Rockcliffe, in a letter to the press, bemoaned the practice of persons no longer swearing before COAs, although they attach their signatures to documents. He said the majority of documents are never sworn to at any time and called for an end to the “farce” in the judicial system. “Eliminate the oath; it’s time to remove the lie. Remove the disrespect for the holy books. Say thanks and goodbye to the Commissioner; Remove the requirement that he lie,” Rockcliffe wrote.
Bholaisingh referred to Rockcliffe’s comments as constructive criticism, saying he welcomed it because it would serve to strengthen the community. He displayed what he called the “tools of his trade” during an interview with Stabroek News on Wednesday, pointing to copies of the Bhagavad Gita, the Koran, the Bible and a handbook of the laws of Guyana. “These are here always and people who seek out my services know them well because I make use of them,” he stressed.
Bholaisingh said people are asked to take the oath when they approach him, but he admitted that some persons in the community are flouting the procedures. “I can’t speak for all of them because I really don’t know what is going on,” he said. He called on Rockcliffe to engage the association so that “we can move forward in the right direction.”
He said training is seriously lacking in the community, noting that in several other jurisdictions JPs are trained to function effectively. He pointed to the laws governing the work of JPs, noting it is antiquated and needs upgrading. Compulsory registration is also critical, Bholaisingh said, observing that if JPs are registered with the association they would be able to monitor what is happening.
According to him, the association should have an input in the appointment of JPs because “conduct is an issue.” He said there are around 500 JPs in the country, but only 50 are registered members of the association. “…This is not good enough. What are they afraid of?” Bholaisingh asked. He said many persons practising in the community are not in possession of an instrument. “People look at me and say I was appointed by the queen, others say I was appointed in Burnham’s time and by Arthur Chung and when I ask for the instrument they can’t produce it,” he said.
Ramson told reporters on Wednesday that while he is concerned about people not taking the oath, he feels a greater problem lies in the fact that JPs and COAs are attaching a fee to their services. He said people who were appointed to serve in this capacity have made the service into a business. He added that this “is not right.”
Ramson said such titles are honorific and are given out of grace by the President and the public should not have to service the pockets of JPs and COAs. “They should serve the public, not the public serving them,” he said. He also questioned why the police have not closely monitored the community and suggested a sting operation be conducted in the downtown area, where the community is concentrated.
Bholaisingh agrees with the AG’s point about payments being charged. He said a few costs are incurred in the business, but added these are not enough for JPs to charge an exorbitant sum. He said the association is trying to clear up “a lot of skullduggery” which is going on, adding that the body is without the ammunition to press ahead. “If the authorities give up the measure of compulsory registration we could get a host of things cleared up,” he said.
