Lawyers must be independent from political interference
October 26, 2011 | By KNews | Filed Under News
- Bar Association President
Three days after President Bharrat Jagdeo made certain derogatory statements about prominent lawyer Nigel Hughes, President of the Bar Association Timothy Jonas, has spoken out about the incident.
According to Jonas, the President was reported to have accused Mr Nigel Hughes, Attorney-at-Law, of practicing race politics.
“He is reported to have declared that Mr Hughes will not receive the award of silk while he or Mr Ramotar are in power, since he represents ‘on permanent retainer’ in the course of his practice drug dealers,” Jonas said
The president said that the Bar Association expresses no comment, since we are not a political entity.
Accusations and counter-accusations of racism have always been an ugly element of politics in Guyana, and must be fought, and hopefully eventually eliminated, among the politicians.
In respect of the latter declaration imputed to the President, Jonas said that he hoped that the report of that statement in the media is inaccurate.
“The legal community including lawyers at the Bar and judges at the Bench must be independent from political interference,” Jonas stressed
He said that it was the courts which protect individual liberties against abuses by those in political power.
To effectively give that protection, Jonas noted that the legal community cannot be subject to political control, including the promise of favours or the threat of withholding those favours.
“Unfortunately, the president said that the history of Guyana is replete with instances of political interference with our legal community. President Burnham was accused on many occasions of offering awards and other perks to judges who were friendly to his whims.
His own disagreement with the Bar had the result that lawyers eminently eligible for the appointment of silk were passed over for many years, an omission which continued until his death, when his successor, President Hoyte, corrected that injustice.
It is to be hoped that any exercise of a discretion vested in a political authority to confer an honour on Mr Hughes as an Attorney-at-Law is carried out on the proper basis of the quality of Mr Hughes’ work in his profession and the opinion held of him by the Judges in Court and his colleagues at Bar.”
“Insofar as the charge directed at Mr. Hughes is that he represents drug dealers, the Association is somewhat taken aback that this is presented as a reason for criticism. Counsel at the Bar has an obligation to represent his client to the best of his ability.
His oath of office requires this, and to do any less is an act of misconduct. The worst drug dealer or murderer has a constitutional right to legal representation in Court. If Mr Hughes represents drug dealers, murderers or rapists, it is the expectation of the Bar Association that he will represent those persons to the best of his ability. If he meets that expectation, and his capable representation of a drug dealer is the reason relied upon for withholding an award from Mr. Hughes, then an injustice will have been done.”
October 26, 2011 | By KNews | Filed Under News
- Bar Association President
Three days after President Bharrat Jagdeo made certain derogatory statements about prominent lawyer Nigel Hughes, President of the Bar Association Timothy Jonas, has spoken out about the incident.
According to Jonas, the President was reported to have accused Mr Nigel Hughes, Attorney-at-Law, of practicing race politics.
“He is reported to have declared that Mr Hughes will not receive the award of silk while he or Mr Ramotar are in power, since he represents ‘on permanent retainer’ in the course of his practice drug dealers,” Jonas said
The president said that the Bar Association expresses no comment, since we are not a political entity.
Accusations and counter-accusations of racism have always been an ugly element of politics in Guyana, and must be fought, and hopefully eventually eliminated, among the politicians.
In respect of the latter declaration imputed to the President, Jonas said that he hoped that the report of that statement in the media is inaccurate.
“The legal community including lawyers at the Bar and judges at the Bench must be independent from political interference,” Jonas stressed
He said that it was the courts which protect individual liberties against abuses by those in political power.
To effectively give that protection, Jonas noted that the legal community cannot be subject to political control, including the promise of favours or the threat of withholding those favours.
“Unfortunately, the president said that the history of Guyana is replete with instances of political interference with our legal community. President Burnham was accused on many occasions of offering awards and other perks to judges who were friendly to his whims.
His own disagreement with the Bar had the result that lawyers eminently eligible for the appointment of silk were passed over for many years, an omission which continued until his death, when his successor, President Hoyte, corrected that injustice.
It is to be hoped that any exercise of a discretion vested in a political authority to confer an honour on Mr Hughes as an Attorney-at-Law is carried out on the proper basis of the quality of Mr Hughes’ work in his profession and the opinion held of him by the Judges in Court and his colleagues at Bar.”
“Insofar as the charge directed at Mr. Hughes is that he represents drug dealers, the Association is somewhat taken aback that this is presented as a reason for criticism. Counsel at the Bar has an obligation to represent his client to the best of his ability.
His oath of office requires this, and to do any less is an act of misconduct. The worst drug dealer or murderer has a constitutional right to legal representation in Court. If Mr Hughes represents drug dealers, murderers or rapists, it is the expectation of the Bar Association that he will represent those persons to the best of his ability. If he meets that expectation, and his capable representation of a drug dealer is the reason relied upon for withholding an award from Mr. Hughes, then an injustice will have been done.”