The judiciary yesterday expressed “grave concern” over attacks on it in a Guyana Chronicle report.
The report in yesterday’s edition of the state newspaper carried remarks by Prime Minister Moses Nagamootoo and Attorney General Basil Williams.
Comments by the duo pertained to the High Court ruling that Finance Minister Winston Jordan be imprisoned for contempt of court.
In a statement, the Judiciary said it had noted with grave concern an article in the Chronicle captioned “We have a right to protect taxpayers’ money’ – AG flays ‘PSC’s hypocritical’ stance on Dipcon matter… PM says judge’s action smacks of vendetta” in which it says aspersions were cast on the judiciary in relation to a matter before the Court.
“The independence of the Judiciary and the rule of law must be maintained at all times.The Judiciary would like to emphasize that anyone who is dissatisfied with a judgment or a decision of a court has a right of appeal, and this is the avenue by which a lawful challenge to any judgment or decision can be made.
“The Judiciary once again reaffirms its independence and integrity”. The statement did not indicate who it was attributable to. The Head of the Judiciary is the Chancellor, Justice Yonette Cummings.
Shortly before the statement from the judiciary, the Prime Minister released a statement saying that he had not attacked any judge.
The statement said that he had “noted with deep concern reports today in sections of the media that he has made inappropriate remarks about the `action’ of a judge.
“The Prime Minister did not criticise any judge but condemned the legal action to cite a Minister of Government, in his personal capacity, for contempt of court.
“We believe that the action itself was frivolous, vexatious; it has no merit,” the Prime Minister said and added that it smacks of vendetta, and opened the Minister to odium and ridicule from the political opposition.
The statement added that the “Prime Minister regrets any disrespect towards a judge that the distorted reports would have conveyed”.
The Prime Minister’s statement did not identify which sections of the media had carried it even though it was prominently carried in the Chronicle over which the PM has supervisory control.
Later, the Department of Public Information released a statement regretting what it said was the misreporting of remarks that Nagamootoo had issued.
It released the quote it said he had given on the matter. The quote is as follows:
“Cabinet has looked at the situation and found that the president has done the right thing by granting a reprieve to the Minister of Finance, Honourable Winston Jordan. We believe that the action itself was frivolous, was vexatious, it has no merit. You do not go after a person in a matter where liability is against the State. You cannot enforce that position by going after that minister in person, it’s going to open all processes to abuse; it means anyone can go against a judge, you can ask the imprisonment of a magistrate, you could ask the imprisonment of the President, the Leader of the Opposition. The law presumes that the person who do certain acts in their official functions, they are not liable in person and therefore, to seek the imprisonment of a minister for debt that had been accrued or a decision that had been made against the State, smacks of vendetta. For me, it’s kind of a judicial wrath for us to talk about imprisoning a government official – a minister of the government who was exercising his function officially to penalise that person, in person, for liabilities that may not have been accrued to him personally. Cabinet, not only supported the decision to grant a reprieve until all judicial processes have been completed, but Cabinet reposed confidence, full confidence, in the Minister of Finance, Winston Jordan. We believe that the action against him had exposed him to contempt and ridicule. We believe that it was unfair and unjust and unprecedented that this should happen to a public servant – someone executing public policies and public functions. And, we believe that this attack on the integrity of the minister was unwarranted, it was unwelcomed, and we want to say very openly that all Members of the Cabinet, all his ministerial colleagues believe that he has done nothing wrong and that he is completely exonerated from any shadow of our doubt that he was anything other than honourable and he has received our full support.”
The granting to Jordan by President David Granger of a respite from the contempt charge has been seen in some quarters as interference with and defiance by the government of decisions of the court.
