Ministry of Legal Affairs

Gov’t to expand legal aid service - The Chronicle Newspaper - 27th November, 2018

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Published: 29 November 2018

Attorney General and Minister of Legal Affairs, Basil Williams SC, gestures as he enters the Parliament chambers (Samuel Maughn photo)

…full complement of judges, magistrates for 2019

GOVERNMENT will be expanding legal aid access in 2019, including legal assistance in the defence of minor and non-violent offenders, as well as increase the use of restorative justice.

This was announced by Finance Minister Winston Jordan during his budget presentation on Monday. In announcing that some $3.6B has been budgeted for the justice sector, Jordan told the house that a draft restorative justice bill has already been submitted to the Attorney General‘s Chambers for review. The draft bill, he said, emphasises alternative dispute resolution mechanisms which seek to repair the harm caused by criminal behavior, by facilitating constructive mediation between stakeholders.

To this end, he said that in 2019 the government will endeavour to establish a restorative justice office, as well as train around 1,200 persons across the justice sector on restorative justice. With respect to alternative sentencing measures, the government will be developing judicial policies for non-custodial measures. This will reduce the pre-trial detention by five per cent and recidivism by at least two per cent by 2021, Minister Jordan said. “We will also continue to improve the dispensation of justice, with provision being made to add another courthouse in Region One,” in addition to the four new courthouses being set up in 2018 in Grove/Diamond, Bartica, Mahdia and Kwakwani, he said.

Complement of judges
Additionally, Jordan said the government will support the judiciary as they seek to expand their complement of magistrates and judges, noting that the $3.6B allocation represents an increase of 15.8 percent over Budget 2017. The finance minister in noting that the rule of law serves as the backbone for any society, said that commissioners for the Law Reform Commission are being identified and once fully constituted and operational, the commission is anticipated to commence its critical role in the updating the laws of Guyana in 2019.

Further, with the unanimous passage of the Juvenile Justice Bill by the House, it signals a collective commitment to reform the approach in dealing with this part of the citizenry. The finance minister explained that the Act updates Guyana‘s juvenile justice system to be consistent with the Convention on the Rights of the Child, with the aim of guaranteeing juveniles access to legal assistance, re-insertion and diversion programmes, and providing children and adolescents to be accountable for their violations of the law.

“The new law incorporates diversionary measures, court appearances, sentencing, a Juvenile Justice Committee and support facilities such as a halfway house,” he said.
Additionally, Minister Jordan said that modern options and alternative measures are being explored prior to committing a child to a detention facility. “A costing of the implementation of this Act indicates that key cost drivers include, training and the establishment of a halfway house for which we will seek to identify suitable land in 2019,” he said.

AML/CFT regime
Jordan also touched on Guyana’s efforts in combatting money laundering and terrorist financing, saying that the country was proud to be elevated to Chair the Planning Level Committee of the Caribbean Financial Action Task Force (CFATF). “As nations continue to collaborate in the fight against money laundering and the financing of terrorism, Guyana must keep abreast with the emerging regulations and practices, to protect the integrity of its financial system,” he asserted.

He said the national legal framework was further strengthened with the passage of the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) (Amendment) Bill, which sought to satisfy Recommendation 2 of the Financial Action Task Force Recommendations by establishing a coordinating mechanism responsible for national AML/CFT policies. “We continued to build capacity, in 2018, with the training of judges and prosecutors in AML/CFT-related cases and Assessors Training. The government held sensitisation sessions on AML/CFT matters in Regions 3, 4, 5, 7 and 10. These sessions and training will continue in 2019, so that Guyana is fully prepared for its 4th Round Mutual Evaluation.”

Additionally, Jordan mentioned that the Financial Intelligence Unit (FIU) has also bolstered its capacity through the expansion of its reporting entities to over 200, and more categories of entities are expected to come on board in 2019, including cooperatives, commissioners of oaths and affidavits and auditors. The FIU also conducted 12 training seminars, in 2018, on AML/CFT directed at key stakeholders including banks, lottery agents and non-profit organisations. The Unit will be sourcing software, in 2019, in order to improve its intelligence gathering capabilities.

