Hussein denies saying `let the people die'
-saw no aggression by strikers outside Finance Ministry


Stabroek News
September 28, 1999

GPSU official Dr Anwar Hussein yesterday took the stand before the Commission of Enquiry into incidents during the public service strike and denied uttering a statement at the Georgetown Hospital that said in part "let the people die".

Under cross-examination by Bernard De Santos, SC who is representing the police in this enquiry, Hussein denied telling hospital staff "Let the people die and the Government suffer the consequences".

Hussein, the First Vice President of the Guyana Public Service Union (GPSU), also said that on no occasion during the 55-day-long strike had he seen people being aggressive to Police outside of the Ministry of Finance.

His denials flowed from testimony given before the Commission by previous witnesses which, in the words of Commissioner, Justice Carl Singh tended to "implicate or incriminate him or subject him to public criticism".

As a result, Hussein had been summoned to comment upon or contradict this evidence and had eventually made an appearance after Justice Singh had threatened to prosecute him.

Before yesterday's testimony at the Public Service Appellate Tribunal on Brickdam, Hussein's counsel, Rex McKay, SC had indicated that his client would be exercising his right not to incriminate himself. That right is provided for under Section 12 (3) of the Commission of Enquiry Act.

When placed on the stand by McKay yesterday, Hussein restated this position, adding that he did not wish to wish to respond to any of the particulars set out in a document which the Commission had had served on him.

This prompted Counsel to the Commission, Mortimer Cumberbatch to decline to examine him. In declining, the attorney noted that he would have liked to question Hussein but given his position, that would have been an "exercise in futility".

De Santos however pointed out to the Commissioner that it was his understanding of the law that a witness could not simply refuse to answer questions under Section 12.

De Santos contended that instead a witness should explain his position, given that it was the answer which would tend to incriminate someone rather that the question itself.

Justice Singh acknowledged the validity of this argument and pointed out to McKay that case law provided that if it came to the awareness of the court that the answer tends to incriminate a witness, then the Court can give him latitude to judge the effect of answering.

Further, the judge quoted that the court must see from the circumstances of the case and the nature of the evidence before it whether there is reasonable ground to apprehend that the witness will be incriminated were he compelled to answer.

De Santos then went on to question Hussein, over the strong objections of McKay who did not interpret the law in the same way.

The senior counsel's cross-examination took Hussein to June 10 outside the Ministry of Finance, a date on which previous Commission witnesses have alleged that a grenade was thrown at police officers.

The Commission had also heard that on that day, Hussein had exhorted a crowd in confrontation with the police to rub salt and lime on their knives and stab policemen.

For his part, Hussein told the court that during the strike which started on April 29, he had stopped outside the Ministry of Finance on more than one occasion.

Questioned about June 10, Hussein said he might have been there but noted that he did not remember specifically being there on that day.

He also denied ever having witnessed any crowds in confrontation with the police outside the Ministry.

When De Santos sought to delve into more specific questions about June 10, McKay objected, noting that his client had already said that he could not remember the specific day.

To this, De Santos responded that he was entitled to jog Hussein's memory.

After securing the required leave from the Judge, the lawyer then asked Hussein whether he had ever been in the presence of (President of the GPSU) Patrick Yarde outside of the Finance Ministry during the strike.

Hussein said that he had been with Yarde on three occasions and that on these occasions, other people had been assembled outside the Ministry.

Questioned by the judge as to how he would characterise the behaviour of these people, Hussein said that, when he was present, the crowds had been peaceful and quiet.

De Santos then steered Hussein's testimony towards the Supreme Court, asking the doctor whether he knew a Sita Ramlall.

A woman of that name who is Registrar of the Supreme Court registry has already testified before the Commission that Hussein verbally abused her during an incident at the Supreme Court compound.

At that time, Hussein was alleged to have been surrounded by a crowd of persons, some of whom later entered the registry behind Ramlall and manhandled her.

In answer to De Santos' question, Hussein yesterday said that he did not know Ramlall.

When De Santos asked him whether he had ever met the person who held the Office of Registrar of the Supreme Court, Hussein again responded in the negative.

He however conceded that he had entered the Supreme Court compound on more than one occasion during the strike in his capacity as an official of the union.

The GPSU official also recalled actually entering the bottom flat of the Supreme Court building but noted that it was to speak to persons in the Deeds Registry, in particular a Marshal Blackman.

The GPSU official then denied that at the time of his visit, which he testified may have been in early July, a crowd had accompanied him into the office.

The doctor then went on to explain that on April 29, when the strike started he had been busy checking at various institutions to let the workers know that they were on strike and to have them come out.

When De Santos questioned Hussein whether all the people had come out on strike, McKay objected, questioning the relevance of the question.

De Santos was eventually allowed to continue his examination whereupon he repeated the question and Hussein responded that he did not know.

Questioned about whether he had gone to the Supreme Court to coax those who had not gone out on strike, Hussein responded in the negative.

When De Santos suggested to Hussein that he might have become angry that all GPSU members had not come out in support of the strike, the doctor also responded in the negative.

The senior counsel then attempted to turn Hussein's testimony towards a specific incident at the Supreme Court but Justice Singh cut him off, directing Hussein not to answer the question.

Testimony then turned to the Georgetown Hospital with De Santos questioning Hussein whether he had ever had cause to be on New Market street outside of the hospital during the strike.

Like before, Hussein said that he had been there more than once and that he might have seen Dr Leslie Ramsammy, the Chairman of the Hospital's Interim Management Committee on these occasions. Questioned whether he had ever seen Ramsammy at the window of the Hospital while he (Hussein) was on New Market street, Hussein replied that he had seen several persons but could not recall whether Ramsammy had been among them.

He was however certain that he had never had an argument with Ramsammy nor had he ever alluded to any such argument during meetings he had had with the hospital staff and executives.

According to Hussein, he had had two such meetings, and that in these meetings, he had never talked about an argument nor had he said "let the people die....".

In response to a question from De Santos, Hussein reported that he did not think that his union could have mobilised several thousand people in front of the hospital.

Upon examination by McKay, Hussein disclosed that, apart from a notice he had received on September 13 with testimony of previous Commission witnesses attached, he had received no information from the Commission nor did he receive any notice.

The senior counsel ended his examination after which Justice Singh enquired whether Hussein, as an executive of the GPSU, was aware of a notice sent by the Commission to the GPSU executive on July 13 inviting the statements of interested persons.

Hussein professed to be unaware of this notice and Justice Singh concluded that part of the enquiry by having Hussein confirm that his union's official position had been that it would not be participating in the Enquiry.

The Commission will resume sitting tomorrow.

A © page from:
Guyana: Land of Six Peoples