GUYANA | Rickford Burke Sues Guyana Government for ilegally serving him a summons in New York

GEORGETOWN, Guyana, March 22, 2024 - New York based Guyanese political activist Rickford Burke, has filed an action in the Guyana Supreme Court, suing the Attorney General Anil, Nandlall, for illegally sending a Guyana police officer to serve him an illegal summons at his home in New York. 

The suit filed in the Supreme court on Friday by Senior Counsel Roysdale Forde, Dawn Holder Cush and Sasha King, are seeking the following declarations:

(a)   A Declaration that there is no authority conferred on any Officer of the Guyana Police Force to effect service of a Defendant’s Summons issued by a Magistrate under the Summary Jurisdiction Procedure Act Cap 10:02 on a Defendant resident abroad and outside the Jurisdiction of Guyana.

(b)   A Declaration that the process of a Magistrate whether exercising Civil or Criminal Jurisdiction under the Summary Jurisdiction Magistrates Act Cap. 3:05 is restricted by Section 68 (1) of the aforesaid Act to the geographic limits of Guyana.

(c)   A Declaration that under the Constitutional framework as set out under the Constitution of Guyana, the defamation of a private person by another person cannot be regarded as a criminal offence.

(d)   A Declaration that resort to Criminal Defamation to protect individual reputation is unnecessary, disproportionate, excessive and not reasonably justified and or required to protect reputations, rights and freedoms of other persons and thereby unconstitutional.

(e)   A Declaration that the offence of Defamatory Libel either at Common Law or as set out in Criminal Law Offence Act is inconsistent with the Freedom of Expression as guaranteed by the Constitution of Guyana.

(f)        A Declaration that the offence of Defamatory Libel either at Common Law or as set out in the Common Law Offence Act Cap 8:01 is an unjustified and unrequired restriction of the Freedom of Expression which is the cornerstone of the principles of democracy, rule of law, accountability, transparency and good governance.

(g)   An Order quashing the Summons to Defendant upon Compliant or Information under the Summary Jurisdiction Procedure Act Cap. 10:02 dated the 9th day of November, 2023, to the Applicant, Rickford Burke issued by Her Worship, The Magistrate Fabayo Azore in respect of each of the offences:

(a)   Conspiracy with other persons to publish defamatory libel with a view to extort money as set out in Case Jacket No. 3288 of 2023; and

(b)   Conspiracy with other persons to offer to abstain from publishing defamatory libel with a view to extort money as set out in Case Jacket No. 3289 of 2023;

on the ground and for the reason that the said Summons upon Compliant or Information under the Summary Jurisdiction Procedure Act Cap. 10:02 to the Applicant, Rickford Burke are nullities, bad in law and of no legal effect as made without and in excess of Jurisdiction as the said offences are not Summary Conviction offences and or Summary Jurisdiction offences.

An Order quashing the purported service of the Summons to Defendant upon Compliant or Information under the Summary Jurisdiction Procedure Act Cap. 10:02 dated the 9th day of November, 2023, to the Applicant, Rickford Burke issued by Her Worship, The Magistrate Fabayo Azore in respect of each of the offences:

(a)   Conspiracy with other persons to publish defamatory libel with a view to extort money as set out in Case Jacket No. 3288 of 2023; and

(b)   Conspiracy with other persons to offer to abstain from publishing defamatory libel with a view to extort money as set out in Case Jacket No. 3289 of 2023;

on the ground and for the reason that the said Summons upon Compliant or Information under the Summary Jurisdiction Procedure Act Cap. 10:02 dated the 9th day of November, 2023, to the Applicant, Rickford Burke are nullities, without and in excess of Jurisdiction, bad in law and of no legal effect;

(b)   Such further or other Order as this Honourable Court may deem just.

(c)   Costs.

In what the Village Voice News called "a startling abuse of international norms and a blatant disregard for the sanctity of free speech, the Guyana government attempted to serve a summons in the United States against U.S. citizen Rickford Burke, who is also the President of the Caribbean Guyana Institute for Democracy (CGID), and a thorn in the side of the government."

The Village Voice said the action represented "a concerning escalation in the government’s efforts to silence dissent."

"The Guyana Police Force’s issuance of a Wanted Bulletin and subsequent serving of a Defendant Summons on U.S. soil to Mr. Burke, for charges ranging from racial hostility to sedition and inciting public terror, is not just an overreach; it’s a dangerous precedent, Village Voice News said.

"This move to serve Burke, who has been an aggressive critic of the government’s alleged racial discrimination, smacks of extrajudicial interference and a disturbing attempt to extend Guyana’s legal reach into sovereign U.S. territory, the publication pointed out.

Burke, a vocal advocate for racial equality and justice, has utilized platforms like his Facebook page to criticize the Guyanese government.

The response from the Guyanese authorities is not just an attack on Burke but an attack on the very principles of free speech and democratic dissent.

The actions of the Guyana Police Force, notably sending an officer to the United States to serve these summons, are not only legally questionable but also diplomatically inappropriate, the Village Voice warned.

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