Adhere to FATF standards - The Chronicle Newspaper - 23rd November, 2018

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Published: 29 November 2018

Chairman of CFATF, Basil Williams SC and other officials at the head table

…Williams urges CFATF members to increase effectiveness to tackle financial crimes

CARIBBEAN countries have been urged to increase their levels of effectiveness in the implementation of the Financial Action Task Force (FATF) standards amid heightened global risks of proliferation financing.

This was the charge given by Chairman of the Caribbean Action Task Force, Basil Williams SC, when he addressed the opening of the Caribbean Action Task Force Plenary and Working Groups Meeting being held in Bridgetown, Barbados over the next two days. Williams, who is also Attorney General and Minister of Legal Affairs, is leading Guyana’s delegation to the conference.

He told the conference opening that coupled with the challenges of the Fourth Round of Mutual Evaluations, small member states are dealing with economies affected by low levels of financial growth, recovery from hurricanes and de-risking. “Resources are being stretched as we all use our best efforts to legislatively strengthen our AML/CFT frameworks, establish measures to deal with Proliferation Financing (PF) and implement the AML/CFT laws and processes that can be considered as ‘High’ or ‘Substantial’ levels of effectiveness,” Williams stressed.

He said under his tenure as chairman of the CFATF he was not daunted by these challenges, “instead, I was confident and remain confident that we as CFATF Members and as a Region will continue to improve our compliance with the FATF Standards and increase our levels of effective implementation.”

Williams told the meeting that the plenary meetings represent the Region’s ongoing commitment to the work of the CFATF as a member of the Global Network in the implementation of counter-measures to address Money Laundering, Terrorist Financing and the Financing of the Proliferation of Weapons of Mass Destruction.

Williams said during his term as Chair, CFATF has been able to assist with enhancing AML/CFT capacity in the Region through the hosting of Assessors’ Training in January of this year in Guyana. He said the event was followed by the AML/CFT/CVE Workshop for Judges and Prosecutors in May that saw the participation of forty participants from member countries comprising 15 judges, one Chief Magistrate and 24 Prosecutors, including; Directors of Public Prosecution, Deputy and Assistant Directors of Public Prosecution, Senior Crown Counsels, Principal Crown Counsel and Crown Counsel attended the workshop. Honourable Baroness Patricia Scotland, Commonwealth Secretary General also attended.
Williams also highlighted that during his participation in the Compliance Aid Conference in Miami, the High-Level Mission to St. Maarten and attendance at the FATF Plenary meetings, “I have advocated the work being done by the CFATF and our members, which is all aimed at improving our level of AML/CFT compliance. I am also happy to say that the 11th EDF Grant Agreement was successfully signed and is being implemented. This Project will provide much needed Fourth Round mutual evaluation funding directly for CFATF beneficiary members and also provide opportunities for participation for all CFATF Members.”

Chairman of CFATF and Attorney General, Basil Williams SC and his colleagues across the region at the opening of the conference

Additionally, Williams noted that during the past year CFATF has seen capacity building at the Secretariat, in terms of new staff appointments with the new Executive Director, Dawne Spicer, commencing her tenure on February 1st of this year. There was also the appointment of Deputy Executive Director Joanne Daniel, who took up the post on September 1st. This was followed by the revision of the Secretariat’s Organisational Chart and the appointment of Magdalene Walcott as the Director of Finance and Administration.
In addition to these senior management positions, a new Translator, Ayana Jack, and the appointment of Ellisha George as an Administrative Officer specifically dedicated to the Secretariat’s Mutual Evaluation Team. For the 11th EDF, Project Manager Andrew Frection and Senior Project Officer Beverley Perez have also become part of the CFATF. “To all of you I say congratulations on your appointments. I also take the opportunity to express my appreciation to all staff at the secretariat for their dedication and commitment to the membership. I had the opportunity to visit the secretariat in March of this year and see the operations firsthand.”

Williams stressed that CFATF has made progress in its Mutual Evaluation programme, noting that only one country St. Maarten has been left in Round Three, but following a High-Level Mission visit that he led in August, “I can say that there was a clear commitment to exiting the Third Round.”

