Chief Magistrate talks about Racism in Judicary

Statement by Ms. Juliet Holder-Allen
Chief Magistrate of Guyana


ON SATURDAY AFTERNOON I WAS WATCING ONE OF THE NCN PRESS CONFERENCES WHEN I ONSERVED ONE OF THE REPORTER ASK MR JAGDEO A QUESTION ABOUT MY BEING OFF THE BENCH FOR SUCH A LONG TIME, MANY YEARS IN FACT.

HIS RESPONSE WAS VERY DISMISSIVE AND VERY DISTURBING. HE SAID SOMETHING TO THE EFFECT THAT IF I HAD DONE SOMETHING WRONG THEN I SHOULD BE DISMISSED.

THEN HE SAID THAT HE DOES NOT INTERFERE WITH THE JUDICIAL SERVICE COMMISSION. NOW I FEEL THAT IF I BELIEVE THAT THEN I WOULD ALSO BELIEVE THAT PIGS CAN FLY. THE ANSWER WAS VERY DISAPPOINTING.

IT IS DISAPPOINTING BECAUSE I WAS MADE TO BELIEVE THAT WE WERE GETTING SOMEWHERE IN THE RESOLUTION OF THIS MATTER BUT NOW IT SEEMS THAT WE ARE RIGHT BACK WHERE WE HAD STARTED.

IT IS FOR THIS REASON THAT I FEEL THAT THE TIME HAS COME FOR ME TO TELL THE GUYANESE PEOPLE THE REAL REASON WHY I AM OFF THE BENCH. THE REAL REASON I AM OFF THE BENCH IS BECAUSE OF HAUGHTY RACISM. HAUGHTY AND DANGEROUS RACISM THAT IS BEING PRACTICED AGAINST ME.

THE PERSONS THAT CAUSED ME TO BE OFF THE BENCH IS CARL SINGH, PREM PERSAUD ,CHANDRA JAGNANDAN AND A FEW STOOGES. THIS MATTER CAN NEVER BE RESOLVED UNTIL MS DESIREE BERNARD IS MADE TO RETURN TO THIS COUNTRY AND TO EXPLAIN HER ROLE IN THIS MESS SINCE SHE IS THE ONE WHO KNOWS EVERYTHIING ABOUT THE BAD THINGS THAT HAVE HAPPENED TO MY CAREER.

OUT OF THE BLUES THIS WOMAN CALLED IN A REPORTER FROM KAIETEUR NEWS AND MADE A SET OF DAMAGING STATEMENTS ABOUT ME THAT WAS DESIGNED TO DISCREDIT ME FROM ADVANCING IN THE PRACTICE OF MY PROFESSION. IT HAD TO BE THAT SHE WAS ACTING ON INSTRUCTIONS TO DO SO.

THIS WAS A MOST UNUSUAL COURSE OF CONDUCT FOR ANY CHANCELLOR TO DISCUSS THE PERSONEL MATTERS AS THEY RELATE TO ANY LEGAL OFFICER, WITH A NEWSPAPER REPORTER. THERE IS A COPY OF THE REPORT.THE NEWS REPORTER OUT OF A SENSE OF JUSTICE FELT THAT THE REPORT WAS TOO ONE-SIDED AND CALLED ME FOR A COMMENT.

INFACT, THE REPORTER SPECIFICALLY ASKED WHY I THINK THAT MS BERNARD AND MYSELF 'COULD NOT SEE EYE TO EYE' MY ANSWER WAS THAT IT COULD BE BECAUSE WE HAD DIFFERENT TRAINING. MINE WAS AS A LAWYER AND HERS WAS AS A SOLICITOR.

