Guyana Post Newspaper

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Keeping you updated on current events...

Tuesday January 19, 2021

ONLINE DAILY NEWSPAPER

High Court throws out one elections petition, to hear the other

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Break-in at Police Service Commission seek to influence senior ranks promotion Pg2

UK records new daily high of 1,610 covid deaths Pg4

Inappropriate touching in prison sends inmate to hospital Pg4

THE BIDEN ERA BEGINS! Pg5 Tucville, Georgetown, Guyana, Tel: 592-623-9971

Guyana Post, Tuesday January 19, 2021

High Court throws out one elections petition, to hear the other

One of two petitions filed by the APNU/AFC challenging the validity of the 2020 General and Regional Election was dismissed by Chief Justice Roxane George, yesterday, following a noncompliance with effecting service in accordance with the National Assembly (Validity of Elections) Act. The petitioners are asking the High Court to determine the legality of the March 2 elections and the results that led to the declaration has been thrown out, leaving the petition allocation of seats in the National Assembly being the only one standing.

Both petitions are seeking an order to direct the Chairman of the Guyana Elections Commission (GECOM), Justice (ret’d) Claudette Singh, to declare former President, David Granger, the winner of March 2, 2020, General and Regional Elections..

One of the petitions which was filed by Monica Thomas and Brennan Nurse was

dismissed on the fact that procedures in the filling the matter was done out of its frame stipulated in the laws of Guyana and as such would have exposed a defect in service.

Chief Justice George added that the petition and the relevant documents were served outside of the statutory five days period on former President David Granger, who was named the second-named respondent.

She said that in the midst of correcting this error the petitioners have done so miserably” since the evidence produced was deemed unreliable, as she also noted that it does not matter that Granger filed notices indicating that he will not file submissions opposing the petition.

Lawyers for the petitioners had asked the Chief Justice to overlook the deficiencies in the petition and proceed with hearing the substantive case. However, Justice George pointed out that Granger is a necessary party to the election petition, and as such, non-

Chief Justice Roxane George

compliance with service cannot be overlooked.

Having regards to the foregoing, Justice George held that late service on Granger amounts to nonservice, which will lead to the petition being nullified by the court.

Claudette Thorne and Heston Bostwick have also filed an election petition on behalf of the APNU/AFC. Justice George on Monday announced that the court will proceed with hearing this petition.

In that petition, the

petitioners are asking the court to set aside the results of the March 2020, General and Regional Elections as it was held unlawfully. They are also asking the court for an order nullifying the declaration of Dr Irfaan Ali as President of Guyana.

Attorney General Anil Nandlall had filed a Notice of application asking that the petition be dismissed as the manner in which the petition, filed on September 15, 2020, was purportedly served on

former President David Granger, the secondnamed respondent, was in breach of Section 8 of the National Assembly (Validity of Elections) Act and Rule 9 of the National Assembly (Validity of Elections) Rules.

According to Nandlall, there was no evidence to support the time at which the petition was served upon the former Head of State. He outlined that Section 8 of the National Assembly (Validity of Elections) Act stipulates that the respondent is to be served with the notice of the presentation of the petition, and of the nature of the security or proposed security, and a copy of the petition with supporting affidavit.

It states therein that within the prescribed time, not exceeding five days after the presentation of an election petition, the petitioner shall in the prescribed manner serve on the respondent a notice of the presentation of the petition, and the nature of the security or proposed security, and a copy of

the petition unless the court otherwise directs on the application of the petitioner.

Rule 9 (1) of the National Assembly (Validity of Elections) Rules states that the petitioners have the statutory obligation to effect service within five days after the presentation of the petition. Nandlall pointed out that the petition having been filed on September 15, 2020, should have been served on the former President five days thereafter which would have been September 21, 2020, since the fifth day – September 20, 2020 – was a Sunday.

But according to an affidavit by Nurse, the petition along with the relevant documents were not served on the former President until September 25, 2020four days outside of the statutorily prescribed period. Having regards to the circumstances, Nandlall urged the court that the petition ought to be dismissed.

