The clandestine move last Friday by the State to arrest the Mohameds and have them face extradition was no surprise. Society saw it coming. But let me make this very clear- this issue is not merely about Azruddin Mohamed, though he stands at the forefront of the storm. This is about every single Guyanese and our fundamental right under the Constitution of this Cooperative Republic.
We are a nation grounded in the principles of common law. One of the cardinal pillars of that law and of any civilized society is that a person is presumed innocent until proven guilty. That principle protects even the most despised among us. It is not optional. It is not to be trampled upon when convenient or when foreign forces make noise. If we discard that pillar, we invite disorder, lawlessness, and tyranny. And we have stood at that brink before.
Let me take this nation back to 2005. I recall the words of the late Chancellor and Attorney General Keith Massiah SC in his minority report during the Gajraj Commission of Inquiry into the phantom squad killings. Back then, this country was consumed by fear, extra-judicial killings, and the collapse of public confidence in law enforcement. Justice Massiah spoke truth to power. His words still echo today.
He said:
“Killings however reasonable and expedient in the opinion of many persons of goodwill ought not to be countenanced. Even the alleged serial killer, the persistent rapist and the paedophile, detestable as those pariahs are, enjoy the fundamental right to a fair hearing and the full protection of due process.”
What this learned son of the soil reminded us of is that justice is not a privilege for the few. It is the birthright of all. Even the most hated among us must be guaranteed due process. That is what separates a nation of laws from a jungle of men.
Due process is not a favour. It is a right, a constitutional and God-given right. The law-abiding among us expect that the process will be allowed to work, including the accused’s right to be heard and the judiciary’s authority, up to the Caribbean Court of Justice, to determine the facts. Let the law take its course without fear, favour or ill will.
We must not demand the protection of rights only when it suits us. Justice ceases to be justice when applied selectively. In any civilized society, due process, the rule of law, and equal treatment must apply to all, not some.
Today it is the wealthy Mohameds who can afford the best lawyers to fight for their rights in a court of law. Tomorrow it could be you, the ordinary worker, the small farmer, the single mother, the unemployed youth. And if you do not have the money or influence that the Mohameds have, cat gon eat your dinner. Do not think you are immune from the precedent being set here. Once the door to injustice is opened, it will not stop until it reaches your doorstep.
And let me say this to the Mohameds themselves: the public outcry in your defence must be taken as a call for fairness, not favour. The people expect that when young Mohamed takes the Oath of Office as a parliamentarian, and possibly as Leader of the Opposition, he and his party will remember who they serve: the people of Guyana, whether they voted for you or not.
Let us also remember where we came from. In 1926, the trade union movement began the fight for internal self-government and universal adult suffrage, one man one vote. That struggle gave birth to Independence in 1966 and Republican status in 1970. Our foreparents did not fight colonial masters to now hand over our sovereignty to new external powers or domestic political cabals. As a sovereign people, our Constitution and our courts must stand above foreign interference and political manipulation.
Fellow Guyanese, we must not blink. We must defend our democracy, our sovereignty, and our Constitution without apology and without fear. If we fail to do so, we betray the sacrifices of those who fought for freedom and endanger the future of those yet unborn.
Let every Guyanese, irrespective of race, class, creed or political persuasion, understand this truth- when the rights of one are trampled, the rights of all are threatened.
