help wondering where civil society is. A prominent attorney wrote two days ago that there are several areas of life in this country where civil society should become functional. He named alcohol abuse, the traffic situation, among others. I would add the court system and bail.
The problem is civil society wants to concentrate on political issues only where publicity is to be gained. And when you ask these actors why they confine their activities to governmental behaviour only, they accuse you of being a sycophant or supporter of the government. But I guess this is Guyana where nothing makes sense and everything is senseless.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)
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