Georgetown Mayor, Ubraj Narine, whose Guyana Defence Force (GDF) Reserve position was recently taken away, plans to take legal action on the basis that his termination was unlawful as he was not on active duty, sources close to him have disclosed.
“He will be challenging it… he was not on duty,” a source close to the Mayor told Stabroek News.
The source explained that while the GDF can discharge a reserve officer for behaviour it deems not acceptable, that reserve had to have been formally informed that they were on active duty and Narine had no such letter stating this.
In addition, before dismissal in such cases as Narine’s, the army reservist should be first asked to defend their actions and the penalty or penalties comes afterwards. “He was off duty and doing his work as a politician…,” the source said.
Following utterances over the intended removal of vending caravans outside of the Georgetown Public Hospital, Narine was last week stripped of his reserve position with the GDF announcing it by way of a press release.
“Former Staff Sergeant Ubraj Narine was disembodied from the Guyana National Reserve of the Guyana Defence Force, with effect from Tuesday December 13, 2022 for conduct ‘Unbecoming of a soldier’. Mr Narine on Monday December 12, 2022, was engaged in a civil protest action during which he uttered words that are considered to have promoted racial and religious intolerance, as well as political dissonance. Several disparaging comments were made against the Commander in Chief and his government,” the statement said.
“As a member of the Guyana Defence Force, albeit regular or Reserve, Mr Narine is required to conduct himself in a manner that upholds the professional image and integrity of the Force. Members of the Force ‘Regular and Reserve’, are required to adhere to the policies, regulations and protocols of the Force; the Values and Standards of the Guyana Defence Force are examples of such. These require, among others, adherence to Core values such as Discipline, Integrity and Loyalty. Similarly, it requires members of the Force to adhere to core standards such as Responsibility, Respect for the law, Respect for others, Correct Conduct and Appropriate Social Behavior. Mr Ubraj Narine’s conduct on Monday December 12, 2022 violated the above mentioned and others,” the statement added.
Former Mayor of Georgetown, Hamilton Green, has weighed in on Narine’s termination, expressing in a letter to the Editor, that not only was it worrisome but that nothing warranted his dismissal. Green said that he believes that President Irfaan Ali, who is also Commander-in-Chief of the Armed Forces, should justify why the reservist was discharged.
Green contended that when the reserve Force was established under the Theme “ Every Citizen a soldier,’’ it was to deal with mobilizing citizens to counter the threat of Venezuela to the West, Suriname to the East and the Atlantic to the North.
He reasoned that only serious criminal actions such as treason among others, should justify immediate sanction.
“There is nothing I know that the Mayor has said or done to warrant this egregious and strong statement of condemnation dismissing him as a member of the Army Reserve.” Those of us who are aware of the purpose and intent behind the establishment of the Reserve regard this Statement by the GDF as Pure, Political Posturing and I believe as I now do ask the Commander-in-Chief, President Ali for some justification,” he wrote.
“Apart from the apparent denigration of natural justice, the absurdity of the Army High Command rushing into judgement is absurd. As I understand it, unless a Reservist is proved, and let me emphasize the word proved, to be disloyal and likely to betray the State by acts which amount to treason, there is no good reason for this hasty and summary withdrawal of Ubraj Narine who is also based on our tradition regarded as the First Citizen,” he added.
According to the former Mayor, who is also a PNC/R executive like Narine, information he has, shows that “Ubraj Narine was not asked orally or in writing to explain his purported misconduct and misdemeanour.”
And with Guyana’s Security Advisor Gerry Gouveia being himself a former GDF officer, Green questioned if the advice to discharge Narine was one put forward by or agreed to by Gouveia.
“But Editor, what is worrisome, the President has a plethora of ostensible, credible Advisors. One being his Advisor on Security, investigative journalism should require that that Advisor be asked if he proffered that advice. Speaking to some of the PPP Government leaders, they have sought to shelter the President by saying that he was unaware of this or that misstep by the Government. That he does not, they say, seek to micro-manage Ministries, Ministers and Officials,” Green posited.
“I needn’t list those matters, but in this case, I cannot imagine that a strongly worded Statement from the Army could have been issued without the fiat knowledge that the Commander-in-Chief can claim of this egregious dismissal or discharge of a citizen from a Reserve. The Army High command issues a Statement discharging the Mayor from the Reserve Unit. Again, I can provide them every hour, every day persons who ought to be similarly discharged,” he added.
Thus far, President Ali has said nothing about the disembodiment.
‘Competent Military Authority’
The Defence Act, Section 84:1, gives power to a competent military authority, in this case his commanding officer, to discharge a non-commissioned rank. It states, “After investigation, a charge against an officer below the rank of lieutenant-colonel or against a warrant officer may, if an authority has power under the following provisions of this Part to deal with it summarily, be so dealt with by that authority (in this Act referred to as “the appropriate superior authority*) in accordance with those provisions.”
Section 207: 1 explains the procedure. “A soldier of the Reserve may be discharged by the competent military authority at any time during the currency of any term of service in the Reserve upon such grounds as may be prescribed. (2) A soldier of the first class of the Reserve, other than a soldier who is a member of the Reserve by virtue of the provisions of Part IV. shall, unless that class is called out on permanent service, be entitled to be discharged before the end of his current term of service on complying with the following conditions: (a) giving to his commanding officer three months’ notice in writing of his desire to be discharged; and (b) delivering up in good order, fair wear and tear only excepted, all arms, clothing and equipment, being public property issued to him or, in cases where for any good or sufficient cause the delivery of the property aforesaid is impossible, paying the value thereof.
Narine was on the 15th of this month charged with the offences of using a computer system to attempt to Excite Ethnic Divisions contrary to section 18(2) of the Cybercrime Act of 2018 and attempting to excite hostility or ill-will on the grounds of Race contrary to Section 2(3) of the Racial Hostility Act, chapter 23:01.
He was placed on bail for the cybercrime charge, and the racial hostility charge in the sum of $200,000. Those matters will continue in the Georgetown Magistrate’s Court.