THAT STATEMENT IS TRUE AS IT STANDS. IT IS A FACT. THE NEXT THING I KNEW IS SOME INFORMATION REACHING ME TO THE EFFECT THAT MS BERNARD HAD MADE SOME KIND OF COMPLAINT TO THE JUDICIAL SERVICE COMMISSION STATING THAT I HAD INSULTED HER BY CALLING HER A SOLICITOR. THE ONLY PROBLEM WAS THAT MS BERNARD FAILED TO REALISE THAT UNDER THE LAW SHE WAS THE CONSTITUTIONAL HEAD OF THE COMMISSION.

THE PROBLEM I HAD WAS FINDING OUT WHO SHE WAS REALLY COMPLAINING TO SINCE SHE COULD NOT LEGALLY COMPLAIN TO HERSELF. I SOON FOUND OUT WHO SHE HAD COMPLAINED TO BECAUSE OF TWO THINGS.

THE FIRST WAS A LETTER WHICH CAME TO ME UNDER THE SIGNATURE OF CHANDRA JAGNANDAN DIRECTING THAT I MUST PROCEED ON INDEFINITE LEAVE. THE SECOND WAS A MINUTES OF A MEETING IN WHICH I OBSERVED THAT CARL SINGH HAD APPOINTED HIMSELF AS THE CHAIRMAN OF THE JUDICIAL SERVICE COMMISSION AND WAS INSTITUTING CHARGES AGAINST ME TO BE HEARD BY HIMSELF, UNDER THE CONSTITUTION THE CHANCELLOR ALONE IS THE CHAIRMAN OF THE COMMISSION. DURING THAT TIME I OBSERVED A NUMBER OF THINGS.

I ALSO KNOW THAT TWO LAWYERS TRIED TO OFFER ME POISON TO EAT, IN PASTRIES AND IN SAPODILLAS. I HAD THE ITEMS TESTED. I WOULD NOT STATE THE NATIONALITY. I ALSO OBSERVED CERTAIN HATEFILLED PERSONS WRITING ALL KINDS OF POISON ABOUT ME IN MY PROFESSIONAL CAPACITY WITH ONE OBJECTIVE IN MIND, THAT I SHOULD BE REMOVED FROM THE BENCH.

DURING THAT TIME I HAD RECEIVED NUMEROUS DEATH THREATS AND THE LATE GEORGE BACCHUS ON THE VERY DAY OF HIS DEATH HAD SAID IN OPEN COURT THAT MY NAME WAS ON A LIST OF PERSONS TO BE KILLED. I HAVE A COPY OF A NEWS REPORT.

I AM SAYING THAT I AM NOT GUILTY OF ANY KIND OF PROFESSIONAL MISCONDUCT. THE PERSONS WHO MADE THESE ALLEGATIONS ARE ALL LIARS. THEY CANNOT COME FORWARD TO PROVE ANY OF THESE THINGS THAT THEY HAD ALLEGED.

IN THE CASE OF THE THEN MINISTER OF THE GOVERNMENT MS BIBI SHADEEK, SHE HAD SAID THAT SHE HAD WITHDRAWN HER COMPLAINT. SO I HAD BEEN TOLD. BUT LO AND BEHOLD AT THE TRAIL MR DOODNAUTH SINGH CROSSED EXAMINED ME AT LENGTH ON BIBI SHADEEK'S STATEMENT AND THE JUDGE MADE COPIOUS NOTES OF EVERYTHING AND RULED IN HIS FAVOUR.

DISHONESTY WAS SOMEWHERE. WHAT IS SCAREY ABOUT ALL OF THIS IS THAT MS BERNARD SEEM TO HAVE BEEN IN THE KNOW ABOUT WHAT WAS BEING PLANNED FOR ME.I SAY THIS BECAUSE ONE FRIDAY AFTER A FULL COURT SITTING SHE SAID THAT SHE WANTED TO SPEAK TO ME BUT WHEN I TURNED UP SHE SAID THAT SHE HAD NOTHING TO SAY BUT THAT IT WAS THE LAST TIME THAT SHE WAS SPEAKING TO ME. I THOUGHT THAT IT WAS A VERY STRANGE STATEMENT AND ITOLD MY FRIEND AGNES ABOUT IT.

