Double Standards continue to take precedence in Guyana

Dear Editor,

I wish to express my grave concern over Mr. Daniel Wharton also known as Baby Skello who was charged and remanded to prison until July 1, 2025 for the act of blasphemous libel.

It’s important to note, that I in no way support the disparagement or vilification of any Hindu deity as what is expressed by Skello in his music.

But on the other hand, Jennifer Ally continues to make bigoted and racist statements towards the deceased Adrianna Younge and her family, and I have not seen any statement from The Ethnic Relations Commission (ERC) reprimanding this woman for her actions as they did to Baby Skello.

One is the question, the double standards in Guyana which is very worrying.

The Hindu community in its right must and should outraged at this sacrilegious action but the fact that Skello was encouraged to offer a formal apology and remove the musical content should have ended there.

It appears as if there are forces at work who are looking to target Afro Guyanese given that it’s an election year and I believe this constant victimisation must cease.

Jennifer Ally an Indo Guyanese has been culpable of racial incitement and hostility and no disciplinary actions were taken against her, when her actions are as equally egregious as Mr Wharton’s.

It is important for the general public to be guided Section 2 of the Racial Hostility Act 23:01 makes it pellucid that it is an offence to excite hostility or ill-will against a section of the public or against any person on the grounds of his /her race.

According to Section 2 (a) This can include using words spoken by him in a public place or spoken by him and transmitted for general reception by wireless telegraphy or telegraph; or (B) by :causing words spoken by him or by some other person to be reproduced in a public place from a record”.

Section 2(C) flagged that It can also be used in written or pictorial matters.

Section 3: states that Any person guilty of an offence under this section shall be liable on summary conviction to a fine of sixty-five thousand dollars and to imprisonment for two years.

It is important to note that under Part 5 of Offences Against Religion, Morality and Public Convenience Article 347 (1) of the Criminal Law Offences Act 8:01 states that anyone who publishes blasphemous libel faces a misdemeanour and a year in jail.

Furthermore paragraph (2) of the same legislation stated that It shall be a question of fact whether any particular published matter is or is not a blasphemous libel:

Provided that no person shall be liable to be convicted on any indictment for a blasphemous libel only for expressing in good faith and in decent language, or attempting to establish by arguments used in good faith and conveyed in decent language, any opinion whatsoever upon any religious subject.

We must question whether this clause has relevance and applicability given that libel simply means a published false statement (i.e., written either through articles in a newspaper or any written format) that has the intention of damaging a person’s reputation.

Despite the fact that music must be written in order to be produced and released, Skello’s intellectual prowess prevents him from writing these lyrics, so blasphemous slander—the act of making a false spoken statement that harms the reputation of a religion, whether it be a religious leader, a religious organisation, or anything associated with that particular religion—may be a more appropriate term for his actions.

Slander can be expressed verbally in a variety of ways, including songs, conversations, voice messages, and notes.

While blasphemous libel is covered by Guyana’s constitution, “blasphemous slander” is not.

Libel and slander are covered by the Defamation Act of 1959, which also outlined their legality.

I am adamant that Skello should be released on bail, given a serious warning by Magistrate Miss Judy Latchman, and made to complete community service in light of his apology and the removal of the song.

This stern warning served to Skello, should state that if there is a recurrence, ramifications will be applied.

If we are to institute penalties it must be done fairly as the scale of justice as far as I recall is not imbalanced.

To end I urge our law enforcement agencies to focus on people like Jennifer Ally who continue to violate the Racial Hostility Act 23:01 because what goes for one must go for everyone.

As an attorney in the making I staunchly believed that the double standards in Guyana and the misapplication of our laws must stop.

Yours truly,
Antonio Dey