Man freed of murder five years later

Shafeek Mohammed

After being behind bars for almost five years for murder, Shafeek Mohammed was freed by the High Court on Monday after Justice Navindra Singh upheld a No-case submission made by his attorney, Latchmie Rahamat.

Mohammed was on trial at the Georgetown High Court for the murder of his male relative, 33-year-old Ramkarran Mohanlall on February 3, 2016, at Marshall Street, Annandale South, East Coast Demerara.

According to reports on the day in question, Mohanlal was involved in an argument his with his wife’s brother-in-law, Mohammed.

During the altercation, he was stabbed to his chest, groin, neck and right arm.

He was rushed to the Georgetown Public Hospital where he was pronounced dead on arrival. The state was represented by prosecutor

Tariq Mohammed.

After the State closed their case, attorney Rahamat submitted that the defence has no case to answer since the prosecution failed to disapprove the case of the defence that Mohammed acted in self-defence.

Rahamat concluded that case of self-defence was proven based on several testimonies from witnesses.

Several witnesses testified that there was a fight between the two men however, Mohammed managed to free himself and walk away. While walking away, Mohanlal ran behind Mohammed and threw him onto the

ground which resulted in another fight.

A witness testified about seeing Mohanlall sitting on top Mohammed pinning him down to the ground and punching him.

Justice Singh agreed to the case of self-defence.

“The facts in the case in

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my view shows that the accused was in a position for which he could have concluded that he had no means of escape at that stage and violence was continuing to be vested upon him”.

The Judge further stressed that it is the Court

view that at that stage any degree of force necessary used by Mohammed to get out and defend himself would be lawful.

Justice Singh agreed with the submission of the defence and directed the jury to return a formal verdict of not guilty.

Tucville, Georgetown, Guyana, Tel: 592-623-9971

Police Promotions continued

Guyana Post, Tuesday January 19, 2021

The AG Chambers is involved in manipulating the police promotion list

Article 212 (1) of the Constitution invests the Police Service Commission with the sole authority to promote ranks from Inspector to Assistant Commissioner.

The usual procedure is for the Commission to make a request to the Administration of the Guyana Police Force to submit recommendations for considerations. The Administration of the Guyana Police Force is guided by the relevant sections of the Standing Order of the Guyana Police Force, which sets out the criteria for promotion to the various ranks.

It is important to note that the Administration of the Force makes recommendations.

It cannot direct the Commission.

Indeed, no one can direct a constitutional Commission, such

as the Police Service Commission, on who to promote or not promote.

The was made very clear by the Acting Chief Justice in 2017 when the current Attorney General challenged a direction to the Police Service Commission, by the then Minister of State, Mr. Harmon, to halt the consideration of planned promotions.

The CJ stated, among other things, that such a direction was unlawful and a blatant disregard for the Constitution. The current situation is that the Administration of the Guyana Police Force has made recommendations for promotion to ranks from Inspector to Assistant Commissioner.

The long established practice is that during the consideration the records of ranks are perused to ensure that they have a good record, they have

passed the appropriate qualifying police examination, they do not have any disciplinary conviction on the two preceding years and they do not have any pending disciplinary matter.

Some rank are contending that the existing disciplinary matter against them should be disregarded and that they should be considered for promotion.

It should be noted that among the punishment the Commission can award are: reduction in rank and dismissal from the Force.

This raised a few questions: 5(1)What if a person who has a disciplinary matter is promoted then found guilty of the charge (s)?(2)What if the decision is to reduce the person in rank, or dismissed them form the Force? It is important to point out that the Commission has not

finalized the promotion list.

The promotion list cannot be said to be finalized until it is signed off and dispatched to the Commissioner. It is clear that persons have been clandestinely provided with a list which has some persons who have been shortlisted for the various ranks. The question is how did they come in possession of the shortlist?

I have my suspicions.

Suffice it to say that such a breach n confidentiality never occurred during the life of the current commission. Oh, it should be mentioned that the secretary during the last promotions was sent on leave and replaced with a secretary who was at the Commission before.

