GEORGETOWN, Guyana, Sept 23, CMC – The Bar Council of the Bar Association of Guyana Tuesday said that it “notes with concern” what it termed “the recent increase in unjustified public criticism” of magistrates and judges for their decision to grant or refuse bail.
In a statement, the Bar Council said that it was raising the concern after the Guyana Police Force (GPF) issued a press release criticising the acting Chief Magistrate, Faith McGusty, for granting bail to a defendant accused of throwing acid on two women.
“While the Bar Council recognises the right to critique judicial decisions, such commentary must be factual, balanced, and based on law. In this instance, the GPF’s statement omitted material facts, forcing the Chief Magistrate (ag) to clarify in court that the prosecution had failed to provide the promised evidence on which the criticism was based.
“The granting or refusal of bail is based on the application of legal principles and bail is simply a mechanism to ensure attendance at Court and not a penalty,” it said.
Last week, the acting Chief Magistrate expressed complete surprise and disappointment over the GPF statement over her handling of an acid throwing case.
Speaking in open court, the Acting Chief Magistrate said the GPF completely misrepresented all that took place in her court room and she will now have the audio for all of her proceedings recorded since it appeared as though the GPF was provided with erroneous information.
She said the GPF release made reference to statements and information that were never made in her court or presented to her, expressing surprise over the GPF’s statement.
In its statement last Wednesday night, the GPF expressed grave disappointment in the decision of the Acting Chief Magistrate to grant bail to the accused in the acid attack case, making reference to the many recent incidents of violence being committed against women.
The police had objected to bail, while claiming that it was in receipt of a video recorded confession statement from the accused, admitting to the crime.
The police said despite the heavy prevalence of violence against women in Guyana, magistrates continue to omit to take this crucial factor into account in exercising their discretion in respect to the granting of bail.
Attorney, Ronald Daniels, who is representing the accused, in a statement disagreed with the police account of what had unfolded in the courts.
He said his client remains on bail in the sum of GUY$500,000 (One Guyana dollar=US$0.004 cents) as the matter remains before the court.
In its statement, the Bar Council said it is urging “public institutions, including the GPF, to exercise responsibility in their statements on judicial matters.
“Inaccurate or incomplete criticism not only undermines judicial officers but also weakens public confidence in the justice system. Judicial independence and the rule of law must be respected at all times,” it added.
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