Lawyers for former president Bharrat Jagdeo yesterday argued for the private criminal charge against him to be dismissed, when the case was called in the Whim Magistrate’s Court.
The charge was brought by attorney Christopher Ram over controversial statements Jagdeo had made at a remembrance ceremony for late president Cheddi Jagan at Babu John, Port Mourant on March 8.
Although Jagdeo did not appear in court to answer to the charge before Magistrate Charlyn Artiga, his panes of lawyers consisting of Senior Counsel Bernard De Santos and attorneys Mursaline Bacchus, brothers Ian and Adrian Anamayah and Perry Gossai made legal submissions.
De Santos and Bacchus argued that the charge was bad in law and should not be allowed since the complaint was not sworn nor read by a sitting magistrate. Bacchus added that the section does not make out an offence hence, there can be no conviction. After submitting case laws to support their submission they called on the sitting magistrate to dismiss the case.
Responding, Ram’s attorney Trenton Lake asked for time prepare a rebuttal to the defendant’s submission. This request was granted by Magistrate Charlyn Artiga and the case was put down for May 25.
The offence required Jagdeo to plead. However, his non-appearance prevented this. According to De Santos his client was never served a summons.
Responding to the claim, Lake told the court that on two occasions an officer of the law attempted to serve the summons but was unsuccessful. He explained to the court that on one occasion when the officer went to deliver the summons he was told by a guard that Jagdeo was asleep. The guard also refused to accept the summons.
Meanwhile, a group of People Progressive Party (PPP) supporters including Minister of Health Dr Bheri Ramsaran, Faizal Jaferally, Berbice Regional Health Authority CEO Dr Vishwa Mahadeo, Regional Chairman David Armogan, and Regional Vice Chairman Bhupaul Jagroop converged outside the court.
As Ram, his attorney and his associates, including social activist Sherlina Nageer exited the court compound, some of the approximately 100 PPP supporters heckled and threw insults at them; they also declared that they will support Jagdeo until the matter comes to an end.
At one point, Nageer approached Ramsaran and queried why he was there when there were so many maternity deaths in the public hospitals. Ramsaran then heatedly admonished her to get out of his face as he was having a private conversation. At the time, he was speaking to members of the media.
As the insults continued towards Ram and his group, he was forced to take another route as he exited the court area.
Members of the Guyana Police Force and community police who were present controlled the crowd and ensured that they too exited in a peaceful manner. The neighbourhood police escorted supporters as far as the main public road.
Jagdeo is accused of making statements at a public meeting held at Babu John, Corentyne on March 8 which could have resulted in racial or ethnic hatred among the people.
The charge was filed on April 8, a month after the statements were made.