Coincidence? I doubt it.

The first short list was prepared by the Commission just before Christmas. On Christmas Eve day the Minister of Home Affairs sent a document to the Commissioner of Police.

That document contained the names of several ranks, including some who were shortlisted for promotion.

It stated that the named ranks were under criminal investigation. It was very clear that the purpose of that document was to get the Commission to not

consider the named ranks for promotion. What made the intention of the document even more transparent is the fact that two of the officers who were named were recommended by the administration of the Force for promotion.

In the recommendations the allegations, which were contained in the document from the Minister were never stated. Indeed, the ranks were highly recommended because of their good conduct, professionalism and educational background.

It was noted that the document from the Minister was redone

by Brutus and made to appear that the document originated from the force.

There are several matters engaging the attention of the High Court.

Senior Superintended Fazil Karimbaksh’s move to the court to have two disciplinary charges, which were instituted against him dismissed.

He is also seeking several other orders.

The Commission and the Attorney General’s Chambers prepared and filed an affidavit in response to the claims made by Karimbaksh.

It is rumored that the Attorney General gave instruction to his staff to

withdraw the affidavit, which was filed on behalf of the Commission. It seems that the intention is to ensure that the matter is defenseless when it comes up in court, allowing Karimbaksh to get his way.

It must be noted that based on the Caribbean Court of Justice ruling in the cases of Brent Griffith v The Guyana Revenue Authority and the Attorney General and Satte Basdeo v The Guyana Sugar Corporation Limited, the Attorney General is not permitted to represent autonomous constitutional and statutory bodies.

Yet the Attorney General’s Chambers has been seeking to “represent” the Commission in the current matters. It is rumored that the AG is behind all the matters, which are currently before the courts.

So it appears to be a case where the AG is advising/directing the ranks to initiate court proceedings then attempting to “represent” the party against whom the proceedings are initiated.

How more unethical can one get?

The Guyana Police Force is probing the disappearance of several documents and other items owned by the Police Service Commission.

These are suspected to have been stolen during the break-in.

This incident came on the heels of a promotion saga which had quickly escalated to the courts, where several senior officers, who were not promoted, are seeking

redress.

Up to news time, it was confirmed that there was indeed a break-in, with several files missing but specific files that are missing are yet to be known to the public.

Notwithstanding the incident which was said to occur during yesterday and today, police are currently on the ground investigating the matter.

Just a few weeks ago, several other senior

officers would have taken their dissatisfaction to court challenging the manner in which several officers were promoted leaving those who were in line for promotion behind.

These promotions would have fallen on the backdrop of Minister of Home Affairs Robeson Benn, writing to the Commissioner of police, Nigel Hoppie (ag), with a list of directives that would have influenced the

list of promotions.

To the extent of being dissatisfied with the move some seniors have challenged that decision noting that that Minister does not hold such powers.

On the other hand, Commissioner Hoppie recently demoted some ranks, who would have not been scrutinized well.

Break-in at Police Service Commission seek to influence senior ranks promotion

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Tucville, Georgetown, Guyana, Tel: 592-623-9971

Guyana Post, Tuesday January 19, 2021

Inappropriate touching in prison Man gets life imprisonment slashed sends inmate to hospital indicted for murder. and Dawn Gregory, at the

Deosarran Bisnauth

An altercation between two inmates over the touching of one’s private parts has resulted in one of them being hospitalized after being stabbed. he Victim, Alvin Jones, called “Hotskill” is currently serving a 45-year prison sentence over killing Albouystown footballer, Paul Daniels, who was ‘gunned-down’

during a robbery.

According to Director of Prisons (ag) Nicklon Elliot, it was noted that some time last night Jones touched an inmate’s buttocks.

Later the next morning an argument broke out between them and it was them the suspect whipped out the sharpened object and stabbed Jones several

times.

Jones was later picked up and rushed to the hospital and admitted as a patient.

Director Elliot did not, however, comment on the condition of the Jones but r maintained that the matter is currently under investigation.