In the Fourth Round he said there are five Mutual Evaluation Reports published (Trinidad and Tobago, Jamaica, The Bahamas, Barbados and Antigua and Barbuda) and while the results could indeed be better, these countries continue to make progress.

“Ladies and gentlemen, we have a full agenda of relevant issues and the presentation of the Mutual Evaluation Report of the Cayman Islands, which allows us to focus on our primary function as a FATF-Style Regional Body (FSRB). Issues discussed in the Heads of FIU, CFATF Risk Trends and Methods (CRTMG) Working Group, CFATF International Cooperation Review Group (CFATF ICRG), and the Working Group on FATF Issues (WGFI) will all be presented over the next two days. Colleagues, your active participation in all discussions is essential to strengthening your understanding of the requirements of the FATF Standards and in so doing build our capacity as an organisation. Your active participation in the Mutual Evaluation process is crucial to the work of the organisation, while your engagement in the global discussions through responses to FATF documents allows us to have a much-needed Regional position on these important issues,” Williams told the opening.

During his remarks he also welcomed the body’s Cooperating and Supporting Nations (COSUNs), the FATF Secretariat and all observers, “who continue to place tremendous investment of human and financial resources over the years to assist our jurisdictions in building critical AML/CFT capacity. We value your generosity and remain committed to partnering with you throughout the Fourth Round of Mutual Evaluations and beyond.”

11 years without a lease - The Chronicle Newspaper - 2nd November, 2018

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Published: 02 November 2018

Former President Donald Ramotar on his way to be cross examined in the High Court by the Attorney General, Basil Williams. In this photo, he is accompanied by his attorney, Anil Nandlall (Photos by Samuel Maughn )

…Ramotar admits CJRCI occupied Red House without a lease
…confirms Jagdeo rejected applications thrice
…says his signature was not required to validate agreement

FORMER President Donald Ramotar, while dodging the question of whether Bharrat Jagdeo had rejected three applications for the leasing of Red House to the Cheddi Jagan Research Centre Incorporated (CJRCI) as president, admitted in the High Court that CJRCI had occupied the historic building in the absence of a valid lease.

Attorney General Basil Williams entering the court room on Thursday at the High Court

The former Guyanese President, who served from November 2011-May, 2015, was grilled in the High Court as he was being cross-examined by the Attorney General Basil Williams on Thursday in a case brought against the present government over its decision to revoke the purported 99-year lease from CJRCI.

In the matter being presided by Acting Chief Justice Roxane George-Wiltshire, Ramotar, in the presence of his attorney, Anil Nandlall, confirmed his sworn affidavit dated January 30, 2017 and maintained that he approved the 99-year lease of the Red House, situated in High Street Kingston, to the CJRCI.

The immediate past President told the court that after the CJRCI was incorporated as a not-for-profit company in 2000 by himself – a founding member, and the late former President Janet Jagan, and her daughter Nadira Jagan-Brancier, he explored the possibility of entering into a lease agreement with the government to access the Red House. It was explained that it was the intention of the founding members to establish a library and research facility to showcase the work of the late President, Cheddi Jagan.

According to Ramotar, at the time, he was unaware that the Red House falls under the purview of National Trust of Guyana. Jogging the memory of the former President with supporting evidence, the attorney general asked him to confirm, one, whether the Red House Lease Agreement was signed on March 30, 2012. Ramotar responded in the positive.

It was at this stage that the attorney general sought to question the former President on the Chairman of the Management Committee of the Cheddi Jagan Research Centre Incorporated (CJRCI), Hydar Ally, but was met with objection by Nandlall.

Nandlall, in his client’s defence, told the court that the witness was appearing in the capacity of former President but even before he could have concluded his statement, the chief justice made it clear that Ramotar inserted himself into the matter when he tendered a sworn affidavit. Nandlall, at the start of the hearing, had raised the issue of presidential immunity but was reminded that the former President was not charged or sued but rather is simply a witness in the matter.

The chief justice also cautioned the attorney general about his line of questioning, stating that he cannot question Ramotar on information provided to the Court by Ally.
Adjusting his question, the attorney general asked Ramotar whether the Cheddi Jagan Research Institute in 2000 took possession of the Red House, though there was no finalised lease agreement.

