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Former Member

Local attorney bashes Guyana’s judicial

system

April 28, 2014 | By | Filed Under News 

 

- over-reliance on confession statements, missing case files, slow  dispensation of Justice

By: Kiana Wilburg

Accusations of sloth in the dispensation of justice and poor protection of case files are just two of the many stones that are often thrown at Guyana’s legislative system.
And now these accusations are coming from prominent Attorney-at-Law Sanjeev J. Datadin, who says they are not entirely unfounded and should not be readily dismissed.

Attorney-at-Law, Sanjeev Datadin

Attorney-at-Law, Sanjeev Datadin

Datadin said that while he applauds the recent move to increase the number of Judges at the High Court, he posited that there is a need for more judges in the Court of Appeal. And records of the courts need to be better protected, Datadin says.
“The frequent reports of tampering with case files and important files going missing are a cause for concern.”
Another peeve he has is the slow dispensation of justice.
“Trials, I can say from years of experience, occur in a timely manner in the Eastern Caribbean States and it is about time that Guyana implements the New Civil Procedure Rules. The New Civil Procedure Rules (CPR) are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. The CPR was designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. These have been out since in the early 2000’s and all the other Caribbean countries have adopted and implemented it. We have been toying with it; everything necessary to promote its implementation has been done. It has been approved by the Parliament and I have been hearing for some time that it will be implemented and five years have elapsed and it is not in place. It will most certainly help with the backlog of cases and it will also help to expedite trials.”
The Attorney-at-Law also believes that the high numbers of criminal cases in Guyana often rely too heavily on confession statements. In his view, it is about time that law enforcement officers video tape interviews with these suspects. This he said will remove significantly, the risk of allegations of individuals being forced into making confession statements.
Videotaping of interviews is employed by other countries and it has worked for both sides.
Datadin who has been practicing within the Whitworth Chambers for several years, said that like most lawyers in the Caribbean, he practices extensively. However, he is mainly focused on commercial, public and criminal law and has made a conscious effort to take on about 30 percent of the cases he handles pro bono.
He currently holds a Master of Laws Degree in International Commercial Law from the University of Aberdeen in Scotland. He has been a practicing lawyer since he was 24.
Though not a regular feature at the Magistrate’s Court anymore, Datadin says he likes the “rough and tumble” in the Magistrates’ Court. He says as fate would have it, he now does more appeals and as a result, features mostly  in the Court of Appeal, the Caribbean Court of Justice and the Judicial Committee of the Privy Council. Most of his practice is now in the High Court both in Guyana and the Eastern Caribbean.

Replies sorted oldest to newest

Is this what our judicial system has

become?

April 28, 2014 | By | Filed Under Letters 

Dear Editor,
I am hereby lodging a formal complaint against the Vreed-en-hoop Police Station for police harassment.
Over the past years my immediate neighbour, an ex-police from the Vreed-en-Hoop Police Station has been constantly using his “police friends” to harass my family. On October 12th, 2012, officers from the Vreed-en-Hoop Police Station visited my residence, claiming there was a report of noise nuisance from the said neighbour. At the time I was conducting a medical outreach in Charity on the Essequibo Coast. The officers then proceeded to arrest my father who was merely visiting from the United States, since I was not home, despite him informing the officers that he does not live there.
I was informed that before my father can be released from the station I had to first present myself to the Vreed-en-Hoop Station. I was now forced to discontinue examination of patients in need of medical care and go to the station.
To my amazement, before my arrival, the police charged my father for noise nuisance, allegedly emitted from a generator, in spite the fact that he was just visiting. The officers inspected the site and there was, in fact, no generator being operated. After this incident, I requested that the Environmental Protection Agency (EPA) carry out an investigation on my premises, hoping to bring this matter to a close as I am in fact the owner of a standby generator which is used during power failure.
The inspection was conducted and EPA provided me with a letter stating the findings of the investigation. The letter clearly states that the sound emitted from the generator is BELOW that recommended by the Bureau of Standards to be considered noise nuisance.
This former policeman has yet again exercised his power to manipulate the Vreed-en-Hoop Station as his puppets, as yet again, officers came to my residence to make an arrest. This time the claim of the continuous hammering sounds from the house.
At the time the report was made, I was servicing the vehicle use in medical outreaches. Despite my futile attempts to explain the nature of the matter, the officer insisted that I immediately ceased what I was doing and report to the station or I would be “locked up”. To say this was the first time these ridiculous allegations were made would be furthest from the truth. Only a few weeks prior to this, the police had shown up because of the sound of a motorcycle starting. Fortunately, the “mighty officers”, had mercy on me this time; no charge.
Yet again, on Thursday 10th of April, I was visited by two officers at my residence at approximately 5:30 p.m. Upon entering my premises, I was presented with a “recognizance form” and was instructed to sign to appear in court the following day, Friday 11th of April. I then enquired of the officer as to what were the charges against me this time, as I was merely having dinner, and as far as I knew, my matter was struck out. The officer, who did not know what my charges were still insisted that I sign this form. Upon my multiple refusals on the basis that I will not sign anything unless it was made clear what for, he then decided to call the Station Sergeant for clarification. I was then handed the phone, at which time the Sergeant informed me that I was recharged for the previously struck out matter.
At this time, I tried to explain to the sergeant of the nature of my job and the implications of cancelling these medical outreaches without notice.  However the Sergeant informed me that if I did not appear in court, an arrest warrant would be issued for me. Without choice, I was then forced to cancel clinic for the entire day as there was no fair way of deciding which patient’s health is superior to the other since the hearing was at 1:00 p.m. (half day’s work). This decision triggered hostility from the patients and resulted in verbal abuse to medical personnel. These individuals with the majority being the elderly, unable to travel elsewhere to seek medical care, were now forced to wait for yet another month as the preceding month’s appointment was filled.
Who then is now responsible for any implications that may result from this delay in the provision of health services? Is it me? Should I have refused to sign the form and be locked up for voluntary services offered? I think not! Who then? The ex-police who claims to control the station and directly affects my availability to provide these services? You be the judge!
My new matter is now scheduled for the 20th of June, 2014 now with the same charge, the same generator my father is charged for, which was never even in operation; that EPA clearly states is below nuisance level!
What then? Should I now go to court for an additional two years for these false allegations? Should innocent patients in dire need for medical care be neglected? Is this what our judicial system has become? A place where any fool can make accusations without providing any proof for two years and yet again be allowed to bring the same matter before the court?
What is the point of the implementation of “zero tolerance” for noise nuisance if the matter goes on for years in the court.
Kemol Roshan

FM

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