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Former Member

DPP recommends charges for Annette Ferguson over FB post

July 15, 2021, Source - https://www.inewsguyana.com/dp...rguson-over-fb-post/

The Director of Public Prosecutions has advised the Guyana Police Force to charge former minister and current Opposition Member of Parliament Annette Ferguson for cyberbullying a senior member of the Guyana Defence Force (GDF).

Ferguson was arrested on June 30 by ranks of the Criminal Investigations Department (CID) Headquarters at Eve Leary after a report in relation to a cybercrime allegation was filed against her, and was later released on her own recognizance.

This newspaper was told on Wednesday that the DPP has advised the Police to charge Ferguson under section 195(5)(a) of the Cybercrime Act No. 16 of 2018, which deals with using a computer system to humiliate a person.

APNU/AFC Member of Parliament, Annette Ferguson

Following her arrest on June 30, the GPF, in a statement, had said: “The [complainant] is a senior member of the Guyana Defence Force (GDF) who made the allegation against Ms Ferguson in relation to a Facebook social media post which falsely alleged that the said senior GDF rank will be in charge of a killing squad.”

Without fear or favour

After her arrest, however, members of the APNU/AFC Opposition had come out attacking the Police Force and the PPP/C Government. But Home Affairs Minister Robeson Benn condemned this, especially remarks made by Opposition Leader Joseph Harmon in a statement.

Harmon had claimed that Ferguson was arrested on spurious grounds, and that it was a clear case of political persecution against the Opposition Member. The Opposition Leader also called for the withdrawal of what he said are “spurious, baseless and politically motivated charges.”

However, Benn in a subsequent missive responding to Harmon, rejected the assertions made by the Opposition Leader.

“Mr Harmon, of all persons, should need no reminding that all persons – inclusive of Members of Parliament and also members of the APNU/AFC – are subject to the Laws of Guyana, adherence to which the Guyana Police Force is duty bound to enforce without fear or favour,” Benn posited.

Further, the Home Affairs Minister went on to address what he described as Harmon’s now natural reflexive instincts of making unwarranted attacks about partisan “…political persecution…”, “…weaponizing of the Guyana Police Force…” along with dire warnings of civil unrest.

According to Benn, these are not only grossly untrue, but are of malicious intent.

In fact, the Minister outlined that the Opposition Leader’s statement seems intent on continuing the effort to shield and protect from judicial review lawbreaking by persons who are intent on precipitating a breakdown of law and order and the undermining of democracy by initiating civil unrest.

Replies sorted oldest to newest

PrashadSenior Member

There are people from Guyana living in the Caribbean and North America who are calling for the death of koolies in Guyana. These people must be documented, investigated and arrested prosecuted if they return to Guyana.

7/15/2112:19 PM

MitwahSenior Member

@Prashad posted:
There are people from Guyana living in the Caribbean and North America who are calling for the death of koolies in Guyana. These people must be documented, investigated and arrested prosecuted if they return to Guyana.

Prash, how many of those koolie haters you have reported to the competent authorities?

7/15/211:44 PM

PrashadSenior Member

I sent the comments of one of them to Demerara Guy in the past.

7/15/211:54 PM

SpugumJunior Member

@Prashad posted:
I sent the comments of one of them to Demerara Guy in the past.

Hilarious...lol

7/16/218:23 AM

DjangoAdmin

The DPP advice to charge Ferguson is out of order

July 15 ,2021

Source

Dear Editor,

The Director of Public Prosecutions (DPP) decision to charge the Opposition APNU+AFC Coalition Member of Parliament (MP), Annette Ferguson, in relation to the complaint made by a serving Guyana Defence Force (GDF) Colonel, Omar Khan, relative to a comment made by the MP over a social media post in relation to a killing squad, on an issue connected to a government policy matter, is out of order, and beyond the scope of the DPP’s office.

Firstly, an Opposition Member of Parliament made a comment about a matter which is in one way or another, connected to a policy decision by government. Secondly, this matter requires public funding for which the Opposition Member of Parliament has oversight by law. Thirdly, the core issue in relation to the proposed policy decision by government to establish a ‘Joint Regional Support Team, a new security unit, which is a matter of national security. The GDF Colonel Omar Khan, got caught in the crossfire between the government and the Opposition on a matter of national policy and national security.