TWO WEEKS LATER I WENT ON LEAVE AND ONE DAY DURING THAT TIME A GROUP OF MEN, FIVE I WAS TOLD, CAME IN A WHITE CAR WITH GUNS LOOKING FOR ME, BUT THEY WERE DIRECTED TO ANOTHER PLACE. I AM SAYING THAT MR JAGDEO WAS SPEAKING ABOUT MY MATTER AS IF HE WAS SPEAKING ABOUT AN UN-UNIONIZED SWEAT SHOP WORKER.IT WAS AS IF IT WAS AN INSIGNIFICANT MATTER. I HEARD SOMETHING ABOUT A DISMISSAL, I CANNOT BE SURE.

I HOPE THAT NO ONE WOULD PUT THE SPIRIT OF THE ALMIGHT GOD OUT OF THEIR CHEST ABOUT THAT THOUGHT. I HAVE ONE THING TO SAYAND I AM SURE THAT ALL OF THE PEOPLE OF LINDEN WILL SUPPORT ME ON THIS ONE. I AM SAYING NOW THAT I AM A FIRST CLASS CITIZEN OF THIS LAND AND I AM DEMANDING TO BE TREATED IN THAT WAY.

THE PREVAILING FEELING IN THIS COUNTRY IS THAT BAD THINGS COULD HAPPEN IF THERE IS NO MANIFESTATION OF EVEN-HANDEDNESS AND EQUITY IN DEALING WITH CITIZENS.NOW I HAVE BEEN MAKING SOME COMMENTS ABOUT THE LACK OF EXPERIENCE OF SOME OF THE PERSONS WHO HAVE BEEN APPOINTED AS JUDGES AND PERM PERSAUD HAD TAKEN ISSUE WITH THIS SINCE HIS SON WAS ALSO APPOINTED WITH VERY LITTLE EXPERIENCE THE WAY I SEE IT.

I STILL BELIEVE THAT SOME OF THE PERSONS WHO HAVE BEEN APPOINTED TO THE HIGHER BENCH SHOULD NOT HAVE BEEN ALLOWED ANYWHERE NEAR A JUDICIAL SYSTEM BECAUSE THE TRUTH OF THE MATTER IS THAT A HIGH COURT APPOINTMENT IS USUALLY A LATE IN LIFE ON AFTER YOU HAVE GATHERED A WEALTH OF EXPERIENCE.

PROPER SERVICE TO THE NATION IS WHAT IS IMPORTANT , NOT JUST TO PUT MONEY IN SOMEONE'S POCKET. SOME OF THE LAWYERS HAVE BEEN DISCUSSING WITH ME THE CONCEPT THAT THE HIGH COURT SEEM TO BE NOTHING MORE THAN A CASH COW TO THE JUDGES WHO ARE MAKING OBSENE AMOUNTS OF MONEY, MILLIONS OF DOLLARS IN FACT IN ADDITION TO THEIR SALARY UNDER THE PROVISIONS OF A FOREIGN ASSISTANCE PROGRAM.

IF YOU WANT TO TALK ABOUT PROFESSIONAL MISCONDUCT THEN THE JUDGES COULD BE DISBARRED FOR WHAT IS KNOWN AS CHAMPERTY. THAT IS HAVING A MONETARY OR FINANCIAL INTEREST IN THE OUTCOME OF MATTERS THAT ARE BEFORE A JUDICIAL OFFICIAL FOR DISPOSAL.

THAT IS THE PROFESSIONAL MISCONDUCT. THE LIES OF A FEW STOOGES AGAINST ME CAN NEVER BE PROFESSIONAL MISCONDUCT ON MY PART. I WANT EVERYTHING THAT HAS BEEN TAKEN AWAY FROM ME INCLUDING MY PROMOTIONAL OPPORTUNITIES RETURNED TO ME IMMEDIATELY. THAT IS ALL THAT I AM DEMANDING. I WANT NO MORE IDLE TALK.