It’s a bad time for judges — GHK Lall — Opinion

It’s a bad time for judges

October 15, 2026·2 min read

Dear Editor,

I did say beware. How matters were going to go forward, should CCJ Chief Justice, Excellency Winston Anderson remain?^[1] I had shared that things wouldn’t go forward, but circular, and fists folded. Now the bad blood mentioned, the hatchets feared, have spilled into the light. CCJ Justice Peter Jamadar under siege, under the microscope.

It’s a bad time for judges. Did somebody say independence of the judiciary? Recall Big Boss Bharrat Jagdeo and his furious outburst to Justice Sandil Kissoon’s ruling in that Exxon coverage case. Note: for Exxon, not Guyana. A former head of state, a vice president most powerful, knows better, really ought to be more into, ah, self-management. But Guyanese watched in alarm as Justice Kissoon heard a mouthful.^[2] Nothing on the soothing, inspiring side. Separation of powers, who said so, still engages in doze lang time frivolities? If U.S. President Donald Trump doesn’t, why shouldn’t the PPP of Guyana take a page from their hero’s book?

Hence, judges in Guyana are skinned and scarred, almost routinely. What used to be off-limits in a more reasonable era is now fair game. When the decision of a judge isn’t liked, he gets both barrels. Justice Kissoon got his, got sent to Coventry. Then, it was Justice Gino Persaud’s turn.^[3] A successful GRA tax prosecutor elevated to High Court judge targeted and sapped. Suddenly, his knowledge of the law is flawed. Whither the independent judiciary, then? When the only good decision is one that’s good for the calculations and machinations of the PPP Govt. While that same government still talks about the rule of law. What a bottle of hogwash they imbibe daily, then spit out on Guyanese hourly!

It’s a rough time to be a judge in Guyana. Unless one is willing to play politics, and delivers winning judgements in line pursuant to the expectations of those who matter.

Now in Trinidad, Justice Jamadar is having his bell rung. The difference is notable: his woes cannot be sourced to a politician with too much power; or any such animal for that matter. His anxieties are from inside the august confines of the CCJ, and there’s only one way to express what’s happened, one word that captures his ordeal. Payback. Who’s boss, who’s boy. Who holds the whip hand? Who will not shirk from taking advantage of that strength, that power! Justice Jamadar’s trials are now beginning. His pursuers remind of those old-time Wall Street warlords. Chairman, President, and CEO all in one. As in Guyana’s judiciary (Kissoon and Persaud), so at the CCJ: who dares to stand against the masters? Who is so bold, so honest, to deliver reasoning that flies in the face of expectations, the wishes of controllers?

Cheap politics and cheaper (the cheapest) political operations, I can understand. But within the chambers of the judiciary, behind the robes of justices, that’s an unswallowable one. If the last bastion of the people, the judiciary loses its independence, goes subservient, then rogue, what’s left? It may be just as well for presidents, prime ministers, and vice presidents to don black robes, and sit in the chair of justice. Cut the charade. Discard the interpreters of the law (judges). Politicians become their own interpreters. Or recruit those who will do just that for them. Law and the dispensation of justice now rendered fools, impotent, and subject to every malevolent assault.

Isn’t this not what is happening now? America. Guyana. From reports, the CCJ inching that way. Kissoon. Persaud. Jamadar. Remember those names. They are the first wave.

Sincerely,
GHK Lall

References

Statement from the CCJ President - Caribbean Court of Justice — ccj.org ↩
Appeal Court overturns Justice Kissoon’s ruling on unlimited parent company guarantee for oil spill - Kaieteur News — kaieteurnewsonline.com ↩
High Court rules GRA acted unlawfully in Mohameds’ luxury vehicle tax dispute - Guyana Times — guyanatimesgy.com ↩

Statement from the CCJ President - Caribbean Court of Justice

ccj.org · 2026-08-14

Statement from the CCJ President – Caribbean Court of Justice # Statement from the CCJ President August 14, 2026 The President of the Caribbean Court of Justice, the Honourable Mr Justice Winston Anderson, has issued a statement on 14 August 2026. Access the full media release here: Statement from CCJ President – August 2026 134 Henry Street P. O. Box 1768 Port of Spain Republic of Trinidad and Tobago Tel: (868) 612-5225 (+18686125225) General information: info@ccj.org Website feedback: feedback@ccj.org

Appeal Court overturns Justice Kissoon’s ruling on unlimited parent company guarantee for oil spill - Kaieteur News