In cases such as these, even if the DPP determines that the social media post was a violation of section 195(5)(a) of the Cybercrime Act No. 16 of 2018, specifically on using a computer system to humiliate a person; the DPP’s has to review the matter in the broader context before recommending a charge against a sitting Member of Parliament (A Member of the Legislature) and a serving GDF officer, on a matter linked to policy, that was made by the Executive.

The DPP owes it to Guyana and the people of Guyana, to conduct the business of the criminal justice system, not only in a fair and unbiased manner, but with the highest level of responsible behaviour. This matter should have never reached the DPP. If a Guyana Defence Force officer, has an issue with any Member of Parliament, that is linked to a policy issue, as in this case, Guyana ought to have various systems/options for redress for that officer.

The President is the Commander-in-Chief, as well as the Head of the Government/Executive, which makes policies; and he is also the President of the country, with responsibility for overseeing national security matters. Therefore, in my view, the DPP has entangled the criminal justice system in a political and national policy matter, which also has national security implications.

Colonel Omar Khan is not an ordinary citizen, he is a military officer, he therefore carries a burden of the responsibility, over and above that of the ordinary citizen, which is to protect every Guyanese citizen; irrespective of their race, ethnicity, religion, or whichever political party they may represent, that burden is also extended to the Guyana Defence Force as a national security institution.

As such, while Colonel Omar Khan has a right to file a complaint in this matter and to seek a course of redress, I submit that the course of redress sought in this matter, and the decision of the DPP to charge the Member of Parliament is not the proper mechanism for redress, in this instance.

Serving GDF officers must never be of the view that they have the scope to bring criminal charges against Members of Parliament, be they from the government or Opposition in matters linked to government policies, and more specifically, of a national security nature. However, they must be confident that their rights as citizens will not be violated, even by Members of Parliament; and if that happens, there are options available for redress which would not negatively impact on the burden they carry as military officers, confidence in their unbiased involvement in the national security programme and does not conflict with the power structures in the society. This matter impacts negatively on the power structures of the society and the Guyana Defence Force is caught in the middle.

The used of the criminal justice system to solve political and some policy issues, particularly between the government and the Opposition, is becoming a matter of growing concern, and is bordering on an abuse of the criminal justice system. It also reflects a deficit in the capacity and capabilities of both government and the Opposition, on a wider range of mechanisms, approaches and tools which can be utilized to resolve political and policy issues. This must not be limited to the justice system.

I would humbly suggest that President Irfaan Ali seek assistance from the international community, to build the capacity and capabilities of both the government and Opposition/Members of Parliament, on factors and key considerations which should influence decision-making, governance and problem-solving; this will result in a reduction of the unwarranted burden on the justice system to mitigate and resolve political and policy matters and which invariably, increases conflicts in the society.

Finally, when it comes to matters such as these, the line must be clearly drawn between politics and national governance.

Yours faithfully,
Citizen Audreyanna Thomas

7/16/211:08 PM

Former Member

@Django posted:
The DPP advice to charge Ferguson is out of order
July 15 ,2021
Source
Dear Editor,
The Director of Public Prosecutions (DPP) decision to charge the Opposition APNU+AFC Coalition Member of Parliament (MP), Annette Ferguson, in relation to the complaint made by a serving Guyana Defence Force (GDF) Colonel, Omar Khan, relative to a comment made by the MP over a social media post in relation to a killing squad, on an issue connected to a government policy matter, is out of order, and beyond the scope of the DPP’s office.
In cases such as these, even if the DPP determines that the social media post was a violation of section 195(5)(a) of the Cybercrime Act No. 16 of 2018, specifically on using a computer system to humiliate a person; the DPP’s has to review the matter in the broader context before recommending a charge against a sitting Member of Parliament (A Member of the Legislature) and a serving GDF officer, on a matter linked to policy, that was made by the Executive.

Yours faithfully,
Citizen Audreyanna Thomas

Director of Public Prosecutions determines cases presented to the courts.

Sitting Judge makes the decision on the matter.

