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Home Columns From The Desk of Roysdale Forde SC

This child continues to be a victim of a system that has failed us

Admin by Admin
July 20, 2023
in From The Desk of Roysdale Forde SC
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The video circulating of the child denying being raped by former Minister of Local Government and Regional Development, Mr. Nigel Dharamlall, is high tech lynching of a victim. It carries the ugly semblance of conquest reminiscence of Christopher Columbus’ travels to the so-called New World that brought in its wake the decimation, dehumanisation and violation of our First People.

The honourable Mr. Khemraj Ramjattan, who initially represented the interest of the child and her family, in a Globespan interview said the child, in her statement, indicated her parents took $10 million to quell the matter, the room in Mr. Dharamlall’s house was repainted, and the furniture removed. This suggests efforts at covering up, tampering with the evidence and hindering the course of justice. Mr. Ramjattan also said a medical examination revealed evidence of acts consistent with sexual intercourse.

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None other than the Director of Public Prosecutions (DPP), Mrs. Shalimar Ali-Hack S.C, in her advice to the Guyana Police Force not to proceed with the case “disclosed that consideration was given to the fact that the complainant gave a further statement to investigators that she wishes to withdraw her complaint against Minister Dharamlall and that her decision was not influenced by anyone and that same was in her best interest.” The DPP had initially returned the file to the Police, requesting more information. The DPP must now explain why she advised the Police not to pursue the case based on the child’s withdrawal of her complaint, and whether there was ever a complaint the child was raped by Mr. Dharamlall.

The child, in her video, now claims nothing happened between herself and the former minister, and also said she thought that with his resignation the matter would come to a close. It begs the question, if the child wasn’t a victim why did she allow herself to be taken to a house to identify the room, and in her statement, said it was repainted.

This is a child and she deserves justice, our protection and love. The façade that nothing happened, which no doubt is a skillful and expensive public relations stunt the child is further burdened to carry by those who think the Rights of our Children can be bought, must not see this matter swept under the carpet or further erode confidence in our laws and judicial system.

Something is not right in Guyana and we must get it right.

The system must work for whom it was designed to work for:-the vulnerable in our midst. The system must protect the weak from the powerful. The wheels of justice must turn. The state and agents acting on its behalf must not be allowed to circumvent the system.

This child, who society sought to shield her identity, is now forced to expose same to protect person or persons and perverted practices the law makes provision to condignly treat with.

This child could have been your biological child or family and she is also ours. She’s from the human race and of Guyanese kinship, and we have a duty and responsibility to protect her by creating the appropriate environment for her to feel safe and thrive. This can only happen in an environment that respects the Rights of the Child.

As a lawmaker and officer of the court, we are failing this child and by extension failing the system. The Sexual Offenses Act, Cap 8:03, Part II ‘Offenses’ is very clear on what constitutes rape and Child Sex Offences.

Whereas the judicial system is tasked with the responsibility to adjudicate the law, the state has a responsibility to ensure the law is enforced by placing this matter before the judiciary for a determination. My esteemed colleague, Mr. Ramjattan said from his reading of the statement the information “was sufficient for sodomy and rape to be the charges against” Mr. Dharamlall.  I have no reason to question his judgment.

Today in a land surviving Indigenous tribes have called their own, and rightfully so, they are being hounded, violated and decimated not by invaders, but by a government and system they have created, along with the other five races of this beloved country.

Watching the ensuing tragedy from the violation of a brave child by a powerful man- a former minister of government- and now further humiliation by influencing her to feel the guilt, shame, burden and denial is hers to carry, must not only enlist sympathy but determination, on our part, to get it right.

This child has been forced to come public to vindicate her alleged violator, and it not only sickens me but confirms we are failing our children.

The government has reduced a heinous act, allegedly committed by one of its own, to the accusation that those demanding justice are engaged in political partisanship. They have influenced the child to repeat their misplaced claim.

I am a member of the People’s National Congress Reform (PNCR) and Member of Parliament in the A Partnership of National Unity and Alliance for Change (APNU+AFC) coalition. I make no secret of such proud association, and further say, I am even more proud to be standing with the side of society that believes in upholding the law, protecting our women and children, and the vulnerable in our midst. We make no apology for this!

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