Dear Editor,
The comments of Professor Duke Pollard published on the 17th February, 2019, in the state-owned newspapers, Guyana Chronicle, under the caption `CJ misdirected herself’ are not only offensive to the rules of our society and the legal profession as it offends the sub judice rule, but it can also result in Professor Pollard being brought before the Court for Contempt because it can be deemed to substantially prejudice or interfere with the outcome of the pending case before the Court of Appeal to determine the validity of the no confidence vote on 21st December, 2018, and the application by the government for an interim stay therefor.
There are rules and laws governing the prejudicing or interfering with pending cases both here in Guyana and other parts of the world. In Guyana, it is part of our common law as well as an Act passed by our Parliament, the “Contempt of Court Act” CAP 5:05. The relevant sections of the Act says in summary that a person who does any act (which includes fair comments) that substantially prejudices or interferes with or obstructs any court proceeding that has not been determined finally is guilty of an offence.
The former judge is most certainly aware of this rule and law. Pollard, being a former judge of the Caribbean Court of Justice, his public statements can substantially prejudice and interfere with cases that have not been finally determined. In addition, he states that he is aware that there is an appeal filed and there is an interim stay application pending. The consequences of his statement is not merely a situation where as a former judge he should know better or that it is offensive to the legal profession, he can and should be brought before the court for contempt. Rules and laws keep order in our society and no one is above that.
Yours faithfully,
Charles S. Ramson.
Attorney at Law
