Miles Fitzpatrick SC passes away

Miles Fitzpatrick
Miles Fitzpatrick

Hailed for his role in championing human rights and social freedom in pre and post independent Guy-ana, tributes poured in yesterday for Senior Counsel Miles Fitzpatrick, who passed away on Tuesday night after a period of illness.

He was 83 years old.

Fitzpatrick, one of the founding partners of the law firm, de Caires, Fitzpatrick and Karran, was also one of the original directors of Guyana Publi-cations Inc., the publisher of Stabroek News when it was launched in November of 1986.

“He has been a serious resource for freedom, free speech and human rights. He has refined the human rights to a remarkable degree,” Eusi Kwayana told Stabroek News via phone from the United States yesterday.

“He was a person of fine diligence and humanity and his intellect and know-ledge ranged far beyond the law. He was a universal mind and had views on all sorts of trends and thoughts,” he added, as he expressed sadness on learning of Fitzpatrick’s passing.

Kwayana, who fought alongside Fitzpatrick with now deceased Presidents Forbes Burnham and Cheddi Jagan, and other original People’s Progres-sive Party members, for Guyana’s independence from British colonial rule, lauded his former colleague for the role he also played in the post-independence period.

Miles Fitzpatrick (third from right) with from right Janet Jagan, Reepu Daman Persaud, Malcolm Rodrigues and Eusi Kwayana

He said that after Guyana’s independence, specifically during the 1970s, Fitzpatrick himself and other politicians would meet and discuss current events of that oppressive era and what could be done to better the lives of Guyanese. It was during one of these meetings that Kwayana credits Fitzpatrick for pointing out that this country’s constitution at the time did not cater for gender equality as a fundamental right. He said he would years later use Fitzpatrick’s position and take it to the Parlia-ment, which saw a number of Acts for women being passed.

“We used to have these groups discussing the formations of what was taking place in the ‘70s. When we were discussing fundamental rights, he pointed out that Guyana’s constitution did not guarantee nondiscrimination…on the grounds of sex and it was a shock to us. I was so impressed that it remained with me lodged in my mind until around 1986, when I was with the WPA and they sent me to parliament and I raised it on the floor with Attorney General Mohammed Shahabuddeen and it was quite a moment. The constitution which I challenged…was of course the constitution of 1980, which also had no guarantee in the fundamental rights against discrimination on the grounds of sex. It was because of Miles Fitzpatrick’s recommendation that I challenged the AG and the government on the floor,” he related.

And while Fitzpatrick was a strong defender of the people and supporter of civil liberties against the oppressive Forbes Burnham-led PNC, he believ-d that protests, both active and in written word, should not show any violence.

“When we were campaigning on violence and how this country was going during that time, he added that violence in language was important and to be avoided,” Kwayana said.

He said that memories of Fitzpatrick would be of a man full of knowledge and legal prowess but whose passion was to see equality for every Guyanese.

Gender Equality Efforts

Fitzpatrick’s humanitarian and gender equality efforts were also hailed by People’s Progressive Party Executive, Gail Teixeira, who Fitzpatrick represented when charges were brought against her for protesting against the PNC.

Of her former party comrade, Teixeira said, “I am very saddened by his passing; honourable and principled strong fighter for human rights. In the 1970s he played a very important role for free and fair elections in Guyana and he remained true in those. It is not just the passage of lawyer but of an outstanding Guyanese. I hope the younger generation research more about the contributions he made in the law and the struggle for democracy and constitutional reform. He fought for equality for men and women and all Guyanese, regardless of, to have equal rights. He believed that women were equal, having worked with him…one felt they were listened to and respected as an individual,” she said.

“His fight was not only in Guyana but in the Caribbean …for his very vocal stance and role in fighting for democracy.  He had a lot of courage. In that 70s to 1992 time, he was not afraid to defend people. Father Morrison wrote about this. Both Bernard (De Santos) and Miles, they were ostracized for standing up for civil rights in the courts. Many times they did it pro bono. He defended me…I was charged with libel by Hamilton Green… the case was heard but was never concluded. Miles was very dependable and when he said he would do something, he would. His office was piled with work but he still did [fight],” she added, while pointing out how honoured she felt to work him.

His simplicity and affable characteristics stand out for Teixeira. “He lived a very simple, humble life, nothing ostentatious; for with him, what you saw was what you get. This is a person that I wish more people were like,” she said.

‘Unique’

Law firm partner and friend of Fitzpatrick, attorney Timothy Jonas, zoomed in on his compassionate traits.  “I think that when you talk to most people outside of his family circle, they will tell you what a legal brain he was. There was no doubt he was of great legal mind. What for me placed him outside of his legal profession, was that he put his client first, he put his clients first always. Even more importantly than that, when you know him, you realise that for him, his professional life was only one small aspect of who he was. He was a tremendous humanitarian. He saw that we all had feet of clay. Lawyers, we see all the greed in humanity, he saw the feet of clay and yet he was not judgmental and that was the humility in him. That made him a unique person. He was a humanitarian and he saw the vicissitudes and virtues of humanity,” Jonas said.

