By Selwyn A. Pieters, B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Posted on June 1, 2015
Updated June 5, 2015
Updated June 12, 2015
Updated August 26, 2015
The Walter Rodney Commission of Inquiry has three Commissioners: Sir. Richard L. Cheltenham, K.A., Q.C., Ph.D – Chairman (Barbados); Mrs. Jacqueline Samuels-Brown, Q.C. (Jamaica) and Mr. Seenath Jairam, S.C. (Trinidad). The Commission’s mandate established by its terms of reference is:-
(i) To examine the facts and circumstances immediately prior, at the time of, and subsequent to, the death of Dr. Walter Rodney in order to determine, as far as possible, who or what was responsible for the explosion resulting in the death of Dr. Walter Rodney;
(ii) To inquire into the cause of the explosion in which Dr. Walter Rodney died, whether it was an act of terrorism, and if so, who were the perpetrators;
(iii) To specifically examine the role, if any, which the late Gregory Smith, Sergeant of the Guyana Defence Force, played in the death of Dr. Walter Rodney and if so, to inquire into who may have counselled, procured, aided and or abetted him to do so, including facilitating his departure from Guyana after Dr. Walter Rodney’s death;
(iv) To examine and report on the actions and activities of the State, such as, the Guyana Police Force, the Guyana Defence Force, the Guyana National Service, the Guyana People’s Militia and those who were in command and superintendence of these agencies, to determine whether they were tasked with the surveillance of and the carrying out of actions, and whether they did execute those tasks and carried out those actions against the Political Opposition, for the period 1st January, 1978 to 31st December, 1980;
(v) To examine, review and report on earlier investigations and enquiries done on and into the death of Dr. Walter Rodney.
The Commissioners, their Counsel and the Consultant
In Guyana there is a saying "mouth open story jump out." A thunderbolt was dropped with the revelation by Mr. Basil Williams, the Attorney General and Minister of Legal Affairs of the Republic of Guyana, of the costs of the Commission that for the most part was a calculated move by the PPP/C regime to boost its electoral fortunes by poisoning the minds of the Guyanese people on the L. F. S. Burnham governance of Guyana in the late 70's to mid-80's. The breakdown of salaries and disbursements are as follows:
The three commissioners to the Rodney Commission of Inquiry have so far been paid G$162,818,366 (US$789,561) for 66 days of hearings.
Sir Richard Cheltenham tops the list with payments totalling G$59,981,622 or US$289,766; Seenath Jairam was paid G$50,744,983 ($251,651) and Jacqueline Samuels Brown G$50,744,983 (US$245,144). This includes their airfares, departure taxes, per diems (US$2000 in the case of Cheltenham) and brief fees. The Brief Fees were included in an initial payout in February 2014: $17,393,514 to Cheltenham; $12,303,650 to Jairam and $9,898,613 to Brown. These three amounts included their per diems, airfares and departure taxes for the four day trip.
Two lawyers working on the case Glenn Hanoman and Nicola Pierre received salaries of G$500,000 per month while Latchmie Rahamat received G$300,000. Their three salaries combined did not equal that of Shaun Samaroo, who is classified as a consultant, but wrote articles posing as a journalist for the Guyana Chronicle. He has received to date G$16,887,324 (US$80,300) or G$1,511,100 (US$7,300) per month, paid in US dollars. Head of the COI’s Secretariat Hugh Denbow is being paid G$400,000 a month.
(Exclusive: Three Rodney Inquiry commissioners paid US$789,561 for 66 days of hearings <http://gtmosquito.com/mozzy-news/exclusive-three-rodney-inquiry-commissioners-paid-us789561-for-66-days-of-hearings/> June 02, 2015)
Having regard to the above, on June 01, 2015, I wrote to the Commission as follows:
What attracted my interest is "US$7,300 per month to a state-media operative for his coverage of each sitting of the inquiry." This is utterly ridiculous when the Commission did not even saw fit to reimburse Brian Clarke and I for our costs of showing up on numerous occasions only to have our witness, Lincoln Lewis, deferred.
