In a landmark ruling today, Acting Chief Justice Roxane George declared the charge of criminal libel unconstitutional, dismissing a case brought against overseas-based Guyanese human rights and political activist Rickford Burke by the Police.
Justice George also criticized the Police’s attempt to have an officer travel to the United States to serve a summons on Mr. Burke, labeling this action as unlawful. She ruled that Section 113 of the Criminal Offenses Act, Chapter 801, violates Article 146, which guarantees freedom of expression in Guyana.
The Acting Chief Justice stated that the threat of state action through criminal law constitutes an overreach and does not fit within the exceptions to Article 146. “If someone feels aggrieved by what has been said about them, they may file a civil suit,” she explained, emphasizing that it should not fall upon the state to impose criminal charges for defamation.
In her analysis, Justice George pointed out that the charges against Mr. Burke were vague, failing to specify the defamatory statements allegedly made. “An accused must know precisely what words are being attributed to them that led to the charge,” she said.
The court found that the charges did not disclose what specific defamatory language was used, and the summons presented by Police Officer Sarabo lacked clarity regarding the legal basis for the charges. Justice George noted the peculiar nature of accusing Burke of a crime in Lusignan, Guyana, when he has resided in the United States for 27 years without returning.
She highlighted that if the Magistrate had been informed of Burke’s residency status, she likely would not have issued the summons. Furthermore, Justice George ruled that serving a summons outside Guyana’s jurisdiction renders it unlawful and invalid.
The Acting Chief Justice questioned whether the Director of Public Prosecutions had been consulted regarding the case. She concluded by awarding costs to Mr. Burke, amounting to $500,000 from each of the named respondents involved in the matter.
The charges against Burke were initiated following a complaint by Afras Mohammed, the owner of BM Soat Auto Sales, related to statements Burke allegedly made on his social media about disgruntled customers of the car dealership. Mr. Burke was represented by Senior Counsel Roysdale Forde during the proceedings.
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