A 23-year-old man who was sentenced to life imprisonment for manslaughter had his sentence reduced to 12 years on Monday by the Court of Appeal.

In 2017, Deosarran Bisnauth called “Strokes Mouth,” was sentenced by Justice Navindra Singh at the Demerara High Court after he was found guilty by a 12-member jury for manslaughter which stated that he unlawful killed Robert Mangal called “Trevor” on July 6, 2013, at Enmore, East Coast Demerara.

Bisnauth, who was 16 during the commission of the offence was initially

Berbice man killed over food, alcohol

A Berbice Man, who was reportedly chopped to his chest during an argument over food and alcohol now lies in a local mortuary. An intoxicated suspect is in custody.

The now-dead man is identified as 40-year-old Mark Griffith, a Labourer of Symthfield, New Amsterdam Berbice.

According to reports it was just around 17:00hrs

on January 17,that Griffith and another man who goes by the name “Smokey” began to argue.

That argument was reportedly stopped by the dead man’s sister and the two later calmed down.

However, later that afternoon, the argument continued and as a result, Griffth’s Sister was summoned by a friend and upon arrival, she saw

her brother lying in a trench bleeding profusely from a wound inflicted on his chest.

Griffith was then taken to the New Amsterdam Hospital by his sister and friend, where he was seen and treated by a doctor on duty but succumbed while undergoing treatment.

That suspect was later arrested and is assisting with the investigation.

During his trial, Bisnauth had claimed that he acted in self-defence after the victim charged at him with a rum bottle at a shop.

According to reports on the day in question Bisnauth and Mangal were at a rum shop located at Enmore when a fight broke out between them.

It is alleged that Mangal confronted a Bisnauth with a rum bottle.

Bisnauth then armed himself with a piece of wood and dealt Mangal several lashes to the back of his head. Mangal fell to the ground and was rushed to the hospital, where he later died.

His attorney, Stanley Moore filed an appeal contending that sentence was excessive, and the trial judge erred in law excluding the elements of self-defence and the law on elements of provocation.

The appeal was heard

by Chancellor (ag), Yonette CummingsEdwards and Justices of Appeal, Rishi Persaud

Guyana Court of Appeal.

The state was represented

by Assistant Director of Public Prosecutions Dionne McCammon Delivering the ruling of the court, Justice Cummings-Edwards said, among other things found that Bisnauth should have not been sentenced to life imprisonment given his age during the commissioning of the crime.

The appellant court informed Bisnauth that his sentence would be reduced to 12 years. As such the court allowed the appeal on the aspect of the sentence and not his conviction for manslaughter.

In doing so, the court relied on the CCJ case of Romeo Da Costa Hall vs The Queen in which it was held that full credit should be granted for the time an accused person spent in pre-trial custody.

The court further ordered that the sentence would take effect from the date of conviction.

UK records new daily high of 1,610 covid deaths A further 1,610 people have died in the UK within 28 days of a positive Covid test - the biggest figure reported in a single day since the pandemic began.

It means the total number of deaths by that measure is now above 90,000.

A total of 4,266,577 people have now received the first dose of a vaccine, according to the latest government figures.

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Another 33,355 positive Covid cases recorded - less than half the peak figure of 68,053 on 8 January.

It is the lowest number of daily cases seen since 27 December - before the start of England’s third nationwide lockdown.

The figures come as new estimates from the Office for National Statistics show about one in 10 people across the UK tested positive for Covid-19 antibodies

in December - roughly double the October figure.

On average, the UK is recording over 1,100 deaths a day.

Firstly, the number of cases is below 40,000 for a third day in a row. Just two weeks ago we saw a few days above 60,000.

In total, 91,470 people have died within 28 days of testing positive, but there are other ways of measuring the total number of deaths.

Tucville, Georgetown, Guyana, Tel: 592-623-9971

Guyana Post, Tuesday January 19, 2021

Letter to the Editor

GROUP OF COMPANIES

Dear Editor, Let me tell you a story. A government receives tens of billions of US dollars in oil revenues over the past few decades. They use this money to pay their debts and invest in their people and improve their standard of living.

