GEORGETOWN, Guyana, CMC – Chief Justice Roxane George-Wiltshire Friday dominated that felony defamatory libel is unconstitutional and violates the enshrined proper to freedom of expression as she dismissed the case of felony defamatory libel in opposition to the New York-based Guyanese political activist, Rickford Burke.
The Chief Justice mentioned Part 115 of the Prison Regulation Offences Act, together with conspiracy to commit such an offense, is “unconstitutional as violating Article 146, which ensures freedom of expression.
“It’s declared that the resort to felony defamatory libel to guard particular person status is pointless, disproportionately extreme and never justified and or required to guard reputations, rights, and freedoms of different individuals and are unconstitutional as violating Article 146, which is the liberty of expression provision in our structure,” she mentioned.
The cost of felony defamation dates again to December 3, 2021, when the Guyana Police Pressure (GPF) issued a needed bulletin for Burke, citing offenses underneath varied acts, together with the Racial Hostility Act, the Cyber Crime Act, and the Prison Regulation Offences Act.
On September 29, 2022, one other needed bulletin was issued in reference to Conspiracy to Commit a Felony underneath the Prison Regulation (Offences) Act.
Expenses had been formally filed on August 18, 2023, on the Vigilance Justice of the Peace’s Courtroom. Nevertheless, Burke, who resides in america, didn’t seem within the court docket proceedings. In response, the Justice of the Peace ordered the preparation of a ‘defendant summons’ to compel Burke’s attendance on March 28, 2024.
Nevertheless, Burke, who Senior Counsel Roysdale Forde represented throughout the Excessive Courtroom proceedings, has up to now “categorically denied” being served with a Guyana police-issued court docket summons to attend court docket on prices associated to extortion, sedition, and inciting public terror.
“The Guyana Police Pressure is engaged in egregious lies, severe unlawful conduct, and fraudulent actions,” mentioned Richard Millington, an legal professional who serves as of the Caribbean Guyana Institute of Democracy (CGID) director of communications, mentioned then.
“Mr. Burke was by no means served with a doc and didn’t signal for or settle for a doc.,” he mentioned in a press release, noting that “gunmen left items of paper on Mr. Burke’s steps, which had been retrieved and brought as proof by the NYPD (New York Police Division).
Justice George-Wiltshire mentioned she was certain to think about human rights conventions and the educational from Article 39, a lot of which has criticized felony defamation.
She acknowledged that a number of Caribbean nations, together with Grenada, Jamaica, Antigua and Barbuda, and Trinidad and Tobago, have abolished felony defamation after lobbying efforts, significantly by journalists.
The Guyana Press Affiliation (GPA), along with the Inter-American Press Institute (IAPI), have been lobbying for the repeal of felony defamation laws right here.
Justice George-Wiltshire, in delivering her ruling, questioned how Burke, the CGID president and who has been dwelling in america for the previous 27 years, may have dedicated the offense in Lusignan, East Coast Demerara.
She acknowledged that it was evident the prosecution didn’t inform Justice of the Peace Fabayo Azore that Burke was not in Guyana and couldn’t have been at Lusignan, as acknowledged within the cost.
“If this had been disclosed to the Justice of the Peace, then she probably would have declined to have issued the summonses issued underneath her hand,” The Chief Justice mentioned.
Assistant Superintendent of Police Rodwell Sarabo, who was tasked with finding Burke, mentioned he visited Lot 1 Fellowship, West Coast Demerara, Burke’s final identified handle right here, however didn’t find him.
The court docket was knowledgeable that on December 13, 2023, the senior police officer traveled to america with the originals of the summonses and met with a US course of server. Three days later, they went to an handle in Brooklyn, New York, the place they met Burke, who refused to just accept the paperwork, and the Course of Server left them on the accused’s doorstep.
However the Chief Justice famous that Burke’s residing within the US for the previous 27 years has not been refuted by the State by such means as immigration information, and in quashing the Guyana Police Pressure’s effort to serve Burke with a summons within the US, identified {that a} summons shall “have full pressure and impact and could also be served anyplace inside Guyana.
“Subsequently, the summons solely has efficacy inside the geographical boundaries of Guyana. Service of a summons outdoors the jurisdiction of Guyana implies that such service could be illegal and subsequently invalid,” she mentioned.
Justice George-Wiltshire mentioned the Justice of the Peace admitted to Burke’s competition that the summons is just efficient inside the jurisdiction of Guyana, including it does seem that what was completed was extra akin to service of civil proceedings and even then, whether or not such service is suitable relies on the principles of court docket.
