Calumny and contempt

Engineering Services Limited against the Government of Guyana.” I know nothing about the case. But this I do know.

An appeal to the Court of Appeal has to be filed within six weeks of the decision of the High Court. Leave can be granted by the Court of Appeal within four weeks thereafter to file a notice of appeal out of time if ‘bona fide’ grounds are shown. Thereafter ‘exceptional circumstances’ must be proved.

More often than not, an application within the four weeks is granted. More often than not, an application thereafter is refused. Neither the government nor anyone else has an automatic right to appeal a decision outside the legally prescribed time. The reporting by the Chronicle suggests that the government does have such a right and that the Court of Appeal is duty bound to facilitate the government, regardless of the circumstances.

The Chronicle is upset that the court is hearing the ‘third term’ case. (Hint! Hint! It believes the Chancellor will rule in favour of Jagdeo, and ignore the merits of the case). What’s the problem? If the government feels that it has a good case and loses, the CCJ will reverse the decision.

The Chancellor and judiciary are subject to public scrutiny and criticism. But these attacks are unprecedented in their savagery. Even in the 1980s, when the judiciary was under severe pressure, Chancellor Victor Crane could announce that socialist principles would guide him in his decision-making, in the sure knowledge that even if criticized, he would not be subjected to the demeaning insults, as made against Chancellor Carl Singh.

This open, blatant and shameless intimidation, is not meant only for this Chancellor. It is a message to the next Chancellor and Chief Justice, who will be appointed shortly, and for the entire judiciary, to toe the line. Neither the judiciary, the Bar nor the public can afford to be silent at these alarming developments. If not arrested now, they will only get worse.