Jagdeo says Rickford Burke was properly served summonses; police, govt silent on key questions

Last Updated on Friday, 22 December 2023, 22:41 by Denis Chabrol

Even as the Guyana Police Force and the Guyana government on Thursday remained mum on a series of questions related to the service of summonses to New York-based Guyanese anti-government activist Rickford Burke, Vice President Bharrat Jagdeo said the fugitive was properly served at his Brooklyn residence.

“By the way, from what I gather, they have video evidence of him being read the summons and running away after being approached by the people. He ran and jumped in his vehicle, I’m told, when he was approached by the people,” Mr Jagdeo told a news conference.

Mr Jagdeo’s position that that Mr Burke was properly served, despite claims by the Caribbean Guyana Institute for Democracy (CGID) that the accused man was “never served with a document and did not sign for or accept a document.” For its part, the police force did not say whether Mr Burke needed to sign for the summonses and instead pointed out that on December 16, 2023 the defendant summonses were served on Mr Burke at his home address at Maple Street, Brooklyn, New York. “Both defendant summons were read to Rickford Burke and he said he understood,” police said.

While that organisation said pieces of paper were on Mr. Burke’s steps and were retrieved and taken as evidence by the New York Police Department (NYPD), Vice President Jagdeo seemed confident that the weight of evidence would be against that activist in a Guyanese court of law. “At the appropriate time, I think it will be revealed to the court, and maybe even before, if the police chooses to that, that he was properly served so that the trial could go ahead,” he said.

Police said Mr Burke was summoned to appear in court on March 28, 2024. The wanted man declined to comment and instead said his lawyer, Nigel Hughes, would do so.

The Vice President remarked that if Mr Burke does not come to Guyana to face the court, the trial would continue in his absence. “These are serious matters…as well as many other issues for which he is charged,” he added.

The Guyana Police Force did not reply to several questions about the procedure for the service of the summonses on Mr Burke and whether Assistant Superintendent Rodwell Sarabo had received approval from the United States (US) to perform law enforcement functions in that jurisdiction. Police also did not respond to CGID’s claims that Mr Sarabo and Process Server Mark Wesserman allegedly brandished weapons, obstructed Mr Burke’s departure, ruffled through correspondence in Burke’s mailbox, he was never served with a document and did not sign for or accept a document and the men left pieces of paper on his steps.

The Guyana government’s Principal Legal Advisor also did not respond to questions on whether the Police Force, Director of Public Prosecutions or any other relevant government agency had obtained approval or authorisation from a court in New York for serving of the criminal summons to Rickford Burke. Also queried was whether the Guyana government had obtained approval for a Guyana Police Force officer to perform duties in the US to accompany the Process Server to Mr Burke’s residence; was the New York Police Department notified or asked to be engaged in any way touching and concerning the service of the summons on Mr Burke; the procedure that was used for the presence of a Guyanese law enforcement agency in the US on official duty in pursuit of a wanted person, and if the police force, Attorney General’s Chambers or the Director of Public Prosecutions Chambers or any other relevant state agency had any proof that Mr. Burke signed for the summonses.

Vice President Jagdeo said he would like to see the relevant agencies release information but at the same time it was a legal matter. “I’m in favour of full disclosure by the police and everyone else. However, there are legal implications to all of these issues,” he said.

On the 3rd December 2021, the Guyana Police Force issued a Wanted bulletin for Mr Burke in relation to the offences of excitement of hostility or ill-will on the grounds of Race, under the Racial Hostility Act; sedition under the Cyber Crime Act; use of a computer system to coerce and intimidate a person, under the Cyber Crime Act; seditious libel contrary to common law; seditious libel under the peace under the Summary Jurisdiction Offences Act, and inciting public terror under the Criminal Law Offences Act.

The summonses require Mr Burke to appear in court on March 28, 2024 to answer charges for  conspiracy to commit a felony,  with regards to the publication of defamatory libel in order to extort money from Afras Mohammed.

Police said subsequently, on the 18th day of August, 2023, two charges were filed at the Vigilance Magistrate’s Court aagainst Mr Burke for that offence. However, police said the accused, who resides in the US, was absent from Court.

Earlier this year, Mr Burke’s CGID organised a conference on Guyana to highlight alleged discrimination against Afro-Guyanese by the largely Indo-Guyanese backed People’s Progressive Party of which Mr Jagdeo is its General Secretary.