Order to prosecute Hussein recalled -judge said he was misled by police witness Stabroek News September 14, 1999 Chairman of the Commission of Enquiry into incidents during the public service strike, Justice Carl Singh, yesterday formally recalled his directive to the Director of Public Prosecutions (DPP) to prosecute Dr Anwar Hussein for refusing to testify before the body. Justice Singh disclosed yesterday at the Public Service Appellate Tribunal on Brickdam, that an investigation had revealed that he was misled by a police witness on the question of whether Hussein was personally served with the subpoena requesting that he testify. The police are said to be dealing with that matter but the commissioner made it clear that the issue was not "as to the validity of the service of the subpoena but rather to the way the commission was misled by the witness." The judge's decision came three days after he had advised DPP, Denis Hanomansingh, to put on hold attempts to prosecute Hussein, the first vice-president of the Guyana Public Service Union (GPSU). This order had been made in response to legal submissions by Senior Counsel Rex McKay, who appeared before the commission on Friday to question the procedure under which the subpoena had been served on Hussein. Justice Singh said yesterday that he was satisfied that Hussein was served with the subpoena and knew that he was required to appear before the commission. Pointing out that Hussein himself had confirmed this, the commissioner said that he had observed Hussein on television on Friday and that the doctor had admitted to receiving the subpoena. Nevertheless, Justice Singh went on to concede to McKay's request that Hussein be served with a statement making him aware of previous evidence given before the commission. That statement is expected to be served on Hussein today and Justice Singh said, will "by its nature cause me to invite [Hussein] to comment upon, or contradict it, and I would give him an opportunity to do so." Giving another reason for recalling the directive, Justice Singh stated that he had taken into consideration that Hussein has now put himself before the commission. He said that he accepted, albeit with some difficulty, that Hussein "intended no disrespect to the commission and that he was not malingering." However, the judge said, both "Dr Hussein and his lawyer, Ian Chang, SC had extended a grave discourtesy to the commission." The latter, he said, had simply left Hussein's medical report, which purported to give medical reasons why Hussein could not testify last Monday, with Secretary of the Commission, Joy Persaud, before the sitting for that day commenced. Chang reportedly did not wait to make representations to Justice Singh on his client's behalf. According to Justice Singh, "had Mr Chang demonstrated the courtesy expected of him, the argument that Hussein had not been heard might not have been raised." In closing, Justice Singh cautioned Hussein to show respect for the law which he reminded him had long arms that could reach out to offenders everywhere. Noting that "the processes of courts and tribunals such as these are not to be taken lightly, the judge reminded the GPSU official of the famous quote "Be ye ever so high, the law is above you." He then said that the commission would resume hearings on Thursday by looking into the alleged forced entry by police ranks into the GPSU hall on June 15. The judge further directed that in the interim all persons, including Dr Hussein, with knowledge of the incident should make statements available to the secretary. The DPP was directed to attend to the securing of statements from the police. McKay informed Justice Singh that Hussein had no knowledge of the incident but that other persons, among them a woman who was allegedly threatened with a gun by a policemen, would be called. He then objected to a proposed scenario by Justice Singh where counsel to the Commission, Mortimer Cumberbatch would lead all such witnesses and the DPP would cross-examine. The senior counsel pointed out that charges were expected to flow from the commission and it was therefore not feasible that the DPP could press or withdraw charges after being allowed to cross-examine the witnesses. He made it clear that he was objecting simply about something which would not appear to be right and indicated that he would be laying arguments before Justice Singh to that effect. A © page from: Guyana: Land of Six Peoples