President of the President of the Caribbean Guyana Institute for Democracy (CGID), Rickford Burke, a Guyanese born, US based political and rights activist has moved to the court’s to not only quash a recent summons issued to him, as well as the nullifying of several accusations levelled against him, as well as a declaration on the geographic restrictions of the local authorities .
In his Application to the High Court, Burke is challenging the decision by Magistrate Fabayo Azore, and has also listed jointly as a respondent in his application the Attorney General, the incumbent being Minister of Legal Affairs Anil Nandlall.
The allegations include conspiracy to publish defamatory libel with the intent to extort money.
Burke, through his Attorneys-at-Law Roysdale A. Forde, S.C, Dawn Holder-Cush, and Sasha King, in a prepared application submitted to the High Court, argues vehemently that these purported offences do not align with the delineated parameters of summary conviction or summary jurisdiction offences as outlined by common law, and as such should be quashed.
Additionally, the CGID President is calling on the High Court to declare that the purported service by Rodwell Sarabo an Officer of the Guyana Police Force on Burke in Brooklyn, New York, United States of America, in regards the ‘purported offences, also be quashed. The CGID President is additionally calling on the court to declare that the process of a Magistrate whether exercising Civil or Criminal Jurisdiction under the Summary Jurisdiction Magistrates Act is restricted by law to the geographic limits of Guyana.
As such, the summons is, “a nullity, without and in excess of Jurisdiction, bad in law and of no legal effect.”
Additionally, Burkey through his attorneys is seeking 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.
He further contends, “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.”
Additionally, the CGID President in his application is seeking a declaration that 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.
In addition to costs, Burke is also, among other things calling on the High Court 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.
