Government Minister Nigel Dharamlall on Tuesday launched a severe attack on two judges of the Court of Appeal and redacted portions of it yesterday after coming under criticisms from the bar association and others.
Responding to a majority-decision ruling on Tuesday by the Guyana Court of Appeal stating that it had jurisdiction to hear the appeal of a decision to throw out an APNU+AFC election petition, Dharamlall named the two judges and called them biased and said that they should be defrocked.
Legal observers note that while all decisions of the court can be criticised the charge of bias and the call for defrocking were out of order particularly as it emanated from a member of the executive. The attack would also be construed as an attempt to intimidate the judges and lower the esteem of the judiciary in the eyes of the public.
Up to press time yesterday, the government had not commented on Dharamlall’s statement which was posted on Facebook.
Two of the presiding judges, Chancellor of the Judiciary (Ag) Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory asserted that the Court of Appeal has jurisdiction to hear the appeal of the petition, while Justice of Appeal, Rishi Persaud did not agree.
Shortly after the ruling, Local Government and Regional Development Minister, Dharamlall on his Facebook paged posted, “Same two judges who ruled that 33 is not the majority of 65. Their bias is obvious. They should be defrocked. Luckily, the Caribbean court of Justice is our apex court”.
His comments sparked widespread criticisms on Facebook and later from the bar association and political parties. Dharamlall later edited his statement to exclude the words “bias” and “defrocked”. The edited post then read, “Same two judges who ruled that 33 is not the majority of 65. Luckily, the Caribbean court of Justice is our apex court”.
The adjustment was made shortly after the Guyana Bar Association (GBA) called for the comments to be “properly and immediately” withdrawn, stating that they are not suitable for a member of the executive.
“While judges and their decisions are not immune from criticism, it is expected that those in leadership positions, particularly those who are part of the executive and or exercising executive power, such as the Hon. Minister, ought to be responsible in their comments,” a statement from the GBA said.
“The Hon.Minister’s aforesaid comments are not befitting an office of the executive. In the premises, the said comments ought to be properly and immediately withdrawn,” it added.
In a statement, the Alliance For Change (AFC) deemed Dharamlall’s criticism as a threat to the independence of the judiciary. “The AFC sees the statement by (President Irfaan) Ali’s Minister of Local Government Nigel Dharamlall as an attack against judges who exercise their independence and is a clear indication of the arrogance of the Ali government,” the party said.
The party categorized, Dharamlall’s statement as offensive and demanded that he issue an apology to both of the judges.
“The Party finds it abominable that a sitting minister of government believes that he can attack Judges of our Court especially our women Judges without fear of reprisal. Dharamlall’s statement is also viewed as an open attempt to intimidate Judges into ruling in the government’s favour. It threatens the independence of our Judiciary,” the statement added.
The AFC also called on President Ali, Attorney General Anil Nandlall – the leader of the bar – and civil society groups to condemn the Minister for the comments made.
Meanwhile, the People’s National Congress Reform (PNCR) described Dharamlall’s comment as blunt and crude. “…Minister Dharamlall was blunt and crude, reflecting in no uncertain terms, the discriminatory and contemptuous position of the PPP when it comes to Guyanese professionals holding offices of power in this country,” the PNCR said in a statement.
As such, the party said it rejected Dharamlall’s attack on the judges which it described as deliberate.
“It is deliberate and represents a deep philosophical position of the PPP……The People’s National Congress Reform categorically rejects the calculated and deliberate attack on the nation’s judiciary, and more particularly, the nation’s Chancellor, and a Senior Judge of the Court of Appeal,” the PNCR said in the statement.
The party further stated that it will not allow the judiciary or any other arm of the state to be “dominated, manipulated and controlled” by the PPP/C.
Saying that it is enraged but not surprised, the Working People’s Alliance (WPA) said it believed that Dharamlall’s call to defrock the judges is an attack on the integrity of the court.
“WPA has no problems with criticisms of rulings by the court, but we strongly object to the singling out of officers of the judiciary for the kind of mindless attacks we hear from the Minister. The Minister is not a private citizen; he is a government operative bearing all the power of the government and the State. Since the minister knows that the judges cannot be removed, his statements have to be read as inciting hatred against that section of the judiciary,” a statement from the WPA said.
The party further rejected claims that Dharamlall’s criticism can be categorized as free speech. “….WPA views this as nothing short of political thuggery in high places. The Minister’s utterances are part of the larger PPP plan to muzzle all individuals and institutions which disagree with the government,” the statement said.
According to the WPA, Dharamlall’s adjustment of the initial statement does not reflect any remorse. “Until the government (censures) the minister and makes a definitive statement rejecting the letter and spirit of his call to action, WPA holds the government equally responsible for this act,” the statement added.
