In a bid to clear a huge backlog of mining cases, the Guyana Geology and Mines Commission (GGMC) has written to acting Chancellor of the Judiciary Carl Singh requesting that five magistrates be appointed as hearing officers to deal with the matters.
Stabroek News was told that Justice Singh was written to several weeks ago. When app-roached on Friday by Stabroek News, he confirmed that the request had reached him. Justice Singh gave a brief comment as he was leaving the opening ceremony of the Justice Education Society (JES) ‘Seminar on Trial Management in the Magistrates Court: Canadian and Guyanese Perspectives.’
“It is being considered,” he said when asked about the request.
Stabroek News saw a copy of the letter addressed to Justice Singh, in which magistrates Fabio Azore, Beverly Bishop-Cheddie, Leron Daly and Zamilla Ally-Seepaul were identified as GGMC’s choices for appointments. It also recommended the retention of Magistrate Alan Wilson, who has previously served as a hearing officer.
In the letter, acting GGMC Commissioner Newell Dennison noted that it had become necessary to have “hearing officers” in keeping with the regulations of the Mining Act to address conflicts in the mining sector which require “timely resolution.”
Dennison said too that in accordance with the legislation, he considered that “sitting Magistrates of Guyana would be quite suitable for this purpose, bringing legal expertise and integrity to a process which could generate emotions and mistrust among divided parties.”
It was stated that none of the magistrates named were contacted directly or officially as it was preferred that Justice Singh have an input first; that is whether he would have any objection to the use of the magistrates for the purpose outlined.
When contacted on Thursday, Dennison did not confirm nor deny that the request had been made but stated that there was a hearing process prescribed in the regulations and that the GGMC was “acting on that process.”
Contacted for a comment, head of Guyana Gold and Diamond Miners Association (GGMDA) Terrence Adams told Stabroek News that soon after the new government took office last year, the organisation had app-roached the subject minister and asked for the appointment of hearing officers to expedite the backlog of mining matters.
Adams said the mining community was much larger today, with an approximate 400% increase, and there were several matters pending. Because of this, he explained, the organization found it necessary to approach government to ask for the appointment of hearing officers to clear the backlog.
There seems to be some disquiet about sitting magistrates being used and a source in the mining community suggested that retired senior mining officers be utilized as hearing officers.
When this was put to Adams, he disagreed, explaining that the mining matters were legal in nature and retired mining officials might not be properly equipped.
Several persons in the legal fraternity also said that there was nothing wrong with magistrates being assigned to hear the matters. One lawyer said that the law provides for this and that miners ought to have no fear as it would be magistrates and not judges hearing these matters.
While he could not say approximately how many mining matters were still unresolved, Adams told this newspaper that some matters took as long as ten years to reach a conclusion. He indicated that the GGDMA wanted the return of the mining court and would support any measure put in place to clear the existing backlog.
He said that during the meeting with government, the GGDMA had asked for measures to be put in place to expedite the matters, even if it meant hearing several matters on a daily basis. “Whoever the Chancellor recommends we will be comfortable with,” he stressed.
