The five members of the Advisory Council on the Prerogative of Mercy was yesterday afternoon sworn in by President David Granger who urged that they be guided by the need for mercy and compassion for those who have broken the law.
“…in Guyana we need that quality of mercy. We need to transform our political culture from this dog-eat-dog mindset that some people seem to have adopted over the years. We need to be more compassionate, more merciful and if you have a president, who is not compassionate, who is not capable of extending mercy, what sort of country are we living in? What sort of country you want our children to grow up in?” Granger said shortly after the oaths were administered.
The members of the council are Dr Carl Hanoman, Justice Duke Pollard and Yvonne Harewood- Benn along with Merle Mendonca and Justice James Patterson, both of whom are members of the ongoing Commission of Inquiry (CoI) into the deadly prison fire that claimed 17 lives. In brief remarks, Granger expressed hope that the council develops a spirit to work for the common good of Guyana. “This is the spirit I would want to feel that this council would spread, that we are not at war with each other and that we share greater compassion to persons who might have fallen foul of the law. To youngsters, who might have committed some offence, give them a break. Give them a second chance,” he stressed.
The president expressed appreciation to the council members for stepping forward to carry out the responsibilities of the body and expressed hope that in the coming years, younger people will be able to follow their example.
Granger told the small gathering that the Constitution has established the committee and he is obliged to act on their advice. “I am guided by advice. I have always done so,” he said, adding that he was criticised for releasing 11 women from prison so that they could be home with their children. He said the number was 11 because those women were the ones who satisfied the criteria. He emphasised that he did this after being advised.
“There again you see I am not an impulsive person. I did do a thorough check and I did act on advice,” he said while adding that he was heartened to have received thank you letters from the mothers he had pardoned. Granger said the prerogative of mercy can be extended to any person convicted of any offence on the law books. The president’s use of the word “impulsive” was seen as a jab at businessman Brian Tiwarie who recently accused him of acting impulsively in rescinding his appointment as a business advisor.
Noting that the right of the exercise of the prerogative of mercy is “not unfettered,” he said everything he has done for the last 11 months has been in accordance with the Constitution.
“The powers I exercise under this part of the Constitution will be determined and guided by the advice of the council. I therefore don’t have the opportunity to behave in an arbitrary or capricious manner,” the president emphasised. He told the gathering that the ceremony was all about the “type of country you want to live in. The type of relation we want to have with each other, compassionate and merciful relations.”
Granger urged the quintet to be fearless in the execution of their duties. “I get criticised every day and every night and twice on weekends but you must be prepared to bring your culture, your values, your religious faith, your beliefs, your spirit of compassion into the functioning of this advisory council and let those values permeate society,” he asserted.
“Let our youngsters in schools understand that they can be friendly with teachers; that they are not at war. Let political parties realise that they don’t have to fight each other,” he said before speaking about resistance from some in the political circle following the just concluded Local Government Elections.
Article 189 (1) of the Constitution makes provision for the establishment of an Advisory Council on the Prerogative of Mercy, which shall consist of the Attorney General who is to be chairman, along with not less than three and not more than five other persons who shall be appointed by the President and of whom one shall be a person who is a qualified medical practitioner.
Article 189 (2) says that a person who is a member of the Advisory Council cannot be a member of the National Assembly and not less than three of the members so appointed shall be persons who are not public officers.
Attorney General Basil Williams was also present at the swearing-in ceremony.
