Members and supporters of the Society Against Sexual Orientation Discrimination (SASOD) and the Guyana Equality Forum (GEF) on Friday staged a picketing exercise outside of the city magistrates’ courts to protest a magistrate’s decision to bar a transgender woman from his courtroom because of her clothing.
In light of the decision by Magistrate Dylon Bess, who barred Petronella Trotman, born Ronell Trotman, from his courtroom and also dismissed her assault complaint, SASOD’s Managing Director Joel Simpson told Stabroek News that the handful of protestors were protesting the lack of access to justice for transgender people in the court system.
Simpson explained that Trotman, who has been wearing female attire for the last 20 years, identifies herself as a transgender woman and Magistrate Bess denied her access to the court, thereby denying her constitutional right. “You are entitled to a free and fair hearing, and the matter should not have been held in-camera since it isn’t related to sexual violence or doesn’t involve a minor,” Simpson said in reference to the magistrate’s decision to try the case in-camera on at least two occasions.
Simpson noted the recent decision by the Court of Appeal to uphold the High Court’s ruling that cross dressing is not a crime. He said that the first thing the courts have made clear was that cross dressing is only considered a crime unless it is for an improper purpose. He added that there was no insinuation by the Chief Justice or the Court of Appeal that accessing justice when somebody attacks you or assaults you could be an improper purpose. “We are saying that Bess is acting out of his own transphobia and his own agenda,” he charged, before adding that regardless of what the magistrate believes about transgender people, they should not be barred from the court. “I think the magistrate is no doubt biased and is consistent on the issue; it is not the first time he has barred trans-women from the court,” he added, while noting that on three occasions last year, Magistrate Bess barred transgender woman Twinkle from his court. Twinkle, like Trotman, was the virtual complainant in an assault case.
According to Simpson, the Director of Public Prosecutions (DPP) would be asked to appeal Magistrate Bess’ decision on behalf of Trotman. He said that they have 14 days in which to ask for an appeal, which gives them until Thursday this week. “We have drafted a letter based on the constitutional violations that have taken place but our lawyers are waiting for the case jacket from the court to see what he [Magistrate Bess] has documented for his reasons for dismissing the case before we finalise the letter and send it to the DPP,” he explained.
The protesters hope that the decision would be appealed by the DPP and Trotman will have a fair hearing by a fair judge.
Among the supporters of the peaceful protest was member of the Guyana Equality Forum Danuta Radzik, who said that the actions of the magistrate is a real violation of the rights of a citizen of Guyana. “People have rights and people have a right to dress how they want to dress. The judicial system needs to ensure that the fundamental rights of persons with different sexual orientation, and gender identity is respected in Guyana,” she said.
Radzik noted the backwardness of Guyana, while saying that people are moving forward on this issue the world over. Radzik, who believes that the magistrate has a personal bias against the transgender community, argued that one cannot allow their own personal bias to influence a person to be denied justice. “Petronella is a survivor of assault and her right to justice was denied and the judiciary should look into it,” she added.
At least one senior member of the bar, Senior Counsel Ralph Ramkarran, has criticised the magistrate’s handling of the case, while saying a grave injustice has been done to Trotman.
In his Conversation Tree column, Ramkarran noted that Trotman had declined the Magistrate’s injunction to dress like a man and on the following two occasions, she was not permitted to enter the courtroom.
“I am sure that Magistrate Bess thought that what he was doing was right. I believe that he felt that he was upholding the law and probably public morality as well. But Petronella committed no wrong. She was the wronged party. Her allegation was that someone had assaulted her. She would have made a report to the police.
“She then attended court to seek the justice that she believed that she was entitled to. But Magistrate Bess did not believe that she was entitled to justice if she was not dressed like a man. Magistrate Bess was grievously wrong and a grave injustice was done to Petronella Trotman who only appeared to have offended the sensibilities of His Worship.
“This is no small matter. Petronella’s rights were seriously violated. It is hoped that the Director of Public Prosecutions will take over this matter, appeal the decision and ensure that justice is done to a law-abiding citizen who was refused justice for no justifiable reason,” Ramkarran wrote.
