Dear Editor,
I and other former workers of Precision Woodworking Ltd (in receivership) have read your recent editorial titled ‘Logjam in the High Court’ (January 12, 2017) with more than a passing interest. The editorial highlights the huge backlog of cases in criminal matters and suggests that a similar buildup exists in the civil system.
We have been paying attention to the functioning of the courts arising from our interest in a lawsuit brought in May 2012 by our former employers against Republic Bank Limited. As a result of this and following an invitation in October 2015 from Mr Richard Sammy, Managing Director of RBL, we responded by imploring him to use their influence to see movement in this case (correspondence attached). This bank appears to have no interest in the resolution of this matter as to date a trial has not started. This letter was copied to the Chancellor of the Judiciary, Attorney General, Governor of the Central Bank, legal and other officers of RBL, President of the Bar Association, President of Transparency Institute of Guyana Inc and several ministers of government.
In this case we are left strung on a line and left to dry, the victims of the failure of the system.
In an article published in the Business Guyana 2013 magazine addressing the Commercial Court the author, Attorney-at-Law K Juman-Yassin revealed that this court was established some seven years ago and that it provides a suitable venue for resolving disputes among business individuals and firms for issues related to satisfying debts and for enforcing contracts.
It goes on to say that: “the court was established in part to help remedy problems relating to untimely delays in the trial process as well as those hampering the judicial branch’s capacity to settle investment and contractual disputes that might have a negative impact upon investor confidence both at home and abroad. Thus, the court procedures were developed to be as structured, clarified, and timely as possible.”
Editor, more than three years have passed since publication of the above article and from our experience of following this case which involves one of the most distinguished local manufacturing companies in recent history and the largest commercial bank in the country, this court has proven to be an abject failure.
Following on the logic of Attorney Juman-Yassin, the ineffectiveness of this court will definitely have an adverse effect on investor confidence and by extension investments, both local and foreign to the detriment of the economy.
Your editorial makes the point that millions of dollars in loans and grants have been spent in trying to improve justice administration, but that in spite of this the system lumbers on. The inefficiency of the system is not attributable only to inadequate numbers of personnel and resources. From what we have seen the phenomenon, which is sometimes described as chequebook justice, is alive and kicking. Left unchecked, it places all at risk.
Your editorial is certainly timely and the workings of the commercial court cry out for fearless investigative journalism which has been the hallmark of your paper over the years.
Yours faithfully,
Eustace Marshall