kaieteurnewsonline.com · 2026-05-08

(Kaieteur News) – Justice Sandil Kissoon’s 2023 ruling ordering American oil giant ExxonMobil to provide Guyana with an unlimited parent guarantee for oil spills, was on Thursday unanimously overturned by the justices at the Guyana Court of Appeal. The Court also overturned Justice Kissoon’s Order that the Environmental Permit issued to Exxon be suspended until the company provided the unlimited guarantee. ... The landmark ruling by Justice Kissoon was issued on May 3, 2023. Citizens, Frederick Collins and Godfrey Whyte had taken the Environmental Protection Agency (EPA) to court to enforce a critical clause in the Liza Phase One renewed environmental permit issued to Exxon subsidiary, ExxonMobil Guyana Limited (EMGL). They were successful in getting the court to declare that EMGL was not in compliance with the insurance provisions of its Liza Phase One Permit, which requires an unlimited parent guarantee for oil spills in the Stabroek Block. However, the Court of Appeal, comprising Justices of Appeal Dawn Gregory, Nareshwar Harnanan and Priya Sewnarine- Beharry, held that Justice Kissoon fell into error when he held that Exxon’s liability under the Environmental Permit was unlimited in nature. The justices further ruled that neither the Environmental Permit nor the Environmental Protection Agency Act made any provision or referred to an unlimited guarantee and that Justice Kissoon erred in seeking to substitute his own discretion and decision for that of the EPA. ... In this Appeal, the Attorney General sought to intervene in order to advance the legal position of the State inclusive of the State’s contractual obligations under the Agreement with Exxon but the Court of Appeal refused the application to intervene which resulted in an appeal to the Caribbean Court of Justice. The CCJ agreed with the position that the Attorney General is the protector of the public’s interest and therefore must be heard for and on behalf of the State in a matter of such national importance. ... was required, ... and the effect of failure to provide such ... Further to that, it was ... which Parliament has ... of the EPA, the ... and the Permit Holder to determine ... In the High Court, EPA had argued that the country is poised to receive a US$2B parent guarantee from Exxon. But Justice Kissoon had said that even then, EMGL would still be in breach of its permit obligations. Justice Kissoon had categorically stated that the Liza Phase One Permit carries a confluence of measures, specifically at Condition 14 which stipulates and imposes full, complete and unlimited liability upon the Permit Holder for any discharge of any contaminant into the environment and for all costs of clean up, restoration and any damages all of which constitute legitimate liabilities under the Permit. He reasoned that the norm or standard in relation to activities of this nature has been and continues to be that the Permit Holder is exclusively and solely responsible for all such liabilities arising from its operations without limitation or exception. Justice Kissoon cited Condition 14 of the permit titled Financial Assurance and Liability for Pollution Damage provides at: 14:1, outlining that the Permit Holder is liable for all costs associated with clean up, restoration and compensation for any damages caused by a discharge or any contaminant including the cost of all investigations into pollution incidents or discharge of contaminants conducted at the instance of the Agency. “Condition 14:01 does not contain any word or term of limitation upon liability, quantum of costs, quantum of damages nor restrictions on the circumstances of release or discharge nor on containment nor restriction on the sphere of adverse effects caused directly or indirectly,” the judge ruled, adding that the unlimited liability which is exclusively that of EMGL, is by no means unusual in any sense.

Source

It’s a bad time for judges in Kiskadee Watch, October 15, 2026

High Court rules GRA acted unlawfully in Mohameds’ luxury vehicle tax dispute - Guyana Times

guyanatimesgy.com · 2026-07-03

High Court rules GRA acted unlawfully in Mohameds’ luxury vehicle tax dispute - Guyana Times # High Court rules GRA acted unlawfully in Mohameds’ luxury vehicle tax dispute July 3, 2026 #### High Court Judge Gino Persaud on Thursday ruled that the Guyana Revenue Authority (GRA) acted unlawfully, unreasonably, and beyond the powers granted to it under the Customs Act in the case regarding alleged taxes owed by the Mohameds pertaining to the importation of a Ferrari and a Rolls-Royce. As such, he restrained the agency from taking enforcement action over the two luxury vehicles at the centre of the dispute. The cases stemmed from judicial review proceedings filed by Hana Mohamed and Bibi Mohamed, following the revocation of previously granted tax exemptions and the imposition of substantial additional tax liabilities, along with demands that the vehicles be surrendered. In the case of Hana Mohamed, the dispute centred on a 2023 Rolls-Royce Cullinan. The Court found that the GRA had acted outside its legal authority by attaching restrictive conditions to the vehicle’s tax exemption. These conditions required that the vehicle be used solely as her primary means of transportation and that she reports to GRA every six months with documentation, including registration, insurance, and a certificate of fitness. Justice Persaud ruled that such requirements were not authorised under the Customs Act and were arbitrary, unfair, unreasonable, irrational, and ultra vires. As a result, the Court quashed the GRA’s decision to impose approximately $320,064,242 in additional taxes, set aside the requirement for the vehicle to be surrendered to the Revenue Authority’s Law Enforcement and Investigative Division, and overturned the revocation of the tax exemption letter. The court further granted a permanent injunction preventing the GRA from seizing or detaining the Rolls-Royce Cullinan, initiating forfeiture proceedings, or taking any steps to recover the disputed taxes arising from its March 26, 2025, decision. A separate ruling addressed the case of a 2020 Ferrari 488 owned by Bibi Mohamed. In that matter, the Court similarly quashed the GRA’s decision to impose $479,743,489 in additional taxes and nullified its demand that the vehicle be surrendered. The Court also set aside the revocation of tax exemption letters issued in July 2022 and January 2023. However, unlike the Rolls-Royce case, the Court remitted one issue for further consideration by the Commissioner General of the GRA. This concerned whether Bibi Mohamed’s temporary absences from Guyana had been properly assessed. Justice Persaud found that the Commissioner General had failed to properly exercise discretion in evaluating her explanations and directed that any fresh determination must be made lawfully and fairly. However, the Court issued a permanent injunction preventing the GRA from seizing or detaining the Ferrari or pursuing forfeiture proceedings based on the disputed assessment while the matter is reconsidered. In both cases, the Court ordered the GRA to pay $750,000 in costs to each applicant, to be settled by August 13, 2026. The Mohameds were represented by Attorneys Siand Dhurjon and Damien DaSilva.