“The best judge of anyone’s character is how they treat the people under them. Anyone who has ever worked with Miles will tell you that he was punctiliously respectful—to the lowest level messenger and the most junior that he comes across.  That shows self-respect and the inherent decency that is lacking in Guyana’s society,” Jonas added.

And Fitzpatrick’s love for horseracing and football will be fondly remembered by Jonas. “He was an avid horseracing fan, and football enthusiastic. For him, horse racing was the beauty of the animal, the artistry of the sport. But he was wasn’t above putting an occasional bet on a horse. He was one of the finest human beings I have met and that says a lot,” Jonas voiced.

‘Inspired’

Fitzpatrick’s longtime friend and fellow Senior Counsel, Ralph Ramkarran, expressed his grief and how “difficult” it was for him to cope with the death, even as he reflected on time spent with a man that has inspired him from his teenage years. 

“I have known him from 1973, but I knew of him long before and I had seen him in public meetings in the 1960s when he was a colleague of my father. I have known him since I was a teenager and he always inspired me. We became very [good] friends, although he was 10 years older, and we were both concerned about the political situation in the country, which was getting bad to worse.  You see, in 1973, elections were held and there was massive rigging and three people had died in Berbice. So everybody was concerned, including him. It was during that period of time he had resigned from politics and was a civil and social activist and never looked back,” Ramkarran noted.

So passionate was Fitzpatrick about justice and equal rights for persons, that he was very instrumental in establishing the first legal aid agency here. “That didn’t succeed because it didn’t have funding, they had to get external funding. Our engagement in politics was through the Guyana Bar Association and the Administration of Justice Bill, and through that, the Bar Association was revived and we both became bar council members. Right up to 1992, we were very active fighting for free and fair elections, condemning police brutality and these things,” he added.

Fitzpatrick did not think about self-aggrandizement, as Ramkarran pointed out that he was offered “silk” twice and turned it down because he felt that the PNC had rigged the elections and he could not accept the accreditation from an illegal government. “He was a man of great principle and do you know that he rejected the appointment of senior counsel until he believed the government was lawful? Shahabuddeen once offered it and he refused and another time it was offered and he said he was standing on principle and could not take it. He was appointed as a judge once, went up to the swearing in ‘70/’72, Arthur Chung, and the president never showed up. Appointed by the judicial service commission, a strong supporter of liberal and progressive causes,” Ramkarran related.

Ramkarran said that while he [Ramkarran] took up active politics, Fitzpatrick was interested in social justice activities, only being active on the “fringes of politics”.

Aside from work, Ramkarran pointed to the “lighter” side of Fitzpatrick, who he also credits for him joining the Cameron and Shepherd law firm, as it was he who had recommended him. “He was a very effervescent person, easy to laugh, never allowed the serious things of life to daunt him. He loved his music; jazz music and wine, football and horseracing…those things entertained him,” he said.

Former President, Donald Ramotar, also expressed condolences, saying that Fitzpatrick will always be honoured by the PPP for work he did over the decades in bringing free and fair elections to Guyana in 1992. “I feel privileged for the opportunity in knowing him. He was not only a brilliant lawyer but one with strong social conscience and it was that social conscience that led him to join the PPP in the fight for independence. He made very valuable contributions in us getting free and fair elections in 1992. And although he was not active in party politics for decades, he had a strong social conscience…the best way we can honour his memory is fight for human rights and decency,” Ramotar said.

‘Endless Joy’

Fitzpatrick’s wife of 54 years, Sultana, shared reflections of the fond memories they made together, as she pointed out that to her, their only son Gary, and their two grandchildren, Fitzpatrick brought endless joy.

“Next month, on April 24th, it would have been 54 years of marriage. I knew Miles since I was 15 years old. He was such a kind and generous man, he loved his home and music. He loved his jazz and classical music. He liked being in the kitchen too. He loved cooking and good wine. Miles would experiment with lots of different things and loved baking. He said that it was something completely different to law and was something he could do with his hands rather than with his brain,” she reminisced.

“He loved football and oh, how he loved the horses. Whenever we were abroad, he would want to go to the tracks. His father was a magistrate and a solicitor and he used [to] be timekeeper at the tracks, so he grew up liking horses and the races. His best friend was David (de Caires) and we grew like family. I can go on and on but Miles was a wonderful husband, attentive father and loved being with his grandchildren. I cannot begin to express to you how I feel,” she said.

Stabroek News Editor-in-Chief Anand Persaud said “As part of a group of close friends of David de Caires, the founder of Stabroek News, Senior Counsel Miles Fitzpatrick played a key role in the establishment of the newspaper. He was part of the first board of Guyana Publications Inc, the publishers of Stabroek News in November 1986 and remained a Director until 2008.

“Whenever de Caires was not present in the early years, Fitzpatrick took charge of areas such as editing letters and also wrote a column. He was particularly instrumental in the training of reporters on the laws of libel and handling any legal cases that arose against the newspaper. As a director, he was fully involved in advising during periods when there were serious challenges to the newspaper. The newspaper will be forever indebted to him for his sage advice and input”.