Ramotar, while responding in the positive, said though there was no lease agreement in place between 2000 and 2011; approval had been granted to occupy the Red House. “I am not aware of what is stated in the court document but I am aware that they (CJRCI) entered (Red House) before the lease,” Ramotar told the Court while adding that he could not recall the exact date.

Jogging his memory again in the process, the attorney general then grilled the former President on an application made to the Commissioner of Lands and Surveys on May 2, 2006 for the lease of the Red House. Ramotar had filed the application on behalf of the centre. Though confirming his signature on the application, Ramotar told the Court that he was not involved in the day to day running of the institute. Interjecting again, Nandlall objected to the line of questioning put to the witness, noting that the issue at hand was the validity of the 2012 lease, and not the undertakings of the research institute prior to 2012.

Fielding another round of questions from the attorney general, who attempted to ascertain whether the then President, Bharrat Jagdeo, in 2006 had rejected CJRCI’s application, Ramotar maintained that the institute had gotten permission to occupy the Red House. “What I can say is that the institute was there with permission but I cannot say why Mr. Jagdeo did not sign the lease,” he said while adding that “I don’t know if that is disapproval but he did not sign.”

A second application to lease the Red House was made in 2010 but as in the case of the first application, it was not sanctioned by then President, Jagdeo. On January 11, 2011, a third application was filed. The attorney general repeatedly suggested to Ramotar that his predecessor had refused to sanction the applications.

“I don’t know that he disapproved….I will say that he did not sign. I don’t know that he disapproved,” Ramotar repeatedly said, in his response to the questions put to him.
In November, 2011 the People’s Progressive Party/Civic (PPP/C) had once again won the General and Regional Elections, and Ramotar was elected President. The attorney general put to Ramotar that as President, following in the footsteps of Jagdeo, he did not sign the lease, though it was granted by the Guyana Lands and Surveys Commission (GLSC) on March 30, 2012.

Responding in the negative, Ramotar explained he approved the application by the CJRCI for the leasing of the Red House when it was brought to him along with several other applications by the then commissioner of lands.
“I did not go looking for the application,” the former President told the Court. He noted too that though he did not sign onto the application, he had given his approval. “I didn’t sign the approval,” Ramotar maintained while explaining that he had sanctioned the application by instructing the then Commissioner of Lands and Survey to approve it.

In summing up his arguments, the attorney general maintained that the Red House lease agreement was initiated without the approval of either the President of the Day or The National Trust of Guyana, which is in contravention of Section 10 of the Lands Department Act Chapter 59:01, rendering it void. Nandlall, however, in his rebuttal, argued that the legislation speaks to “sanction” but does mandate a written signature or a written approval.

The lease entered by the then Commissioner of Lands and Survey on behalf of the Government of Guyana, and by Ralph Ramkarran, S.C., on behalf of the CJRCI, was issued under Section 10 of the Lands Department Act, Chapter 59:01 for property with a duration of 99 years, commencing on January 1, 2012 at an annual rental of $12,000 for the first three years, and with the proviso that the government could revise the annual rent payable at the end of every three years.

The Red House is established in The National Trust of Guyana Monuments Register as a Public Building/National Monument/Heritage Site.
On Thursday, the attorney general was accompanied by a battery of lawyers including the Solicitor General, Kim Kyte-Thomas. The current Commissioner of Lands and Surveys, Trevor Benn was present along with his legal team.

The High Court will make its final ruling on December 17, 2018.

‘Dignity for our children’ - The Chronicle Newspaper - 1st November, 2018

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Published: 02 November 2018

A modern Children’s Court was opened at the Georgetown Magistrates’ Court on Wednesday. This Adrian Narine photo shows the courtroom

…AG assures as Children’s Court officially opened

THE Children’s Court was officially opened on Wednesday, with Attorney General and Minister of Legal Affairs Basil Williams, SC, saying government has a special responsibility to children as they are among society’s most vulnerable.

