Following outrage intensified by the Vice President of Guyana, Bharrat Jagdeo’s communication at his press conference last Thursday about the Guyana Police Force’s visit to the United States to serve summons on President of the New York-based Caribbean Guyana Institute for Democracy (CGID), Rickford Burke, organisations in the diaspora have issued an advisory to Guyanese overseas apprising them of their rights.
The Guyana Police Force in a statement said on the 13th day of December 2023 Assistant Superintendent of Police (ASP) Rodwell Sarabo left Guyana and travelled to the USA with defendant summons in his possession to serve on Burke. The Police said on 16th December 2023, Sarabo met with Mark Wesserman, a Process Server based in the USA and they served Burke at his home address at Maple Street, Brooklyn, New York. The police said both summons were read to Burke and he said he understood.
The summons, according to the Police, are for Burke to appear in the Guyana’s Magistrates Court on 28th March 2024. Burke denied being served but acknowledged men entering on his premises who were armed, and also said he saw persons rummaging through his mail.
Jagdeo at his press conference, referring to Burke, as a “fugitive,” a word also used by the police, said Burke was properly served. A fugitive as defined by Merriam Webster Dictionary is “a person who flees a country or location to escape danger (such as war) or persecution: refugee. b. : a person (such as a suspect, witness, or defendant) involved in a criminal case who tries to elude law enforcement especially by fleeing the jurisdiction. called also fugitive from justice.”
The Police, having claimed Burke was served stated it “wishes to make it known that a similar course of action will be adopted against persons who are outside of the jurisdiction and engage in criminal conduct.”
Several views have since circulated about whether the Guyana Police Force have jurisdiction to serve persons on foreign land, with a general view being they do not. The Guyana Police Force is established to function as a law enforcement entity in Guyana.
In light of what is generally seen as an illegal threat of violence against Guyanese in the U.S, Attorneys for the Combined Guyanese Diaspora Organisations of The USA (CGDO-USA), in the following statement said they wish to remind its members and diaspora of the following self-defense laws in the US.
“(1). A person is permitted to use physical force if the person reasonably believes it necessary to stop a person from committing a crime involving damage to property such as criminal mischief.
“(2). A person may use deadly physical force to defend their life or a premise only when the person reasonably believes that the deadly physical force is necessary to terminate a deadly threat to their live or an arson or attempted arson.
“(3). A person who has control over or possession of premises is permitted to use physical force if that person reasonably believes it necessary to stop or prevent a criminal trespass.
“(4). (a) A person who is in control or possession of an occupied building or dwelling can use deadly physical force which the person reasonably believes is necessary to terminate what the person reasonably believes to be a burglary or attempted burglary.
“(b) Burglary is defined in criminal law as entering a dwelling or unlawfully remaining in a dwelling with the intent to commit a crime. This includes both entering as well as breaking and entering an occupied building or a dwelling.
“(5). For persons residing in States with “Stand Your Ground” laws, deadly force is permissible to defend one’s self, another person or property. States with such laws include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia Wyoming.
“(6). The laws of Guyana do not apply in the US. No Police officer from Guyana has the legal authority to trespass on any property or dwelling in the US. Given the exceedingly high level of corruption and an outrageous number of extrajudicial killings by Guyana Police Force officers, Guyanese in the US should be on high alert and be prepared to engage in self-defense should this situation arise.
“(7). There is also the option of dialing 911.”