I am not satisfied with the newspaper report and would like to see the entire breakdown of the cost of this tribunal.... I complained previous about Shaun Michael Samaroo's coverage of the Commission's proceedings RODNEY’S DEATH: AN ENIGMA BEING ANSWERED Special Report on the Rodney Commission of Inquiry by Shaun Michael Samaroo : Rohee testifies to Commission of X13 <http://guyanachronicle.com/rodneys-death-an-enigma-being-answered-special-report-on-the-rodney-commission-of-inquiry-by-shaun-michael-samaroo-rohee-testifies-to-commission-of-x13/> and if he was paid out of the Commission's budget this seriously gave rise to serious questions having regard to the failure of the Commission to address the concerns raised in my March 16, 2015 email. In fact, my email was ignored and the Commission of Inquiry was used by the PPP/C Presidential and other candidates to, without any basis, attack the APNU-AFC coalition....
Was the Walter Rodney Commission of Inquiry Politicized in the Quest to Target then Opposition Leader David Granger?
It took close to one year for the Commission to hear from a main witness Donald Rodney, who first appeared on January 30, 2015 and continued his evidence to March 23, 2015. His evidence was followed by another significant witness Anne Wagner, the sister of William Gregory Smith. Our witness, Lincoln Lewis was scheduled to provide evidence the week of March 23, 2015 for two days and his evidence was not reached due to the Rodney and Wagner witnesses.
The Commission has yet to reach other witnesses including Cecil Skip Roberts, Norman McLean, Rupert Roopnarine, yet the misplaced focus on the election trail of the PPP/C candidates are on Opposition Leader and APNU-AFC Presidential Candidate Brigadier David Granger. They claimed that he has not made himself available to the Commission. Of course, the process of witness participation is voluntary and the Commission Secretariat has done a poor job of scheduling witnesses including our witness, who has voluntarily agreed to provide evidence to the Commission.
On March 16, 2015, I complained to the Commissioners about Shaun Michael Samaroo articles in the Guyana Chronicle. My email included the following content:
The revelations of the Commission's management of the public purse raised serious issues about transparency and the shameless exploitation of the public trust. An independent, impartial and quasi-judicial tribunal loses any strand of credibility and/or impartiality where, as here, it had a journalist on its payroll writing highly partisian and inflammatory articles.It took close to one year for the Commission to hear from a main witness Donald Rodney, who first appeared on January 30, 2015 and continued his evidence to March 23, 2015. His evidence was followed by another significant witness Anne Wagner, the sister of William Gregory Smith. Our witness, Lincoln Lewis was scheduled to provide evidence the week of March 23, 2015 for two days and his evidence was not reached due to the Rodney and Wagner witnesses.
The Commission has yet to reach other witnesses including Cecil Skip Roberts, Norman McLean, Rupert Roopnarine, yet the misplaced focus on the election trail of the PPP/C candidates are on Opposition Leader and APNU-AFC Presidential Candidate Brigadier David Granger. They claimed that he has not made himself available to the Commission. Of course, the process of witness participation is voluntary and the Commission Secretariat has done a poor job of scheduling witnesses including our witness, who has voluntarily agreed to provide evidence to the Commission.
On March 16, 2015, I complained to the Commissioners about Shaun Michael Samaroo articles in the Guyana Chronicle. My email included the following content:
On another note, I applaud freedom of the press and "responsible journalism". However, the propaganda in the Guyana Chronicle leaves much to be desired and does politicized the Commission in an unacceptable way. Today's online publication in its headline section alone illustrates the point:
"Our nation stands perplexed and puzzled that Opposition Leader, Brigadier David Granger, adamantly refuses to participate in this process. One would expect, not only as a former top leader of the Guyana Defense Force (GDF), but also given his current leadership role in our nation, that Brigadier Granger would want to solve the Dr Rodney cold case and see the ghost of the past put to rest." <http://guyanachronicle.com/rodneys-death-an-enigma-being-answered-special-report-on-the-rodney-commission-of-inquiry-by-shaun-michael-samaroo-rohee-testifies-to-commission-of-x13/> retrieved on 2015-03-16
The Commission has yet to reach witnesses Lincoln Lewis, Cecil Skip Roberts, Norman McLean, Rupert Roopnarine. This process, unless Salmon Letters, were issued is voluntary. So it is unclear why the taxpayer funded papers is carrying the line that Granger "adamantly refuses to participate in this process." In a meaningful way Granger is present in through his counsel Basil Williams.
