DPP discontinues ‘racial assault’ charge against attorney-at-law

May 19, 2022 News

– complainant vows to challenge decision all the way to CCJ

Kaieteur News – Director of Public Prosecution, Shalimar Ali-Hack, SC, has discontinued the charge against attorney-at-law Nirvan Singh, son of former Chancellor of the Judiciary, Carl Singh, who was recently charged for using racial slurs towards an Afro-Guyanese policewoman who was tasked with guarding his residence.

Director of Public Prosecution, Shalimar Ali-Hack, SC.

On Wednesday April 20, Singh made his first court appearance in the Georgetown Magistrates’ Courts before Chief Magistrate Ann McLennan. It was alleged that Singh unlawfully excited and or attempted to excite racial hostility or ill-will against police constable Shawnette Bollers.

Attorney-at-law, Nirvan Singh.

He had pleaded not guilty to the charge which stated that on March 20, 2022 at the corner of Middle and Cummings Streets, Georgetown, by means of words spoken by him in a public place, willfully excited and or attempted to excite hostility and ill-will against Bollers on the ground of her race as an Afro-Guyanese by using words directed to her and published by him, to wit: “black monkey”, “monkey” “black people have no purpose in life” contrary to the provisions of Section 2 (1) Racial Hostility Act Cap 23:0).
Chief Magistrate McLennan had granted bail in the sum of $100,000 and ordered the lawyer not to make contact or cause anyone to make contact with Bollers. The matter was then adjourned to yesterday’s date.On Wednesday, the matter was called before Acting Chief Magistrate, Sherdel Isaacs-Marcus in the Georgetown Magistrates’ Courts. However, instead of the matter continuing, the magistrate received a letter from the DPP which stated that in exercise of the powers conferred on her by Article 187 (1) (c) of the Constitution of the Co-operative Republic of Guyana, “I hereby discontinue the charge in the above matter.”
According to Article 187:1, “The Director of Public Prosecutions (referred to in this article as ‘the Director’) shall have power in any case in which he or she considers it desirable to do so – (a) to institute and undertake criminal proceedings against any person before any court, other than a court martial, in respect of any offence against the law of Guyana. (b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or her or any other person or authority.”
As such, the matter against attorney-at-law Nirvan Singh, who was charged for using racial slurs against the policewoman, was dismissed. In response to the DPP’s action, attorney-at-law Eusi Anderson, who is representing the policewoman, issued a statement in which it was stated that the matter will go as far as the Caribbean Court of Justice (CCJ).
The lawyer stated: “The DPP’s letter contains 33 words and is one sentence long. It is signed by Dionne McCammon on behalf of the DPP.” He noted too, that the DPP showed no courtesy to send a copy of the letter to either himself or his client, especially since the letter is dated April 27, 2022. “We live in modern democracies where it is still vogue for complaints to be ventilated in a Court of law and not in the Court of the DPP’s Chambers. Shawnette Bollers will speak her truth in a witness box in a Magistrates Court in the Republic of Guyana…The DPP’s power is neither divine nor absolute. It is circumscribed by the supervisory jurisdiction of the High Court and its final appellate Court the CCJ. It is circumscribed by my client’s God ultimately. I close with my Client’s instructions- ‘let this go all the way to the CCJ’,” Anderson noted in his statement.

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