On July 29, Kaieteur News (KN) published an interesting and revealing article. According to the KN article, in Guyana, judges frequently find themselves at the receiving end of harsh public scrutiny, often unable to defend themselves in the media due to ethical constraints. This dynamic has led to a troubling trend where members of the public, discontented with judicial rulings, level severe criticisms against these judicial officers.
The KN article revealed that a notable incident from a few years ago involved Justice B.S. Roy and journalist Adam Harris of Kaieteur News. Harris had criticised Justice Roy for issuing an order against an auto dealer who was present in court but was not given a chance to defend himself. Following the publication, Harris received a summons from Justice Roy, leading to an unexpected courtroom encounter where Harris was cited for contempt. He was instructed to secure legal representation and return the next day. The proceedings, which drew the attention of fellow journalist George Barclay and Kaieteur News Publisher Glenn Lall, were subsequently barred from media reporting by Justice Roy. Harris, facing the potential of severe legal repercussions, ultimately chose to publish an apology.
The KN article revealed, too, that Freddie Kissoon, another journalist, narrowly avoided a similar fate. Informed by Harris’s experience, Kissoon insisted on meeting the judge in a neutral setting rather than the court. This strategic move highlighted the precarious position journalists find themselves in when their work intersects with the judiciary.
These instances underscore a broader issue within our society: the tension between public accountability and judicial independence. Recently, this tension came to the forefront again following a verbal attack on a judge that raised public concern. Unlike previous incidents, the judge chose not to retaliate, demonstrating restraint amidst growing hostility.
The KN article reports that in response to these developments, the Bar Council of The Bar Association of Guyana issued a stern warning against threats and personal attacks on judicial officers, especially on social media. The council urged the public to exercise caution and responsibility in their comments about the judiciary. The organisation emphasised that while the judiciary is open to public scrutiny, such criticism must remain within legal bounds to avoid contempt of court charges, which can lead to severe penalties, including imprisonment.
The President of the Bar Association, Kamal Ramkarran, clarified that the recent statement was not directed at any specific individual. However, the timing of the statement coincided with social media personality Makhail Rodrigues, known as the “Guyanese Critic,” expressing dissatisfaction with a High Court judgment. Justice Nigel Niles had ordered Rodrigues to pay over $52 million in defamation damages to businessman Nazar Mohamed and his son, Azruddin. Rodrigues responded by posting a photograph of Justice Niles during one of his shows on Facebook, an act that many interpreted as an implicit challenge to the judge’s ruling.
Village Voice News is of the view that the situation highlighted by the KN article encapsulates the ongoing struggle within our nation to balance freedom of expression with respect for judicial authority. Judges, bound by their professional ethos, often cannot engage directly with the public or the media, leaving them vulnerable to unchecked criticism. The Bar Association’s recent admonition serves as a reminder of the legal framework that governs public discourse about the judiciary.
Village Voice News is of the view that as Guyana continues to navigate these complex issues, it is crucial for all citizens to recognise the importance of a fair and impartial judicial system. While judges are not immune to criticism, such feedback must be constructive and respectful, ensuring that the judiciary can continue to function effectively without undue influence or intimidation. The integrity of our legal system is paramount, and safeguarding it is a collective responsibility that requires a careful balance of rights and duties.
