Dear Editor,
The Attorney General and Minister of Legal Affairs refers to the headline in the Stabroek News dated Thursday, 21st March, 2019 ‘Press Association calling on AG to apologise for attack on Stabroek News’.
The Attorney General refutes the allegation of the Guyana Press Association (GPA) that he attacked Stabroek News. The Attorney General recognises the significant role that the press plays in a democratic society. Therefore, whether their reports are favourable of the Government or not, they are integral to the democratic process that enables our citizens to be informed and become active participants in society.
However, while recognising the role of the media, the Attorney General strongly condemns the peddling of false information by the media that seeks to besmirch the characters of persons and communicate anything other than the truth to the Guyanese people. This conduct is unethical and should be called out by all who stand for the truth. The Attorney General notes the threat by the GPA to boycott any press related event held by him.
The Attorney General did not attack Stabroek News as asserted by the GPA but rather was responding to attacks on his character and the work of the Attorney General’s Chambers and Ministry of Legal Affairs. The letter of the GPA failed to disclose that the response of the Attorney General to Stabroek News was in response to publication by the Stabroek News, of a letter written by Clement Rohee entitled “Judge exercised enormous amount of patience with Mr Williams” dated Monday, February 25, 2019 and other articles libelling the Attorney General; for instance, “Solicitor General Resigns” dated Thursday, February 21, 2019, “Jagdeo laments sloth in hearing of no-confidence appeals” dated Monday, February 25, 2019 and “Hearing of AG’s confidence ruling stay applications set for Thursday” dated Tuesday, February 26, 2019. The GPA was also silent on these articles and the untruth they contained.
By law, the Attorney General has qualified privilege to respond to any reports or articles about him and about the Attorney General’s Chambers and Ministry of Legal Affairs. The defence of qualified privilege permits persons in positions of authority to repel statements that would be considered slander and libel. He has the right to defend his personal reputation as well as the office of the Attorney General and Minister of Legal Affairs.
Additionally, in accordance with Article 146(1) of the Constitution, the Attorney General has the right to disseminate information to the Guyanese people. This Article states, “Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to communicate ideas and information without interference and freedom from interference with his or her correspondence”.
Since coming into office, the Attorney General has taken a strong stand against corruption and money laundering, the financing of terrorism and the financing of weapons of mass destruction and other transnational crimes. Many laws have been passed in this regard and seminars held countrywide. This is in line with the policy objectives of the Government and the Attorney General has been able, together with his team, to remove Guyana from blacklisting by the Financial Action Task Force, the Caribbean Financial Action Task Force (CFATF) and the Delegation of the European Union.
Accordingly, a boycott of the Attorney General’s work will prevent this information, which demonstrates the zero tolerance policy of the Government against corruption, money laundering, the financing of terrorism and the financing of weapons of mass destruction and other transnational crimes, from reaching the Guyanese people. Furthermore, a boycott of the Attorney General’s work is a boycott of the Government.
The Attorney General also takes note of the fact that the GPA did not reprimand the Stabroek News for their libellous headline and story namely “Solicitor General Resigns” dated Thursday, 21st February, 2019. One of the objectives of the GPA as detailed in their Constitution is, “(iii) to encourage and foster the observance of high professional standards by its members and to establish and prescribe such standards”.
Moreover, in paragraph 22 of the GPA’s Constitution, the ‘Declaration of Principles and the Conduct of Journalists’ is set out. The principles are “proclaimed as a standard of professional conduct for journalists engaged in the gathering, presenting, disseminating and commenting on news and information and in describing events”. These principles speak of respect for the truth, the need to present the public with the truth, and honest collection and publication of the news.
However, Stabroek News failed sorely in this regard by hastily and without verification publishing that the Solicitor General had resigned, which was contrary to the truth. They did not deem it fit to fact-check and solicit a comment from the Solicitor General, the Permanent Secretary or the Attorney General. Instead, when threatened with a lawsuit for libel, they offered what can only be deemed as a backhanded apology to the Solicitor General.
Despite their breach of the Declaration of Principles and Conduct of Journalists stated in the GPA’s Constitution, the GPA did not, in keeping with their objective of promoting high professional standards, call out the Stabroek News on their report. The GPA was also silent on the following articles in the Stabroek News and the untruth they contained, namely “Judge exercised enormous amount of patience with Mr Williams” by Clement Rohee, and other articles libelling the Attorney General; for instance, the articles “Hearing of AG’s confidence ruling stay applications set for Thursday” dated Tuesday, February 26, 2019, and “Jagdeo laments sloth in hearing of no-confidence appeals” dated Monday, February 25, 2019.
The requesting by the GPA of an apology on behalf of Stabroek News raises the question whether this is within their remit. The Constitution of the GPA does not offer any clarity on the matter. However, it is of concern that the GPA would request such an apology when Stabroek News itself never officially or personally in any correspondence, requested an apology especially since the GPA may not be privy to detailed information or circumstances surrounding this issue. The words that the GPA purported to take umbrage to, were used in a context that could not amount to any vituperation.
On the other hand, it appears that the GPA has no problem with an article appearing in Kaieteur News on page 9 of the Monday 6th March, 2019 edition captioned ‘Guyana is getting shafted’. It is not my intention to interpret the connotation of this phrase but it is not difficult to convince a person that the GPA is selective in its judgment, or elective in these circumstances, and clearly demonstrates a manifestation of bias.
In any event, the proposal of a boycott of the Attorney General in their publications is puerile. The Stabroek News and Prime News do not give any media coverage to the Attorney General; save and except for unfavourable coverage. For instance, they have never referred to the Attorney General in his capacity as chairman of CFTAF. Only last week, in reporting on the United States’ State Department’s International Narcotics Control Strategy Report in their paper, they failed to attribute any of Guyana’s successes to the Attorney General.
The GPA must see its remit as being that of a higher and perpetual retainer engendering sound and professional conduct on behalf of its members.
Yours faithfully,
Basil Williams,
Attorney General and
Minister of Legal Affairs