That government even has enough money to fund charities that seem to do good work around the world. But then one of those charities decides to oppose oil and gas development for environmental reasons everywhere it finds it.

That message doesn’t sound so good to countries that want to use their own resources to help their people. So instead, this group portrays their campaign against oil and gas as a way to help people get more value for their resources.

They criticise governments for not getting absurdly high values for unknown resources. They involve themselves in elections— publishing studies that call out governments for not signing “better” deals that

were never offered. They claim they don’t oppose all developments, just this one, just here, just now.

And then one day, they decide to drop the charade.

They retract the study they published because it didn’t go far enough in opposing all oil and gas development everywhere and anywhere.

I speak, of course, about the much-publicised decision by non-profit group Global Witness to withdraw their controversial 2020 study on Guyana’s oil, “Signed Away.”

MP Raphael Trotman put it best in his own scathing letter to the editor, saying, “Global Witness finds it convenient to withdraw the report, not in part, but entirely and clumsily use the fig leaf of environmental causes…

It is now established, beyond a shadow of a doubt, that Global Witness allowed itself to be used to further political and economic interests prior to Guyana’s 2020 elections.”

Now Global Witness finally admits openly that

VACANCY EXISTS FOR AN ASPHALT PLANT OPERATOR

their aim was never to help Guyana get the most for its resources. Instead they now say it’s now up to poorer countries to cease all oil development and lead the way towards cutting oil and gas use in half over the next five years.

Where does that leave a country like Guyana? A country on the cusp of a higher standard of living and a better future and certainly more than five short years away from generating all power from renewables?

They don’t really seem to care. But at least now they’re honest about that.

QUALIFICATION:

• Degree in Electrical Engineering • AutoCad Techical Certificate • Computer Literate GENERAL REQUIREMENTS: • Must be able to complete assignment on time.

• Recent police certificate of character.

• Furnish full details of past work experiences.

• At least five years’ experience operating a fully computerized automatic equipment with provisions for manual overdrive.

Sincerely, Clement Smith

REMUNERATION:

• Negotiable Depending on Qualification and Experience • Interested and qualifying candidate may forward his resume before 16th of January, 2021 to the Office Manager

GROUP OF COMPANIES LOT 1&2 MUD LOT, WATER STREET KINGSTON, GEORGETOWN GUYANA, SOUTH AMERICA HEAD OFFICE TEL: (592) 226-5513-4 | 226-5314-5, 226-4113 FAX: (592) 226-5517, 223-7421 | EMAIL: bkinc@bkinc.biz

THE BIDEN ERA BEGINS!

We are just a little over a day away from the beginning of a new administration. At noon Wednesday, January 20, Joe Biden will take the oath of office to become the 46th President of the

United States.

Biden and his Vice President - Kamala Harris, are promising a dramatic shift from their predecessors’ way of doing business. But what will that look like? First,

let’s look at executive actions planned for his first week: • Rejoining the Paris climate change agreement • Reversing the travel ban that applies to several Muslim-majority

countries • Requiring masks on federal property and in interstate travel • Taking action to extend eviction and foreclosure restrictions Then there are his actions aimed at fighting the pandemic, including economic relief: • Direct payments of $1,400 to most Americans • Increasing the federal, per-week unemployment benefit to $400; extending it through the end of September • $50 billion toward Covid-19 testing • $20 billion toward a national vaccine program Helping Biden work toward achieving these goals will be

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By Mike Calia @Michael_Calia

Treasury Secretarydesignate Janet Yellen, whose confirmation hearing was Tuesday, and a trio of new Democratic senators who will be sworn in Wednesday:

Georgia’s Raphael Warnock and Jon Ossoff, who earlier this month won dramatic runoff victories; and California’s Alex Padilla, who is replacing Harris.

Tucville, Georgetown, Guyana, Tel: 592-623-9971

Email or text your letters to us we would be happy to have publish them ExxonMobil Oil Rig

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