Dear Editor,
The ‘stop the press’ statement by Opposition Member Roysdale Forde SC to decry the law enforcement and judicial agencies of Guyana serving a summons on a defendant and to heap accusations of political excess is self-contradictory. Its disingenuous and contrary to common-sense.
It has been established in English law from as far back as the Magna Carta that every defendant is entitled to a hearing at his trial. The principle is recognised by the latin words audi alteram partem, its translation being ‘let the other side be heard’. The service of a summons to attend Court on Rickford Burke is to make him aware of the hearing. At the very least it would make him aware of the charge(s) he is facing in the Magistrate Court and affords him, if he wishes, to be heard in defence of the charge(s). This is very different to a warrant which seeks to arrest/ detain someone for them to be produced in Court. An important distinction.
A summons can be served on anyone, anywhere since it is to satisfy the Court that the defendant is aware of the proceedings and is given the opportunity to be heard. The defendant can refuse to participate and defend his case but then risks consequences which he may not like, including affecting his options on appeal. If a conviction results that can be enforced in accordance with law.
However, its baffling that those who wish to shout accusations about all and sundry on social media and elsewhere do not want to defend what they have said. Freedom is not free. Free speech is protected once it does not breach the laws and constitution of Guyana. Truth is a complete defence to any charge of bullying and false utterances. If you are so willing to shout it on social media why are you afraid to back it up in court? Is it because you feel secure in another country hiding behind a keyboard and perverse “free speech” assertions that you think you can say what you want? No Sir.
Justice must be open and transparent not be bogged down by all sorts of tricks and games to prevent the true issues being resolved. In this regard the wise words of the Caribbean Court of Justice in Watson v Fernandes is instructive “The attainment of true justice is over the highway of realities and not through the alley of technicalities”.
Yours faithfully,
Sanjeev Datadin
