President of the Guyana Bar Association, Ronald Burch-Smith says he is not aware of any special protocol which would allow for high ranking government officials to be given special treatment under the law.
Burch-Smith told Stabroek News that not only was he not aware of any protocol that would allow for high ranking government officials to be given special treatment but instead in the developed world it is the custom for these officials to be held to a greater standard.
The supposed “special protocol” was referred to by Crime Chief Seelall Persaud following an accident on Mashramani Day involving Minister of Finance Dr Ashni Singh. Persaud had said this special protocol was a longstanding tradition. The opposition has since called on the Home Affairs Ministry or the Commissioner of Police to publish or make this protocol publicly available.
The head of the bar association stated that “what you may find in a civilized society is that the holder of a public office is held to a higher standard than ordinary citizens”. He said that there has been a severe failure in how the police have chosen to investigate the finance minister’s car accident, especially since witnesses reported that Singh might have been under the influence of alcohol.
Burch-Smith told Stabroek News that while the law allows up to 24 hours for persons to report an accident, the failure in investigating this particular case was not on the part of the law but the police. He said that if police had reason to believe that the minister was under the influence, and from all media reports the other person involved in the accident did bring it to the police’s attention, then police should have called upon the minister immediately.
Burch-Smith said that the fact remains that the finance minister is a recognizable figure and the police would have no issues finding him at his home or elsewhere if he had sought medical attention. When Stabroek News noted that under the present law driving-under-the-influence suspects could evade police and claim that any alcohol in their system was consumed after the fact, he said that while it was possible it was unlikely that that would be the most common initial reaction.
The head of the bar association stated that the police have yet to release any formal finding from the investigation although the accident occurred on Republic night. He stated that in some instances after a car accident and in cases where it was suspected that the driver may have been under the influence, the police would have already investigated and persons could appear before a magistrate the following day. Singh was never administered a breathalyser and left the scene shortly after the accident without offering assistance to the victims of the accident. Attorney General Anil Nandlall has since said that Singh left the scene of the accident for medical treatment.
Burch-Smith said, “the police are very good at deciding when they investigate” and when they purposefully slow the process.
He said the way in which the police have chosen to pursue this investigation gives rise to a bigger issue in that citizens will show a lack of respect for the law because “people of influence are not held accountable when they break the law.”
Burch-Smith said the Attorney General representing the finance minister as his legal counsel was also a tricky matter. He said when it came to ethical behaviour it was not the civil wrong that was going be scrutinized, it was the legal wrong.
Burch-Smith said there was a thin line when Nandlall as AG met the two persons injured in the accident to discuss a settlement. He added that if a settlement was reached, this did not rule out the bringing of criminal charges if an investigation was to warrant any.
“The danger is generally that when somebody is offering compensation before the matter reaches to court or while it is in court very often they have an expectation that as a result of that compensation the injured party will forgo a prosecution,” Burch-Smith said.
He noted that for the police to claim they were still taking statements two weeks after the accident shows a definite sign of failure on their part. He noted that the traffic division could only await advice from the Director of Public Prosecutions (DPP) if initial findings from the investigation were handed over to the DPP.
On Republic night, Singh was involved in an accident on Delph Avenue and Garnett Street where he left the scene prior to police arriving. The other driver Jageshwar Hira and passenger Parbattie Shivcharan had stated that Singh appeared to be under the influence of alcohol and he was picked up minutes after the crash by an Agriculture Ministry vehicle.
“I was coming down this street [west on Garnett Street, Campbellville] and this vehicle was coming out of this road [Delph Avenue] and just jump the major road, slam into me sending we into that gutter… The man come out then we see is the finance minister but he ain’t even offer help. He just jump into another vehicle and drive off leaving we hay …,” Hira had told Stabroek News at the scene
Hira and Shivcharan met Nandlall days after the accident to discuss their request for a $6 million settlement. Hira told Stabroek News “the attorney general tell us that they are working on a settlement, but he is already saying that they are working on a settlement well below a million dollars.”
The AG in a statement on February 27, said that “At or about 21:00 hours on 23rd February, 2014 at the junction of Garnett and Delph Streets, Campbellville, Greater Georgetown, the Honourable Minister of Finance was involved in a vehicular collision with a motor car.
“The Minister was taken to a city hospital for medical attention shortly after the accident. An associate of the Minister facilitated the driver of the vehicle and the lone passenger to be taken to a city hospital for medical treatment.
“The matter was duly reported to the police and is being investigated.
“Without prejudice to the rights of all the parties to seek legal recourse, the Attorney General met with the driver, the owner of the vehicle and the passenger with a view of exploring the possibility of bringing the matter to an amicable end.
“Allegations that the Minister of Finance was intoxicated and failed to submit himself to a breathalyser test are rejected. Indeed, the Minister was not invited to take a breathalyser test by anyone and in fact, the occasion to do so did not present itself.
“It is hoped that this disclosure will bring to a swift end, the speculations and inaccuracies which are being peddled in the public domain in relation to and in connection with this matter.”