"But the Opposition Leader refuses to acknowledge the Commission’s integrity, and even said that if his coalition wins the May 11 national elections, he would terminate the Commission’s work." It was repeated to the Commission more than once that a Presidential Commission survives irrespective of who is the President of the Republic of Guyana. How then does the Guyana Chronicle get away with the irresponsibility of stating that the Commission folds if a new government assumes power?
"The Commission vindicates the role of the Working People’s Alliance (WPA), and is writing the admirable history of this political party in the making of modern Guyana." The Commission has made no findings and has written nothing in respect to the WPA or any other political party.
"The Opposition uses the excuse that the Government is using the Commission as political currency, to opt out of facing the evidence the Commission unearths." As a Canadian based lawyer of Guyanese origin reading this said view that the Commission is being used as "political currency", the process of examination, cross-examination, re-examination and other built in mechanism such as impartiality, integrity and other tennets of the quasi-judicial system makes that difficult, in the hearing process.
The fact that Shaun Michael Samaroo continues to serialize the Commission's work in a way that can forment racial divide and antagonism is simply unacceptable.
I have telegraphed my view very early as I intend to bring the various newspaper clippings to the hearing next week and have them addressed.
The witnesses up to the final moment of the Commission's hearing remains to be seen. However, purported blackmail of potential and/or prospective witnesses through unfounded and untested allegations splashed across the national newspapers are unhelpful.
In Canada, Leon Mugesera faced the music for his propaganda and speeches in the lead up to a genocide. Mugesera v. Canada (Minister of Citizenship and Immigration), [2005] 2 SCR 100, 2005 SCC 40 (CanLII), <http://canlii.ca/t/1l249> retrieved on 2015-03-16
I pull no punches in saying that given the current situational context in Guyana such publications in the face of an election campaign is not only unhelpful but disgraceful.
I have had other cause to publicly address the conduct of the Rodney Commission of Inquiry: please see, previous blog postings: A Revisiting of the Issue of Partiality or Impartiality of the Walter Rodney Commission of Inquiry, Oct 22, 2014; Walter Rodney Commission of Inquiry - Gerald "Gerry" Gouveia evidence - Does a Reasonable apprehension of bias exist?, June 26, 2014; and Walter Rodney Commission of Inquiry - The Battle for Contemporaneous Documents June 13, 2014]
Shaun Michael Samaroo
Mr. Samaroo whose special reports of the Rodney Commission of Inquiry appeared in the Guyana Chronicle, was paid $7,300.00 U.S.D. per month through the budget assigned to the Commission. See, for example, March 28, 2015, Hanoman discredits Wagner’s testimony, Guyana Chronicle; March 26, 2015 Wagner to unveil secret list of ‘big names’ – Says assassination suspect Gregory Smith revealed list of names connected to Dr Walter Rodney’s assassination Guyana Chronicle; January 28, 2015 Robert Allan Gates makes stunning claim at Rodney Commission –McLean, Lewis, Roberts vital to dark Rodney plot Guyana Chronicle; November 14, 2014 article "Special Report on the Rodney Commission of Inquiry by Shaun Michael Samaroo, Detailing PNC State machinery violence against WPA at Rodney Commission" Guyana Chronicle; November 07, 2014, Special Report on the Rodney Commission of Inquiry by Shaun Michael Samaroo, At Rodney COI… Gopaul, Williams ‘brawl’ in dramatic face-off Guyana Chronicle; October 31, 2014, Special Report on the Rodney Commission of Inquiry by Shaun Michael Samaroo, Remote trigger detonated bomb that killed Rodney, Guyana Chronicle; August 07, 2014 Special Report on the Rodney Commission of Inquiry by Shaun Michael Samaroo, Commission Chairman slams Basil Williams’ propaganda idea Guyana Chronicle; August 06, 2014, Special Report on the Rodney Commission of Inquiry by Shaun Michael Samaroo, Police files reveal PPP sought peaceful resolution to PNC dictatorship, Guyana Chronicle; August 05, 2014, Special Report on the Rodney Commission of Inquiry by Shaun Michael Samaroo, Laurie Lewis wrote, mailed Teekah death threat, Guyana Chronicle; June 5, 2014 Shaun Michael Samaroo, Granger was Army Liaison to GPF in Gregory Smith probe : – Says former Army Chief-of-Staff McLean, Guyana Chronicle; June 03, 2014 Corbin delivered guns to House of Israel, Guyana Chronicle;
