Where is the court’s reasoning?

Dear Editor,

It is sad to see that we live in a country where everyone should be treated equally under the law, but the law has become a one-sided system. It has become a law for only a few and has been abused by some (meaning those who are supposed to uphold the law by being its enforcers).

Let me extend my sympathies to the bereaved family and to all the families out there who have lost their loved ones due to road accidents.

Yesterday, I know it shocked the nation when the public was made aware of Dr Ramayya’s remand by a sitting magistrate in Berbice. Last night, I listened to a video in which the Hon. Attorney General himself described Dr Ramayya for who he is: a former MP, a doctor, a former REO, a prominent political activist, a man with no criminal record, a simple person, a community-minded individual, and many other good words that best describe him.

However, I did not hear the AG say anything about the remand itself, except to compare it to the remand of the Opposition Leader.

The AG even said he did not hear anyone speak about or protest Dr Ramayya’s remand. Mr AG, we all know that these are two different matters that we are dealing with.

I saw and heard people making comments about the remand. I even read where it was condemned because, in matters of that nature, bail is sometimes granted. Take, for example, the Policewoman who knocked down and killed a young man on the East Coast and was granted bail on her first appearance in court.^[1] There are many other matters of a similar nature where people were granted bail.

In Dr Ramayya’s case, I never heard the Police say that he was driving under the influence at the time of the accident. A breathalyser test was conducted on him just after the accident.

Dr Ramayya, being a prominent and well-known Guyanese, both here in Guyana and in the diaspora, should have been treated with some form of decency by the law, especially when the court heard about his medical condition. The magistrate remanded him after learning about his travel arrangements, which Dr Ramayya did not deny. However, he told the court that he planned to travel for his medical check-up. Dr Ramayya pleaded with the magistrate, explaining his medical history and what he is currently going through.

At that point, the court should have taken into consideration the man’s age, his character and, more importantly, the fact that he had never had a criminal record.

The magistrate could have granted him bail with conditions, including lodging his travel documents, including his passport, with the court, reporting to the Police station at least once a week, and ordering the Police to inform the Immigration Department.

But no! Instead of ensuring that the law was applied equally, he was remanded based on the prosecution’s arguments.

That Policewoman and many others appeared in court and were granted bail, but Dr Ramayya could not get bail because the prosecutor objected. Where is the court’s reasoning?

In Guyana’s courts, prosecutors can object to almost anything to have persons remanded, sometimes to make a name for themselves, and we know what else sometimes (the passing of the bread).

The law must apply equally to everyone, not just some. Justice must never be selective, and the scales of justice must never be tilted in favour of the powerful while being weighed heavily against the ordinary citizen.

We cannot continue to live in a country where some people appear to be above the law while others are made to feel its full weight. We see alleged rapists walking free. We see the law being bent for people with connections. We see cases involving wife abusers where sentences are handed down but subsequently suspended, allowing those individuals to walk free. We see drug dealers being caught with evidence against them, yet somehow they still manage to walk free. These are serious concerns that must not be ignored.

Equal justice is not a privilege to be granted to a chosen few; it is a fundamental right that belongs to every citizen.

The Constitution of Guyana guarantees equality before the law and equal protection under the law. These principles must not remain mere words written in our Constitution. They must be reflected in every Police investigation, every prosecutorial decision and every ruling handed down by our courts.

A person’s political affiliation must not determine how the law treats them. Their wealth, influence, connections or social standing must not determine whether they receive bail or face remand. Neither should public pressure or political considerations influence the administration of justice. Every accused person deserves to be treated fairly, and every decision must be guided by the law, the evidence and the principles of justice.

Let me make it clear: I am not asking for special treatment for Dr Ramayya, nor am I suggesting that anyone should be above the law. I am demanding the very opposite. I am asking that the same standards, consideration and principles applied to one person be applied to another in similar circumstances. If bail can be granted to one person, then another person in comparable circumstances must receive the same fair consideration. If there are legitimate reasons to refuse bail, those reasons must be properly explained and supported by the law.

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References

1. Woman Police Corporal granted $500,000 bail for causing death ...newssourcegy.com ↩