Attorney-at-law and Member of Parliament Sanjeev Datadin attempted to chide Senior Counsel and Member of Parliament Roysdale Forde for his statement “the jurisdictional extent of the Courts of Guyana and the Guyana Police Force’s authority to act in any manner is defined by the geographical limit of Guyana unless specifically and expressly conferred by law.”
Forde’s statement was in response to the Guyana Police Force sending Assistant Superintendent of Police Rodwell Sarabo to serve summons on United States-based Guyanese Rickford Burke. The police, in a statement, said on the 16th December 2023, Sarabo met with Mark Wesserman, a Process Server based in the United States of America, and they served both defendant summons on Rickford Burke at his home address at Maple Street, Brooklyn, New York and both defendant summons were read to Burke and he said he understood. Burke has denied being served.
Forde, in his statement, has contended “There is absolutely no legal authority conferred on the Magistrate’s Court to order service of a Defendant’s Summons outside of Guyana and the Guyana Police Force to serve a Defendant’s Summons outside of Guyana. Therefore, the conduct of the Guyana Police Force is utterly unconstitutional, void and of no legal validity.”
However, Datadin has countered, arguing that “a summons can be served on anyone, anywhere since it is to satisfy the Court that the defendant is aware of the proceedings and is given the opportunity to be heard.” To wit, the senior counsel has called on his junior to “cite the authority that exists in the United Kingdom for similar action undertaken by the Guyana Police Force against a citizen residing in the United States of America.”
Datadin has furthered contended “free speech is protected once it does not breach the laws and constitution of Guyana.” Rickford Burke does not live in Guyana and last visited Guyana in 1998, thus the Constitution and Laws of Guyana do not apply to him in the use of his social media platforms, operating from his Brooklyn studios, to speak of issues related to Caribbean and Guyanese, and being a fierce critic of the People’s Progressive Party government reported discriminatory and corrupt management of the state.
Forde, in a letter, which appears in today’s publication, has offered his junior a word of advice citing his mentor, the distinguished and eminent Rex H. McKay S. C. that: “only fools rush in where angels fear to tread.” The senior counsel has also reiterated his position the attempt to serve a summons in the manner in which the Police Force attempted on Burke “is not only illegal and void, but calls into serious question the adherence to fundamental principles of due process and respect for individual rights.”