Williams represented President David Granger at the event which took place at the Georgetown Magistrates’ Court in the presence of members of the judiciary, magistracy, diplomatic corps and other invitees.

The United Nations Children’s Fund (UNICEF) partnered with government and other stakeholders to bring the court into being; similar courts will be established in Berbice and Essequibo.

Attorney General and Legal Affairs Minister Basil Williams (Adrian Narine Photos)

“As I noted on the 26th, April 2018, at the 87th Sitting of the 11th Parliament of Guyana and during the debate of the Juvenile Justice Bill, the way we treat our weakest members of society has always been a measure of our society. Indeed, it is considered a test of our humanity and civilisation,” the attorney general said.

He contended that there is no better way for a nation to demonstrate its respect for human dignity than by making appropriate provisions for the protection of its children and for securing their best interests.
He said establishment of the Children’s Court is a manifestation of the importance which the Cooperative Republic of Guyana attaches to the principle of the “best interests of the child.”

The legal affairs minister explained that the “best interests of the child” is a cardinal principle of customary international law. Article 3 (1) of the United Nations Convention on the Rights of the Child, states: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative or legislative bodies, the best interest of the child shall be a primary consideration.”

Minister of Public Security Khemraj Ramjattan is assisted by acting Chancellor of the Judiciary Yonette Cummings- Edwards in unveiling the plaque to open the court

The minister said Guyana has enshrined this principle within its supreme law, the ‘Constitution’ and in other legislation such as the Custody, Contact, Guardianship and Maintenance Act of 2011, the Protection of Children Act of 2009, the Adoption of Children Act of 2009 and the Juvenile Justice Act of 2018. He underscored that the Juvenile Justice Act of 2018 effects many of the provisions contained in the Guidelines for Action on Children in the Criminal Justice System, which was adopted by the Economic and Social Council of the United Nations.

Minister Williams said among the measures which can be utilised for ‘diversion’, under the Juvenile Justice Act, are: an oral or written apology; placing the juvenile under supervision and guidance; counselling and therapy; compulsory attendance at a vocational or educational institution; restitution; compensation; community service; and warnings or referrals.

REFORM RATHER THAN PUNISHMENT
“A juvenile justice system should be characterised, not by extreme punishment, but by sentences that are proportionate to the seriousness of the offence and the degree of responsibility of the juvenile for that offence. It should be underscored by consideration of alternatives to custodian sentences,” the attorney general said.

He continued: “It is vital to ensuring a more rehabilitative and restorative system of juvenile justice. It is essential to promoting the best interests of our children. I commend the chancellor of the judiciary for the great dispatch with which this court has been established. I welcome its establishment. This is a red letter day in our judicial history.”

Juvenile justice
Meanwhile, Public Security Minister Khemraj Ramjattan said the opening of the court is essential to ensuring that the objectives of the Juvenile Justice Act are advanced and achieved.

He explained that the administration has not gotten the temporary facilities to deal with juveniles who have to be remanded; but funds have been requested in the 2019 budget to make such a reality.

Adding that a juvenile justice director and two assistants have been sought, Ramjattan said approval for their appointments will be done at Cabinet. “There will be enhanced training programmes for the people who will be overseeing and administering the new justice juvenile regime. There are other things that have to be done that I need not mention,” the public security minister said.

The minister said in 2019, it is envisioned that such courts will be built in Berbice and Essequibo, while proceedings against juveniles must attract pre-charge screening, which will be done by the director of public prosecutions (DPP). “The DPP must give written consent to any private individual who wishes to institute a charge against a juvenile. That is in the hand of the constitutional office… A juvenile has the right to retain and instruct counsel; and under the act that young person can also get free legal advice,” Ramjattan said.

Improving access to justice
UNICEF Representative to Guyana and Suriname Sylvie Fouet congratulated all the players for their role in improving access to justice for juveniles. She said UNICEF understands that there is a serious commitment that comes with a budget and in 2019, there will be support for expansion of the courts outside of Georgetown.

The UNICEF representative said the new court is expected to enable children to benefit from training and education instead of incarceration.
Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards said the aim of the court and Juvenile Justice Act is for rehabilitation, education and reintegration into society.
The head of the judiciary said visiting the court when a child is in conflict with the law must be a last resort.

