On the evening of the 13th day of June 1980, the world stood still as the news of the death of Dr. Walter Rodney, blown to pieces by a bomb in South Georgetown, sank in. Dr. Rodney’s death and the circumstances under which he was killed invoked universal condemnation. Expectedly, because of Rodney’s political activism, the accusatory finger pointed to the Government of the day. Prime Minister Burnham’s calm reactionary statement that “sad as I am at his inglorious end, I know that somewhere therein there is bound to be a lesson for the misguided others”, exacerbated both suspicion and anger. On the day of his funeral, and weeks after, thousands marched on the East Coast and in and around Georgetown. These marches were led by the likes of Eusi Kwayana, Dr. Rupert Roopnarine, Dr. Clive Thomas and others. The chant which bellowed from these marches was “Who killed Rodney?… Burnham killed Rodney!”
The call, both nationally and internationally, for an independent Commission of Inquiry was echoed since then. It was answered thirty- four years hence, when President Donald Ramotar commissioned an inquiry under the Commission of Inquiry Act, on the 6th day of February 2014. I was the Attorney General at the time and was privileged, along with the Head of the Presidential Secretariat, Dr. Roger Luncheon, to be tasked with the establishment of this Commission and with its management to the end. Some weeks prior, during a trip to the United States of America, President Ramotar met with the widow, children and relatives of Dr. Rodney. I learnt that Dr. Patricia Rodney requested of the President to commission this inquiry to bring closure to this chapter in the life of the Rodney family. The President acceded to this request. When the preparatory work began for this Commission, I was privileged to have been present when many conversations took place between President Ramotar, Dr. Pat Rodney and her daughter, Asha. I was also privileged to communicate directly with both of these persons. So what I write hereunder is first hand.
In our engagements, the Rodney family made a few requests. Firstly, they requested that the Terms of Reference (ToRs) be broad enough to capture the political climate at the time and the role that different State Agencies played in the politics of the day. I got the clear impression that they did not want the ToRs to restrict the Commission from getting at the truth. The family was obviously wary of contrived and farcical previous endeavours, for example, the inquest in 1988. They wanted assurance that the ToRs would confer upon the Inquiry the widest latitude. Secondly, they requested that there be no involvement of any political party, including the WPA.
I learnt that in 2005, a similar request, by the family, was made of President Bharrat Jagdeo, who agreed to establish a COI into Rodney’s death. However, Dr. Rupert Roopnarine, who was appointed by the family to liaise with the then Government, reported to the Government that the Rodney family was no longer interested. In discussions, with the Rodney family, I realized this to be an untruth. Thirdly, the family requested Commissioners of international standing and reputation to be appointed, preferably non-Guyanese. And fourthly, they requested that the criminal charges instituted against Donald Rodney be dismissed or withdrawn.
Every effort was made to ensure that these requests were met, as far as was practicable. The ToRs were drafted and sent to the Rodney family, for their input and approval. I wish to assure Mr. Eusi Kwayana that the ToRs were devoid of any form of political contamination as he suggested in a letter to the Press, recently. No political party was consulted in respect to the establishment of the COI, including the PPP, the party in Government.
In selecting the Commissioners, the intention was to select persons from societies in which Dr. Rodney lived and worked most of his life: Guyana, Jamaica and Africa. Persons from Africa were consulted but time and commitment prevented them from taking up an appointment. I recall making contact with a former Chief Justice of Kenya but he requested six to nine months to complete current commitments. We could not wait. Instead, Sir Richard Cheltenham K.A. Q.C. PhD., a distinguished lawyer from Barbados was chosen to Chair the Commission. Barbados was chosen because this was the country to which the Rodney family fled and lived for several years, after Walter’s death. From Jamaica, Jaquelin Samuels-Brown Q.C., a respectable jurist, was chosen. At the time, she was the Chairperson of the Council of Legal Education of the West Indies. She also added gender balance to the Commission. The President decided that the Commission must have a Guyanese. However, care was exercised not to choose someone who may be perceived to be affected by the current political environment. So an eminent Guyanese lawyer who has been residing and practicing in Trinidad and Tobago for over Thirty-five years, was chosen. Seenauth Jairam S.C. was a former Judge of the High Court of Trinidad, as well as, the then President of the Law Society. His appointment added ethnic balance to the Commission, as Rodney was a forceful advocate of racial unity in Guyana.
As regards the request to Donald Rodney, my inquiries revealed that he was tried, convicted and sentenced in his absence and that an appeal filed on his behalf, was dismissed. It was therefore impossible (and still is) for the charge against him be dismissed or withdrawn. In the circumstances, I advised President Ramotar to pardon him and this was done. In terms of compensation, a decision was made for the Commission to make its findings first and if it was found that the State was responsible for Dr. Rodney’s death then compensation would be discussed with the Government and the family.
By the time the Commission completed its work, the Government changed. By that time the evidence adduced was leaning overwhelmingly in the direction that the PNC Government of the time was responsible for Rodney’s death. The new Government, APNU/AFC, as expected immediately instructed the Commission to wind down its work. It was a tragic mistake. Shortly, the Commission was forced to bring its work to an abrupt end. During the course of the COI, Dr. Rupert Roopnarine proffered a litany of excuses for not testifying. It is an omission for which history would harshly judge him. At the time, when the Commission was forced to halt its work, a number of important witnesses were scheduled to testify, including Cecil “Skip” Roberts, the powerful Crime Chief of that era; Vernon Gentle, the lead Police Investigator into Rodney’s death; Norman Mc Clean, head of the Army at the time, was to be cross examined. Additionally, “Salmon Letters” were to be issued to a number of persons including Robert Corbin and Hamilton Greene, whose names appeared on several important documents tendered in evidence and whose names were mentioned by a number of witnesses.
In the end, upon the evidence available, the Commission found that “the State organised the assassination [of Walter Rodney] with the knowledge of Prime Minister Burnham”. By the premature end of this Commission, the PNC would have assassinated Rodney a second time.
It is true that a reporter was specially hired to cover this event and to write a book on it. It is true that the Government’s Newspaper carried the widest coverage of this Commission. It is true that the Commission hearing was streamed live to the world. The State of Guyana owes Rodney no less; nay, much more.
Mohabir Anil Nandlall MP, Attorney-at-Law
