Dear Editor,
When I told a former PPP member of my experience with guns in PPP hands, he wrote,
“It reveals the role of the state in perpetuating crime and criminality as part of the political agenda, regardless of which political party is in power. The rule of law is bilaterally violated.”
Recently, attorney-at-law, Mr Christopher Ram publicly warned President Ramotar that by misusing testimony in an ongoing Inquiry to attack his rivals the President was undermining a presidential commission and bringing his own motives in appointing the commission into question. In this issue the President seems to prefer the views of Dr Luncheon rather than those of his Attorney General.
Until Guyanese of all parties and all races are willing to see their own leaders publicly and fairly examined and made accountable, we are skylarking about democracy and rule of law. This applies strongly to those who have held state power. We can’t dodge this rule. If we want our own leaders to be above the law, we are all doomed.
I have always seen governments dipping into the country’s armoury as a danger to peace and the health of the society. In 1990 it was my role in the WPA to release the much disputed arms transfer document to the public rather than be part of the cover up. Out of regard for all sides of the Inquiry I merely point out now that no investigation of WPA persons, and no charges by those in control followed our publication at our press conference of February 25, 1980. Some are now treating the publication as seditious libel or forgery.
In 1997, after the premature declaration of the PPP’s Mrs Jagan as the President, there was tension in the city. Not long after, the Stabroek News reported that the police had found a sizeable cache of firearms and ammunition at the home and premises of a PPP activist in a particular place. I was disappointed that no charges followed and decided to file a private prosecution against the suspect.
When the matter was called, it was attorney Mr Ronald Gajraj who appeared for the defendant. (He later had to withdraw when he became Minister of Home Affairs.)
My filing was faulty, and I withdrew it, to the other side’s relief. However, I sought fresh advice and brought the case again. When I filed again, the Magistrate was most unhelpful. Week after week my witness summonses remained not served. Then His Worship finally advised me to serve the summonses myself. I knew he was wrong but I bowed and went through the motions. I gave him no chance to accuse me of contempt, or use my argument to strike the case off his list.
Before the next hearing, a senior member of the Bar and retired judge saw me at a funeral and asked me whether I needed help. I readily accepted. On entering appearance, he argued, “I have looked at the provisions in law. The complainant had done everything that he needs to do.” The Magistrate only then ordered the proper officer to serve the summonses. (It was no longer my duty.) When the hearing began strange things came to light.
- The Assistant Superintendent who had led the raid on the PPP suspect’s home and premises testified nervously about the raid and the discovery. However he fearfully reported fewer weapons than actually seized. He did his duty while hoping not to offend too much.
During this testimony, it became known to all present that the page of the Property Book with the list of items seized had gone for a walk. It was magically missing from the big ledger.
- Further questioning showed that, in the ripping, only the page on the left side of the middle spread, page 42 , had been removed, leaving the page 43 on the right side intact. The ripping had been bungled.
- The next witness, a Deputy Superintendent, read aloud, and the complainant copied the text of a note on page 43. It was the copy of an order an order from the Commissioner of Police for a named officer to “escort” the arms and ammunition found on the suspect’s premises to his office at Eve Leary, Georgetown.
- At the very next hearing of the case, there was confusion in the court. The Property Book, all of it, had disappeared, escaped from lawful custody. The importance of the ledger did not matter. It was the right-hand page with the strange order that had to be unavailable. This was five years after 1992 and “the return of democracy” with a PPP victory.
- The Magistrate adjourned the matter. He devoted several sittings to an inquiry into the disappearance of the Property Book. The mystery remained unsolved.
- The Magistrate next told the defendant that there was no evidence against him and dismissed the case.
There is a puzzling and troubling factor. It is the attitude to the Gajraj Commission into an alleged link between Minister Gajraj and a series of extra-judicial killings. The commission’s report lamented the fact that the loudest complainers failed to appear before the commission! The complainers even failed to engage a lawyer to expose the strange murder of George Bacchus, and probe the testimonies of the first whistle-blower in the episode. Only Commissioner Keith Massiah’s minority comments remarked that the evidence cast doubt on the Minister’s integrity.
There were and are justified calls for an inquiry into extra-judicial killings since 2005. I am one supporter. Who will appear as witnesses?
Yours faithfully,
Eusi Kwayana