“The system is there to further the well-being of the children and therefore the best interest of the child shall be the paramount consideration when making decisions about the juvenile,” Justice Cummings-Edwards said.

An estimated $590M is expected to be procured for Guyana to run a child-friendly criminal justice system in accordance with the Juvenile Justice Act.

Guyana’s Juvenile Offender’s Act was enacted in 1931; but in order for it to reflect international juvenile justice standards in accordance with the Beijing rules and the Riyadh Guidelines, extensive recommendations were made facilitating the Juvenile Justice Act 2018.

AG raps Nandlall for attacking judges - The Chronicle Newspaper - 21st October, 2018

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Published: 23 October 2018

Attorney General Basil Williams

— says assault on judiciary scandalous, must be condemned

ATTORNEY General and Minister of Legal Affairs, Basil Williams, SC, on Saturday took offence at what he called “the reckless and churlish attack on the judiciary” by Attorney Mohabir Anil Nandlall, the PPP front-bencher who lost his appeal against the appointment of Justice (Rt’d) James Patterson as chairman of GECOM.

The Appeal Court last Thursday unanimously upheld the ruling of Chief Justice (ag), Roxanne George-Wiltshire that President Granger’s appointment of Justice Patterson as chairman of GECOM was constitutional; and even suggested that on the first instance of a defective list, the Guyanese leader could have activated the proviso which allowed him to select someone unilaterally.

Another of the judges even went as far as saying that the opposition leader could not have expected the Head of State to choose from a list where “one or two or three persons, as the case may be, are not acceptable to him.”

Thursday’s decision in the Appeal Court has dealt another blow to the opposition’s efforts to overturn the decision. However, Nandlall has taken umbrage with the decision and has stated his displeasure publicly.

“While this latest attack is not surprising, given his penchant to making threats against a media house and other indiscretions, his crude assault on members of the judiciary–three of whom are women–must be roundly condemned,” Williams said in a statement issued Saturday afternoon.

Attorney Anil Nandlall

Williams quoted Nandlall’s comments to members of the media, which stated thusly: “First of all let me say that I am not surprised, I am disappointed but not surprised. This is yet another case that shows how far more our judiciary has to mature, because it is a part of a trend. All the cases that are deeply political are decided in a political way and that has to change.” He then followed up with a letter to the press, further castigating the judges.

According to Williams, these statements, when taken with Nandlall’s labelling of the learned Chief Justice George-Wiltshire’s ruling as being adventurous in the Court of Appeal and him “describing two Barbadian Queen’s Counsel who are more senior to him as aliens, aptly sum up this ex-attorney general’s disrespect.”

DISCOURTEOUS
The AG added: “It however has not escaped the attention of the attorney general that Mr Nandlall has over the years been given great latitude by the court and over time has become discourteous and disrespectful, two traits that are often exhibited by the party he represents.”

Williams recalled Nandlall falsely accusing him of threatening to kill a sitting judge, which turned out to be completely untrue. He said despite this, the former attorney general was allowed to escape sanction by the court.

“As attorney general, I fully support objective comments on judgments handed down by the courts; but these must be measured and respectful without seeking to scandalise the court by describing its decision as political and that the judges who made the decision as [sic] immature. This amounts to personal invective and abuse of the judges,” Williams asserted.

He stated that “Mr Nandlall is becoming unhinged and for a man who has been claiming that other people are losing cases, he seems to have suffered a complete meltdown on losing another major case.”

“Perhaps this experience in losing this case regarding the appointment of the GECOM chairman should enlighten him that in the practice of law before the courts, you win some and you lose some.  However, what is very frightening, is the serious deficiency in Mr Nandlall’s psychological framework for him to believe that he will find the courts to rule in his favour despite the plain and literal language of Article 161 (2), that the appointment of the Chairman of GECOM is to be done by the President of the Cooperative Republic of Guyana and not the opposition leader.  Therefore, as head of the bar, I again roundly condemn his behaviour and remain hopeful that the usual commentators and the Guyana Bar Association will see it fit to do same.”