Justice of Appeal Prem Persaud will be remembered as a jurist who served his country and acquitted himself with distinction—entitling him a place in the annals of legal history—not only in Guyana but the Common-wealth Caribbean at large.
These were among the sentiments expressed yesterday morning at a special Full Court sitting of the Supreme Court of Judica-ture to honour the life and legacy of the judge whose career spanned some six decades.
The 91-year-old retired judge, who was the recipient of the Order of Service and Cacique Crown of Honour, the latter being the second highest national award in Guyana, died on November 26th last.
Chief Justice (ag) Roxane George SC said in her address to the gathering of fraternity members, which included Justice Persaud’s son, Justice of Appeal Rishi Persaud, and the immediate family at the Court of Appeal, that his life was distinguished by a career of service, worthy of celebration.
As acting Chancellor Yonette Cummings-Edwards put it, “we celebrate his life for the depth of his knowledge, his intellectual acuity and the breadth of his contribution to the legal profession and indeed to Guyana.”
Justice Persaud was admitted to the Bar of then British Guiana in 1960, after completing his studies in the United Kingdom. Three years later, he was appointed magistrate, a post he held an almost 20-year record for, as the longest serving magistrate in Guyana and the Caribbean.
He was also the only magistrate to have presided in nearly all of the magistrate courts across Guyana, the only exception being the Black Bush Polder Magistrate’s Court.
In 1981, he was appointed a judge of the Supreme Court of Judicature, where he also served briefly as acting chief justice in 1988. In 1995, he ascended to the bench of the Guyana Court of Appeal.
He retired in 2000, but continued his public service, holding a number of posts, most notably as the longest serving chairman of the Public Utilities Commission, from 2000 to 2017. He also served as a member of the Judicial Service Commission and as chairman of the Trade Union Recognition Board and head of the Guyana Public Service Co-operative Credit Union Limited.
Justice George said that Justice Persaud’s acumen has left an indelible mark on the judicial landscape of Guyana and the Caribbean given his contributions traversing and crystallising complex legal issues. The fact that those contributions have added to the region’s jurisprudence was simply inescapable, she said.
Fondly recalling the late judge, Justice George said, “being a tall person, and because of his rather long stride, Justice Persaud never seemed to be in a hurry. But one had best be ready for his court,” she was swift to add.
She said that as a prosecutor, it was her privilege to appear before Justice Persaud shortly after she started working at the Chambers of the Director of Public Prosecutions in 1990.
She remembers him as helpful and understanding of the guidance new attorneys needed, and against this background, said that he was always humble, approachable, courteous and willing to share his knowledge and expertise.
“And he had a lighter side, with a twinkle in his eyes and a slight crocky smile at something that may have occurred during a trial which would change that serious-as-a-judge demeanour,” she added.
Justice George recalled him as always being res-pectful to his colleagues, counsel and litigants alike, epitomising fairness, and with a gentle but firm demeanour, always commanding respect in his court.
For her part, Justice Cummings-Edwards remembered Justice Persaud’s humanity, stating that he interacted with people irrespective of their social or other standing and was an excellent listener, always ready to provide wise counsel.
She recalled that when she appeared before him as a state counsel at the High Court in Essequibo, at the end of the work day, Justice Persaud would take the staff on trips along the coast and to the Pomeroon river to enjoy the scenery of the coastland. She also recalled his impish smile, and witty comments.
Another fond memory she shared was Justice Persaud’s passion for cricket, recalling that when one of the international matches was being played at Bourda, he summoned her and defence counsel to his Chambers. There, he said, ‘I will not be able to concentrate on this trial today, simply because of cricket. I will have to grant you an adjournment whether you request it or not,’ Justice Cummings-Edwards said with a smile.
Returning to the Bench, she added, Justice Persaud addressed the jury thus, ‘ladies and gentlemen of the jury, there is a matter of public importance to which this court must attend and counsel on both sides. We will therefore take the adjournment now’, and His Honour was “off to cricket.”
Justice Cummings-Edwards said that a lawyer appearing before Justice Persaud would know straight away whether he or she was on the right track, whether their submissions were of substance or whether it was hopeless, thus indicating what direction one’s case was headed.
She said that Justice Persaud remained a friend of the court long after his retirement as he would often stop by to enquire how they were getting along and shared his thoughts and counsel.
In his address to the gathering, Attorney General and Minister of Legal Affairs Anil Nandlall SC said that Justice Persaud displayed an aura of simplicity and humility which created the illusion that he was ordinary.
However, he said, the judge was anything but and nothing was further from the truth. He said that in fact, Justice Persaud was extraordinary and so were his contributions which were exemplified by his scholarly and erudite rulings.
Nothing about Justice Persaud’s life was either simple or ordinary, Nandlall said, adding that this illusion was easily eclipsed by what he called the random scrutiny of almost any facet of his life.
“That he lived a full, wholesome and healthy life to the ripe old age of [91]. That he rose from a technical assistant at the Botanical Gardens, then to a clerk in the magistracy, to being elevated to some of the highest constitutional, judicial and statutory offices… for extraordinary periods of time; serving his country and his people for nearly six decades. That he did so with distinction and an unassuming quiet dignity but with due rectitude. Moreover, that he held these powerful posts but never became enamoured with their ensuing authority and that he was able to speak and remain accessible to the ordinary man with seamless ease,” the AG said, all bore testament to the fact that he was no ordinary man.
“On the contrary, he was quite an exceptional human being,” the AG said, who has now left a legacy worthy of emulation.
Like Nandlall, and echoing the sentiments of other speakers, Justices George and Cummings-Edwards described Justice Persaud as “a man of integrity” who will be remembered and continue to be admired as a man most learned in the law.
His memory, Justice George said, will live on through the legacy of his judgments, the work of the commissions and bodies in which he was a chairman or member and that “his immense contribution will continue to stand the test of time. His influence will live on through the many lives he has touched.”
Justice Persaud’s passing, Justice Cummings-Edwards said, was a loss not only for his widow and other loved ones, but also for the judiciary and the entire Guyana, adding that “a vacuum has been left by his departure which may never be filled.”
Following his passing, the Bar Council of the Guyana Bar Association in a statement had said that Justice Persaud was a legal tower who made everlasting strides along the physical and legal landscape of Guyana.
As a Justice of Appeal, he delivered several landmark judgments in various areas of the law which will continue to guide lawyers and judges alike, the statement said.