7/16/212:43 PM

Former Member

Opposition MP to appear in court today on cybercrime charge

Jul 16, 2021 News, Source - https://www.kaieteurnewsonline...n-cybercrime-charge/

Kaieteur News – A Partnership for National Unity + Alliance For Change (APNU+AFC) Member of Parliament, Annette Ferguson, is slated to make her first court appearance this morning before a City Magistrate in the Georgetown Magistrates’ Courts for a cybercrime charge.

Opposition MP, Annette Ferguson.

According to Crime Chief, Wendell Blanhum, the MP will be charged in relation to a Facebook post in which she reportedly made false allegations against a high-ranking member of the Guyana Defence Force (GDF).

Ferguson was arrested on June 30, 2021, after a senior member of the GDF made a report against her alleging that she made false allegation against him in a Facebook post. She was later released on her own recognisance [self-bail] pending the outcome of the investigation into the matter.

However, the Guyana Police Force (GPF) in an updated release on the matter yesterday stated that legal advice was obtained from the Police Legal Officer to institute a charge of using a computer system to humiliate a person, contrary to Section 19 (5) (a) of the Cyber Crime Act, against the Opposition MP.

Leader of the Opposition, Joseph Harmon, had issued a statement in relation to the MP’s arrest. Harmon had condemned the arrest and also shared his view that members of the GPF had arrested Ferguson on false grounds and also called the arrest a clear case of political harassment.

The police in an initial release on the matter had stated that the GDF rank’s allegation is that Ferguson falsely alleged in a Facebook post that the said GDF rank would be in charge of a ‘killing squad.’

Kaieteur News understands that Ferguson’s post which refers to “setting up of Death Squad and Black Clothes groups” stemmed from discussions had during the considerations of Financial Paper 2/2021 during the parliamentary session on June 14, 2021.

During the debate, Minister of Parliamentary Affairs and Governance, Gail Teixeira, told the House that the concept of the Regional Joint Support Teams is a new crime-fighting initiative formulated in April 2021, and that the supplementary provision for the period ending December 2021 is to “set up” the initiative.

The Government MP had explained that the Regional Joint Support Teams will not denigrate or usurp the functions of the GDF or the GPF, but is intended to enhance the capacity of the law enforcement agencies in Guyana to fight crime, regardless of the type of crime, with the support of the GDF.

However, following that parliamentary session, an online news agency published a story headlined, “Exclusive: PPP secures $250 million budget to resuscitation Black Clothes Death Squad.” The Opposition MP subsequently shared the article with her own commentary. Both the Joint Services Coordinating Council (JSCC) and the Ministry of Home Affairs had condemned the Opposition MP’s post and cautioned citizens against the “reckless and irresponsible social commentary.”

7/16/212:53 PM

Former Member

MP Annette Ferguson on self-bail for cybercrime charge

By Editor - July 16, 2021 - 0, Source - https://www.guyanastandard.com...r-cybercrime-charge/

Member of Parliament Annette Ferguson was today charged over a social media post she made concerning a killing squad.

Ferguson, who is an MP for the opposition, made her appearance at the Georgetown Magistrates’ Courts where Senior Magistrate Leron Daly read the charge to her before releasing her on self-bail.

The charge alleges that on June 15, 2021, she used a computer system to humiliate or harass Guyana Defence Force officer Omar Khan. She pleaded not guilty.

Ferguson was represented by attorney-at-law Lyndon Amsterdam. The matter will be called again on July, 26.

On June 30 this year, Ferguson was arrested after the senior army official filed a complaint. She allegedly made the claim via a Facebook post.

Yesterday the Guyana Police Force said that Crime Chief, Wendell Blanhum has received legal advice from the Police Legal Officer to institute a charge of “using a computer system to humiliate a person, contrary to Section 19 (5) (a) of the Cyber Crime Act, No 16 of 2018”.

7/16/213:01 PM

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Topics

DPP recommends charges for Annette Ferguson over FB post

The DPP advice to charge Ferguson is out of order

The DPP advice to charge Ferguson is out of order

Opposition MP to appear in court today on cybercrime charge

MP Annette Ferguson on self-bail for cybercrime charge

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