Judge recalls directive on Dr Hussein
by Wendella Davidson
JUSTICE CARL Singh has recalled a directive for legal action to be instituted against former Guyana Public Service Union (GPSU) Executive Dr Anwar Hussein. Announcing his decision yesterday when hearings of the Commission of Inquiry resumed at the Public Service Commission building, Brickdam, Georgetown, Justice Singh proffered three reasons for his new course of action. And in a word of advice to Dr Hussein, Justice Singh urged that he "show respect for the law" and to bear in mind a famous statement "Be ye ever so high, the law is above you." The Judge reminded Dr Hussein that the processes of Courts and tribunals such as the Commission of Inquiry are not to be taken lightly. The Commission of Inquiry was ordered by then President Mrs Janet Jagan to investigate incidents of violence during the recent 55-day Guyana Public Service Union (GPSU) pay strike. On Tuesday last, Justice Singh invoked the provisions of Section `M' of the Commission of Inquiry Act and directed Director of Public Prosecutions (DPP) Denis Hanomansingh, to commence prosecution against Dr Hussein for refusing, without sufficient cause, to adhere to a subpoena which ordered him to appear before the Commission. On Friday, Dr Hussein made an appearance at the Commission's hearings accompanied by Senior Counsel, Mr Rex McKay in association with former Acting DPP, Mr Ian Chang and former Solicitor General Mr Fitz Peters. Yesterday, in response to the representations made by McKay on Hussein's behalf, Justice Singh said he disagreed "entirely" with the Senior Counsel's views on the issue. According to Judge Singh, he is satisfied that Hussein was served with the subpoena and knew that he was required to appear before the Commission. He pointed out that he (Hussein) himself said so. The Judge spoke too of seeing clips on television last Friday which showed "some old women laying hands on him (Hussein) and praying for him just outside on the street, and then he (Hussein) admitted on TV (television) that he had received the subpoena." Continuing the Judge said both Dr Hussein and his lawyer Mr Ian Chang have extended a "grave discourtesy" to the Commission, "the latter by simply leaving Hussein's medical report with the Secretary to the Commission before the sitting of the day commenced and, without waiting to make some representation to me on his client's behalf." Had Mr Chang demonstrated the courtesy expected of him, the argument that Hussein had not been heard might not have been raised, Justice Singh added. Alluding to his reasons for recalling the order to institute action against the physician, Justice Singh said he conducted investigations to determine whether or not Dr Hussein personally was served the subpoena. The Judge said he found that he (Justice Singh) was misled in that regard by the Police witness. But he drew attention to the fact that the issue is not about the validity and service of the subpoena, but rather the way the Commission was misled by the witness. He revealed that the Police are taking the necessary action regarding that matter. Justice Singh said he also considered that Dr Hussein has put himself before the Commission, and the assurance by Senior Counsel McKay, "though with some difficulty", that Dr Hussein intended no disrespect to the Commission and that he was not malingering. Referring to McKay's representation regarding the serving on Hussein of statements by witnesses which implicate him, Justice Singh said "I will have served on Dr Hussein a statement which makes him aware of evidence given before me and which by its nature, would cause me to invite him to comment upon or contradict it, and I would give him an opportunity to do so." Remarking that the statement will be ready for service at 11:00 hours today, Justice Singh asked Dr Hussein where he could be located at that time. To this Dr Hussein replied that he would be either at the Outpatients Unit of the Georgetown Hospital or at his home, Lot 9 Non Pariel, East Coast Demerara (ECD). A crowd of Hussein's supporters, though much smaller than that of Friday, was on hand yesterday to hear the Judge's ruling. Meanwhile, Justice Singh publicly thanked Senior Counsel McKay for the `reference material' which he had presented to the Court on Friday, in support of his representation of Hussein. According to the Judge, the material was "very helpful and informative".
|