GUYANA - The Guyana Bar Association said it has noted with concern the recent increase in unjustified public criticism of judicial officers (magistrates and judges) over their decision to grant or refuse bail.
The bar association’s concern follows a press release by the Guyana Police Force (GPF) criticising Chief Magistrate (ag) Faith McGusty, for granting bail to a defendant accused of throwing acid on two women.
In a release issued last Monday, the association said while it 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 Bar Association stated. The association explained further that 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.
As such, the council urged 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.” Last week, Magistrate Faith McGusty publicly condemned what she described as “inaccurate and misleading” comments by the Guyana Police Force (GPF) following her decision to grant bail to Keron Daniels, a suspect accused of dousing two women with acid earlier this month.
Magistrate McGusty said she felt compelled to take time out of her court schedule to correct what she termed false claims. She expressed surprise that the police force acted on what appeared to be incorrect information and emphasised that many of the assertions made in their statement were never raised in her courtroom. To prevent future misrepresentations, McGusty announced that henceforth all proceedings in her court will be recorded, placing special emphasis on prosecutions statement. She stressed that prosecutors must ensure that the information they present in the public reflects accurately what transpired in court. (Kaieteur News)
