Senior Counsel Ralph Ramkarran has criticised Magistrate Dylon Bess for barring a transgender woman from the courtroom because of her clothing and says a grave injustice has been done to her.
Magistrate Bess had been barring the woman Petronella Trotman who was born a man but identifies as a woman from attending court apparently because she was wearing female clothing. He had once ordered her to appear in court in a pants and shirt and without earrings.
In his column in yesterday’s Sunday Stabroek, Ramkarran says he hopes that the Director of Public Prosecutions takes over the case and appeals the magistrate’s decision to dismiss the case in which Trotman was the complainant. On Friday, for the second time, members of the public were asked to leave the courtroom when the case was called. Magistrate Bess also barred Trotman from entering the courtroom before dismissing an assault case in which she was the complainant.
Trotman, who was dressed in female attire, waited for several minutes after the case was called and the accused subsequently exited the courtroom and informed that the matter was dismissed by the magistrate. When the accused was asked by reporters on what grounds the matter was dismissed, he said he wanted nothing to do with a news story.
Meanwhile, while the court was in recess, reporters asked the prosecutor, court clerk and court orderly about the reasons for the dismissal of the case but they all refused to comment or give an explanation for the decision.
Trotman, who was disappointed by the magistrate’s decision, told Stabroek News that the case got dismissed even though she was present and did not get a chance to give her side of the story. She said she was unsure if she will appeal the matter.
Ramkarran in his column noted that Trotman had declined the Magistrate’s injunction to dress like a man and on the following two occasions, she was not permitted to enter the courtroom.
“I am sure that Magistrate Bess thought that what he was doing was right. I believe that he felt that he was upholding the law and probably public morality as well. But Petronella committed no wrong. She was the wronged party. Her allegation was that someone had assaulted her. She would have made a report to the police.
“She then attended court to seek the justice that she believed that she was entitled to. But Magistrate Bess did not believe that she was entitled to justice if she was not dressed like a man. Magistrate Bess was grievously wrong and a grave injustice was done to Petronella Trotman who only appeared to have offended the sensibilities of His Worship.
“This is no small matter. Petronella’s rights were seriously violated. It is hoped that the Director of Public Prosecutions will take over this matter, appeal the decision and ensure that justice is done to a law-abiding citizen who was refused justice for no justifiable reason”, Ramkarran stated.
He also questioned whether any official senior to Magistrate Bess had made any effort to correct him.
“Of course, I could be mistaken because if this was done it would not have happened in the glare of publicity. And Magistrate Bess could have properly declined to accept such advice”, Ramkarran said.
He said that while no one actually knows the numbers, there must be a large number of transgenders in Guyana, adding that most of them, including children and teenagers, have to suffer in silence because they are objects of derision or scorn. He added that those who pay attention know that the suffering is great and leads in many cases to suicide or attempted suicide.
“The authorities pay little attention to these profound social issues. They attract little or no sympathy from officialdom, even in its spare time. These issues attract few people at demonstrations. Consequently, ancient laws remain on the statute books, perpetuating an atmosphere of hostility and mockery to the LGBTQ community whose rights remain unaddressed. Like Petronella, they continue to be assaulted, discriminated against, victimized, derided and scorned for harming no one and doing nothing wrong. It is time that the authorities pay attention”, Ramkarran declared.
The magistrate’s action was also severely criticised by rights activist Sherlina Nageer in a letter in Saturday’s edition of Stabroek News.
