THE EDITOR, Madam:
REFERENCE IS made to the front page article in the Sunday Stabroek News of 5th November 2000 which appeared under the caption "Court of Appeal judges improperly appointed". That article indicates that the appointment of four judges to the Court of Appeal of Guyana by President Bharrat Jagdeo in October 2000 was not done in accordance with the advice of the Judicial Service Commission and that Article 128(1) of the country's constitution which stipulates this requirement was therefore breached.
The President is the chief law enforcement officer in the country and he has taken an oath of office to scrupulously uphold its laws. One of the affected justices has heard the petition questioning the conduct of the hotly disputed 1997 elections and her decision in this matter has not yet been rendered. As current head of the PPP government, Jagdeo has material interest in the outcome of this petition. In the circumstances, the JSC took the proper step of advising the President that the appointment of the judge in question should be delayed until her decision is delivered. The fact that the President has chosen to disregard the JSC's advice smacks both of illegality and impropriety. It can also be construed as placing himself above the law.
British Guiana of the colonial era and Guyana in the early post-independence period boasted a proud legal and judicial history. Names like Duke, Woolford, Burton, van Sertema, Gomes, Stoby, Jackson, Bollers, Luckhoo, Haynes, Adams, Wills, Crane, Fraser, Guya-Persaud and Shahabadeen are testimony to this tradition. However in the last eight years a new dispensation has emerged. This has seen the delivery of justice in unique modern Guyanese style by officers of the court. Now the President joins this list of persons who give the clear appearance of compromising natural justice.
Caribbean citizens may query the relevance of this to the region. The answer is that it is very relevant given the plans to set up the Caribbean Court of Justice. Influential persons from Kingston to Castries to Bridgetown to Port of Spain have highlighted the absolute need for independence of the judiciary of the CCJ as a sine qua non of the institution. In the light of recent events in Guyana, will legitimate questions not be raised about Jagdeo and his government's commitment to the integrity of judicial institutions? His mindless, short-sighted action clearly shakes the foundation of the principle of independence of the judiciary. Absent this independence, the CCJ will not enjoy the confidence of the people that it serves. Other Caribbean governments should be very concerned about the legal culture in Guyana.
The PPP makes the dubious claim that its coming into government has restored democracy to Guyana. A critical element of democracy is the fair, fearless and timely administration of justice. Where justice is delayed, denied or manipulated, it is conditions of tyranny not democracy that prevail.
I am, etc.,
SEAN A. AARON
Amity Lodge
Christ Church
Barbados
