Jailing of teen for leaving Guyana illegally was oppressive

Dear Editor,

 

On Wednesday October 22nd, Freddie Kissoon wrote an article in KN that seemed not to resonate as it should among those who are allowed to think independently. He outlined an incident that occurred at the Berbice court presided upon by Magistrate Sherdel Isaacs. This servant of the people requires observation, keen observation. According to the article, two persons including a teenager were sentenced to six months in prison for leaving Guyana illegally. This is not only venomous, but unthinkable in the Guyanese context. The random sentencing of citizens has become a sudden trend in the courts, as if that is the answer to the tragic social problems created by the mismanagement of the economy by the PPP Government.

July 7th, 2013 the Stabroek News published a very candid and disturbing article, ‘Mental health in Guyana’, the prognosis on addressing this public health issue is dismal. To add another relevant reference, no rational person will understand why a Judge would sentence a 62 year old man who committed a domestic murder to 71 years in prison, while his lawyer was asking for a psychiatric evaluation.

Stabroek News again on the 15th August, 2013 published the Ministry of Home Affairs’ review on crime, that stated that our jobless between 18-25 years old compose the bulk of our law breakers, that is our criminal population. Does this Magistrate understand that there are over 30,000 Guyanese residing in Suriname, a reported 25,000 illegally in Trinidad, thousands in Venezuela, and thousands more illegally in the small islands? Our unemployment is high and climbing. For the first time in this country there are foreign investments that import its own labour needs. Baishanin has a 70% imported staffing, pays below the minimum wage to the few locals they accommodate. The same is true with the controversial Marriott Hotel, no local payroll. This is in total opposition to President Hoyte’s investment policies that saw with Omai, Barama and ATN, an 85 to 90% local employment.

How can a Magistrate know all this and still sentence citizens for attempting to leave the country illegally, were these citizens found with narcotics, munitions or weapons, has this learned Magistrate evaluated how six months in prison can transform someone? Couldn’t a fine have more suited the transgression or even some mandatory community service? All over this country the latter is needed, this Magistrate should know that our Laws are founded on Judeo-Christian principles that advocate justice and redemption, that’s why evaluations by probation officers are part of the system. Isn’t this where the psychological evaluation by this Magistrate should be allowed to intervene? As I’m writing this letter the content of the AG’s tape revelation is going through my thoughts, professionals dispensing justice must understand that the high officers of the country no longer provide inspiration, integrity or even the most basic glimpses of moral conduct, we have in 2014 sunk to the lowest as an independent nation.

Thus, each office of lower but significant responsibility has to weigh its impact and so construct its contribution towards the gradual repair of our crumbled, corrupted State.

I would hope that those at the highest levels take note. In the future there must be accountable laws against wrongful arrest; medical malpractice and irrational, senseless placing of persons of no financial means into prison at the whim or prejudice of the presiding authority.

Recently a relative of mine was placed in prison through the court at Sparendaam for over two months based on an unsubstantiated accusation by a female neighbour. At the end of the day, it was revealed that the impetus of the accusation was spite.

The Magistrate apologised, admitting that the woman was a liar, and he was sorry, how does that compensate a poor man, living day to day whose meagre resources were depleted, or a friend who at Parfaite Harmonie was arrested on somebody’s belief that he knew about a robbery in the area. Though there was no direct or circumstantial evidence linking him to anything, his home was searched, imagery resulting in defamation of character was displayed, in a new community composed of strangers that lacked the coherent heritage of our villages to address such matters as rumour mongering.

In closing, I want to refer readers to Kaieteur News of August 25, 2014.

To a letter titled ’Police Ranks being used and abused’. Signed by ‘Frustrated Policeman,’ this letter was very revealing and disturbing, and adds to the reason why, where we are today in Guyana, that Justice must be dispensed meticulously.

 

Yours faithfully,
Barrington Braithwaite