Dear Editor,
With reference to the letter in SN Sept 14, 2009 headlined `The Berbice Bar Association is not functioning’ and written by Charrandass Persaud, it should be noted that there is no Berbice Bar Association. The lawyers in Berbice formed and belong to the Guyana Association of Legal Practitioners. Mr. Charrandass Persaud is a member of the Guyana Association of Legal Practitioners as are all lawyers practising and based in Berbice. It is unfortunate that he made reference to the “Berbice Bar Association” and not to the Guyana Association of Legal Practitioners.
Mr. Charrandass Persaud, as a lawyer should appreciate that there are no sanctions that the Guyana Association of Legal Practitioners can impose upon the lawyers against whom allegations were made. In any event since the matters are before the court it is not proper for the association to comment. Further the Legal Practitioner’s Association exists for lawyers to be disciplined for proven infractions. That Committee was established under the Legal Practitioners Committee. All lawyers are aware of the Legal Practitioners Committee. It does not take a “smart lawyer” to know this. While it is true that the Committee sits in Georgetown, it functions effectively and it should not be asserted, as is implied by Mr. Charrandass Persaud’s letter, that the Committee functions to the disadvantage of “Berbice” lawyers. Perhaps Mr. Charrandass Persaud is not aware that no comment should be made on pending charges. It is not desirable and in fact not legal for any comments to be made on pending charges which may prejudice the outcome of those charges. As a lawyer he must know this.
Mr. Charrandass Persaud is of recent vintage and is not in a position to say that the Association does not address the issues he raised. For years, the Association has been bringing all issues that affect litigants and lawyers to the relevant authorities. For years the present Chancellor and Chief Justice have been, with the participation of the Association, ensuring that trials in the Magistrate’s Courts are speedily concluded. The delay in the transfer of the two Magistrates is attributable to the fact that more time was needed for the replacement Magistrates from Demerara to conclude their matters that were partly heard in that jurisdiction.
Obviously, Mr. Charrandass Persaud does not know that the Magistrate, who he referred to as “a sitting” Magistrate, is entitled to have his office opened and functioning. That Magistrate is an acting one and is given an office allowance by the State. It is one of the conditions of his employment. The rationale is that he should keep his office open to ensure continuity when he decides not to have his acting appointment confirmed.
The Association refuses to comment on the suspension of the Magistrate. It is not within the provisions of the Association to do so. It must be assumed by the Assoc-iation until the Court decides otherwise, that the suspension was warranted since it was a decision of the Judicial Service Commission.
It is most inaccurate for Mr. Charrandass Persaud to say that “Berbice Bar Association” is not functioning. There is no such association. If by saying so he meant the Guyana Assoc-iation of Legal Practitioners then he is out of touch with reality.
Our Association is a vibrant and functioning one. It is unfortunate that the issues raised by him in the press were not first raised with the Association
Yours faithfully,
Adrian Anamayah,
Guyana Association
of Legal Practitioners
