Guyanese woke up to the news on July 5, that Nigel Dharamlall had resigned his positions as Minister of Local Government and Regional Development, and People’s Progressive Party (PPP) Member of Parliament (MP). The revelations were made in a statement released the evening of July 4, by President Irfaan Ali.
Guyanese have reacted with outrage at the fact that Dharamlall – a senior member of the PPP – may be getting away with the alleged rape of a 16- year-old girl who happens to be of Indigenous heritage. Many analysts have concluded that Dharamlall was treated preferentially by police and other authorities, and the PPP regime may have actively intervened to obstruct justice.
There have been reports that the victim of the alleged rape was bribed not to present evidence against the accused Dharamlall.
Following allegations made by the child, Dharamlall was arrested on the night of June 19 after he turned himself into police custody. He was released shortly thereafter. This is in spite of the fact that rape is a serious, indictable offence under the Sexual Offences Act, Cap, 8:03. As such, people accused of rape are usually held on custody pending trial.
Under the Act, a child under the age of 16 cannot give consent to having sexual activity. As such, any sexual contact with an adult (such as Dharamlall) constitutes the crime of rape or sexual assault against the child, as the case may be.
Rape involves penetration, while sexual assault may be non-penetrative sexual contact.
Following reports that the alleged victim was bribed to withdraw the accusations, the Guyana Police Force (GPF) released a statement on June 30, informing that the alleged minor victim had withdrawn the accusations.
On the afternoon of July 4, the GPF stated that following advice of the Director of Public Prosecutions, no further action will be taken against Dharamlall. That night, President Ali announced that Dharamlall had offered to resign as a PPP minister of government, and member of parliament. President Ali stated that the resignations were accepted.
No documents of resignation were made public.
Under normal circumstances – when an ordinary person is accused of rape, the process is as follows:
Rape, being an indictable criminal offence, the accused is brought before the court, the alleged perpetrator is not required to plead – guilty or not guilty – to the crime on that first appearance in court.
Next, the matter would go to the Magistrate’s Court for a preliminary inquiry (PI) – a PI is done by the Magistrate. The prosecution would produce the evidence of the crime to the court. After that, the Magistrate may either commit the alleged perpetrator to stand trial for rape in the High Court or dismiss the case because of insufficient evidence or other reasons.
Finally, someone who is found guilty of rape after being tried in the High Court is liable to serve life imprisonment. Similarly, someone who is charged with rape of a minor is liable on conviction or indictment to life imprisonment.
Apparently, though, this process does not apply to the senior PPP operative, Nigel Dharamlall. Many Guyanese felt, even before the case was dropped, the PPP official would walk scot free.
Some Guyanese have also speculated that Nigel Dharamlall may be given another job by the PPP regime, not ruling out a diplomatic posting.
