Demerara Waves Online News- Guyana Riding on the Crest of Truth
Last Updated on Saturday, 23 March 2024, 15:44 by Denis Chabrol
New York-based opposition activist, Rickford Burke has asked the High Court to quash the serving of a Guyana Magistrates court summons to him in New York by a Guyanese policeman, according to court documents.
He wants a declaration that the purported service by Rodwell Sarabo an officer of the Guyana Police Force, in Brooklyn “is a nullity, without and in excess of jurisdiction, bad in law and of no legal effect.”
“A Declaration that there is no authority conferred on any Officer of the Guyana Police Force to effect service of a Defendant’s Summons issued by a Magistrate under the Summary Jurisdiction Procedure Act Cap 10:02 on a Defendant resident abroad and outside the Jurisdiction of Guyana,” states the court papers.
The High Court is being asked to declare that the process of a Magistrate whether exercising Civil or Criminal Jurisdiction under the Summary Jurisdiction Magistrates Act Cap. 3:05 is restricted by Section 68 (1) of the aforesaid Act to the geographic limits of Guyana.
The complaint or information was issued under the Summary Jurisdiction Procedure Act Cap. 10:02 dated the 9th day of November, 2023, to Mr Burke for the offences of conspiracy with other persons to publish defamatory libel with a view to extort money, and
conspiracy with other persons to offer to abstain from publishing defamatory libel with a view to extort money
Mr Burke, through his battery of lawyers headed by Senior Counsel Roysdale Forde, also wants the High Court to declare that laws governing defamation and criminal defamation are in violation of Guyana’s constitutionally enshrined fundamental right to freedom expression.
The respondents are Attorney General Anil Nandlall and Magistrate Fabayo Azore of the East Demerara Magisterial District.
Further, the High Court is being asked to declare that the offences of conspiracy with other persons to publish defamatory libel with a view to extort money; and conspiracy with other persons to offer to abstain from publishing defamatory libel with a view to extort money are Common Law criminal misdemeanor offence.
Precisely, Mr Burke wants to court to also declare that the offences of conspiracy with other persons to publish defamatory libel with a view to extort money as set out in Case Jacket No. 3288 of 2023; and conspiracy with other persons to offer to abstain from publishing defamatory libel with a view to extort money as set out in Case Jacket No. 3289 of 2023 are not Summary Conviction offences and or Summary Jurisdiction offences.
Further, the activist wants a a declaration that under the constitutional framework as set out under the Constitution of Guyana, the defamation of a private person by another person cannot be regarded as a criminal offence, and that the resort to Criminal Defamation to protect individual reputation is unnecessary, disproportionate, excessive and not reasonably justified and or required to protect reputations, rights and freedoms of other persons and thereby unconstitutional.
Also being sought is a declaration that the offence of Defamatory Libel either at Common Law or as set out in Criminal Law Offence Act is inconsistent with the Freedom of Expression as guaranteed by the Constitution of Guyana.
The court has been also requested to declare that the offence of Defamatory Libel either at Common Law or as set out in the Common Law Offence Act Cap 8:01 is an unjustified and unrequired restriction of the Freedom of Expression which is the cornerstone of the principles of democracy, rule of law, accountability, transparency and good governance.
Orders are being sought to quash the summons for the offences.
Mr Burke, who last visited Guyana 27 years ago, states in court documents that he is the President of the US-registered not-for profit Caribbean Guyana Institute for Democracy and he works in the US as an advocate against injustice, racial discrimination, for human and civil rights, as well as a leader in the Guyanese American and Caribbean American communities.
He claims that the Guyana Police Force charges against the him are purely politically motivated and fabricated and unconstitutional. They were fraudulently instituted against the Applicant, for the singular purpose of tarnishing his character and credibility as an ardent critic of the PPPC Government of Guyana in the US and the International community, and because the Applicant exhort tremendous influence among persons in the US Government and on social media.
The court papers state that on Saturday, December 16, 2023, at approximately 10:15 A.M., Mr Burke attempted to depart his home in Brooklyn, New York, for Church, two unidentified men dashed out of a small white SUV that was parked across the street, rushed across the street, and entered his property and obstructed his path. They were both armed with handguns. One appeared to be of African descent. The other appeared to be Caucasian.
He further states that neither person identified themselves. The Caucasian individual rushed up to the Applicant’s front steps to his front door as the Applicant exited the door and attempted to push a white paper at the Applicant. He said nothing other than “You’re Rickford Burke!” Take this.” The Applicant, he said, ordered him off his premises. Mr Burke said he briefly glanced at the document he pushed at him. The Applicant was not wearing his contact lenses and could not decipher what was on the handwritten document. The Applicant said he then turned around, locked his door while again ordering him and his accomplice to leave his premises.