Dear Editor,
To serve or not to serve, that is the question; now that the lawyers have had their say and are no doubt engaged in endless hours of research on the issue of whether a summons issued by a court in Guyana can be served in another country; that, in a nutshell, is the issue at hand. My understanding is that the Summons served on Rickford Burke does not in any way compel him to appear in Guyana’s courts but inform him officially of the charges laid against him and of his right to lead a defense. It is interesting to read the case law on the issue and understand why this particular route of service was taken by law enforcement agencies in Guyana.
Rickford Burke is an American citizen (he may or may not have retained his Guyanese passport) but his allegiance has been transferred to America by way of a sworn oath, Burke is not a resident nor does he maintain a residence in Guyana. Burke, however, conducts business with Guyanese, and a recent transaction led to a serious allegation of extortion. Burke also heads an American ‘organization’ that concerns itself with the affairs of Guyana and its citizens, the Caribbean Guyana Institute for Democracy (CGID). Burke raises funds based on the CGID agenda and pontificates on every issue in Guyana, it is through this platform that Burke has made statements that offend the Laws of Guyana and for which charges have been laid in Guyanese courts. Courts the world over do understand their limitations on jurisdiction and their power to compel persons to appear for trial, this however does not apply concerning service of summons, the type of service, Personal or Substituted is also of great importance.
In Kida V Ogunmola, Nigerian courts ruled: “… Substituted service can only be employed when for any reason, a defendant cannot be served personally with the processes within the jurisdiction of the Court for example when the defendant cannot be traced or when it is known that the defendant is evading service. Also, where at the time of the issuance of the writ, personal service could not in law be effected on a defendant, who is outside the jurisdiction of the Court, substituted service should not be ordered, see Fry vs. Moore (1889) 23 QBD 395. If the defendant is outside the jurisdiction of the Court at the time of the issue of the writ and consequently could not have been personally served in law, not being amenable to that writ, an order for substituted service cannot be made, see Wilding vs. Bean (1981) 2 QB 100.” It is clear that Burke needed to be personally served and that service should/must be executed under the laws of the jurisdiction of his residence.
Burke was duly served by a process server duly accredited by the State of New York and the service was observed by a law enforcement officer from the Guyana Police Force who will be able to testify to details of the service in Guyana’s courtrooms (in addition to the video evidence of the entire episode if recorded). Details may include but are not limited to the verification of the identity and accreditation of the process server, location, time and whatever else defense counsel may wish to examine.
Roysdale Forde SC & MP posited in a letter to the newspapers on 25.12.23 “ the attempt to serve a summons in the manner in which the Guyana Police Force attempted on Mr. Burke is not only illegal and void, but calls into serious question the adherence to fundamental principles of due process and respect for individual rights” if and when there is a challenge to the method of service executed on Burke, the system will be better off for it, for me, the service seems to comply with requirements of both American and Guyanese jurisdictions, a process server for the U.S and a law enforcement officer for Guyana; where I disagree strongly with Forde however, is where he suggests that service of a summons is averse to due process and is somehow disrespectful for individual rights. I can think of no more proper procedure that could be utilized for service nor one that shows immense respect for the individual’s rights than what was used to serve Rickford Burke.
Editor, what Roysdale Forde and many others seem to be saying is that Citizens and Residents of the United States are above and beyond the reach of Guyana’s laws; nothing could be further from the truth and that is why Extradition and Cooperation treaties exist among our nations. Burke can come for his trial and participate fully in his defense and seek exoneration or he may risk conviction/s in his absence and make his stand at an extradition hearing in America; as it stands he can make a fully informed decision because he (Burke) has been served. On the question of whether to serve or not to serve, there is no doubt that due process and natural justice demand service; quaestio respondit.
Sincerely,
Robin Singh
