By Michael Younge –
The National Assembly has finally corrected a grave injustice that was meted out to scores of Guyanese by a piece of legislation that sought to deny them the right of appealing matters that arise out of criminal matters or causes at the Court of Appeal level.
Last Thursday, the House unanimously supported amendments tabled in the name of Legal Affairs Minister Anil Nandlall, which proposed two fundamental changes to the Court of Appeal Act and the High Court Act.
The amendments were made to Sub- section Five (A) which would now see an appeal being made in any criminal cause or matter at the commencement, during or at the conclusion of the said criminal cause or matter. It also provides the opportunity of appeal before the institution of a charge in respect of a criminal cause or matter to prevent the commencement of the criminal cause or matter.
Nandlall, addressing the House, argued that the amendments, though simple, had far-reaching implications for the judicial system. He advised that they would correct a glaring and major flaw in the legislation that saw scores of Guyanese being denied the right to appeal criminal matters at the level of the Court of Appeal.
“These two provisions in the law, combined together, had denied a right to appeal in a whole category of cases,” Nandlall said, explaining that in the inconsistency existed for some time in the judicial system.
Nandlall also noted that the existing law is a very old and antiquated one which has been on the books since the Guyana Court of Appeal was established just after independence.
The law had its genesis in the 1873 legislation in England, which has since changed its position on that particular law.
In the Caribbean, almost every country that had the same prohibition has removed it.
He noted that government was interested in ensuring the smooth functioning of the judiciary and the effectiveness of the system which would be founded on good legislation.
Underscoring the importance of the amendments, Nandlall reminded the National Assembly of the case of the late ex- Police Commissioner Henry Greene whom the Director of Public Prosecutions had recommended charges to be filed against for rape. The former commissioner had soon after challenged the DPP in the High Court which upheld his contention. Nandlall explained that even though the DPP wanted to appeal the High Court’s ruling, she could not as a result of the extant legislation, which is now being amended.
