A massive row has broken out in Guyana between attorneys representing the governing People’s Progressive Party (PPP) and the main opposition APNU-AFC coalition after authorities took the highly unusual step of sending a mid-ranking police officer to Brooklyn to serve a Guyana court summons on well known Guyanese and Caribbean political activists Rickford Burke in the past week.
Burke, who has for years been a thorn in the side of the PPP as a fierce opposition critic, is wanted in Guyana on slew of politically questionable charges ranging from exciting hostility or ill will on racial grounds, sedition, seditious libel and inciting public terror among other indictments, said he was confronted at his Maple Street home by the Guyanese police officer and American process server Mark Wesserman and handed the summons to appear in a Guyanese court in late March of next year.
The fact that authorities had sent the officer to serve the summons on Burke’s home has sent shockwaves among the legal and political fraternity with charges of extra territorial outreach being labeled against the Irfaan Ali government.
“The laws of Guyana do not apply in the US. No police officer from Guyana has the legal authority to trespass on any property or dwelling in the US,” Burke said in a statement this week. “Given the exceedingly high level of corruption and an outrageous number of extrajudicial killings by Guyana police force officers, Guyanese in the US should be on high alert and be prepared to engage in self-defense should this situation arise,” he said.
On this he has the backing of senior attorney and opposition lawmaker Roysdale Forde as he argues that the Guyanese police and legal system have no authority to serve a summons on anyone living outside of the jurisdiction. “The jurisdictional extent of the courts of Guyana and the force’s authority to act in any manner is defined by the geographical limit of Guyana unless specifically and expressly conferred by law. There is absolutely no legal authority conferred on the magistrate’s court to order service of a defendant’s summons outside of Guyana and the force to serve a summons outside of Guyana. Therefore, the conduct of the force is utterly unconstitutional, void and of no legal validity,” he contended.
Representing government, Attorney and fellow lawmaker Sanjeev Datadin refutes the argument that Guyanese courts and police have no jurisdiction, saying that “a summons can be served on anyone, anywhere since it is to satisfy the court that the defendant is aware of the proceedings and is given the opportunity to be heard. The defendant can refuse to participate and defend his case but then risks consequences which he may not like, including affecting his options on appeal. If a conviction results that can be enforced in accordance with law,” Datadin argued in a counter statement on the issue. It is baffling that those who wish to shout accusations about all and sundry on social media and elsewhere do not want to defend what they have said. Freedom is not free. Free speech is protected once it does not breach the laws and constitution of Guyana.”
In recent years, Burke has organized a series of successful public opposition rallies in New York against the Indo-dominated PPP, accusing it of wanton racism against Guyanese of African origin, widespread corruption and nepotism among a slew of other charges. House Minority Leader Hakeem Jeffries has appeared at Burke’s rallies and has spoken out against the accusations.