Shaun Michael claims the terms of his contract with the Government of Guyana was as follows:
1. Design and build a global social media platform that generates ongoing professional coverage of the Rodney Commission, in multimedia format – print, video, audio, and electronic; this includes engaging discussions online;
2. Write news reports, stories, features and multimedia scripts around daily happenings at the Commission;
3. Coordinate national and international media organs in full local and global coverage of the Commission's findings, and testimonies;
4. After the Commission would have completed its work, write and publish a book on the Commission's work, on behalf of the Government of Guyana;
5. Write the script for, and produce, a Video Documentary on DVD, of the Commission's work on behalf of the Government of Guyana, at the completion of the Commission's work;
6. Create an online forum where the full findings, testimonies and reports of the Commission can be archived and available for global consumption;
7. Network with global organizations, academic institutions and relevant interests to popularize the findings of the Commission.
Shaun Michael response to the chorus of criticism to the payments received by him for the work of WARCOI is as follows:
I was contracted for a specific purpose, and it had nothing to do with reporting in the State media.
I contributed several reports to the Guyana Chronicle on the work of the Commission pro bono, never once receiving any payment for that work. I also contributed dozens of columns to the Guyana Chronicle without compensation of any sort. I did this because I was concerned at the sorry state of Guyana’s State media, and wanted to play a role in lifting the standard of Journalism, and to contribute my writing to the national stage.
(Shaun Michael Samaroo facebook page <https://www.facebook.com/shaun.michael1?fref=ts> June 02, 2015)Shaun Michael's claim that he was not contracted to write for state media is contradicted by clause 2 of the very agreement he says form the basis of his work at the Rodney Commission of Inquiry, that is, to "2. Write news reports, stories, features and multimedia scripts around daily happenings at the Commission.."
Further, the $7,300.00 put a lie to his claim that his writings in the Chronicle was pro-bono. If clause 2 applies to "news reports" it does not take a rocket scientist to deduce that this man was paid for his propaganda.
Quite frankly, Clause 1 would have meant building a professional website where all the transcripts would have been uploaded together with evidence real-time, as is the case with most professionally run Commissions of Inquiry. That has not occurred.
In effect, $$7,300.00 U.S.D per month wasted.
In effect, $$7,300.00 U.S.D per month wasted.
It is simply silly to pay someone to write a book when the Commissioners are paid to hear the evidence, submissions and produce a report. Shaun Michael Samaroo must find sources of funding elsewhere if he wants to write a book and produce a video.
Ultimately though, if the Commission paid Shaun Michael Samaroo out of its budget, then his writings reflects the Commission's view as its "Editor", a position he purports to hold.
The Rodney Inquiry Used by PPP/C for Partisan Electioneering
See also, PPP calls for Granger, Harmon to appear before Rodney CoI –to account for missing army weapons <http://guyanachronicle.com/ppp-calls-for-granger-harmon-to-appear-before-rodney-coi-to-account-for-missing-army-weapons/> retrieved on 2015-03-16
Guyana Times, Last Chance <http://www.guyanatimesgy.com/2015/03/05/last-chance/> retrieved on 2015-03-16
Youtube <https://www.youtube.com/watch?v=-TrTAt1u_dY> Post Cabinet press briefing by HPS Dr Roger Luncheon 4th March, 2015 starts at 20:39 retrieved on 2015-03-16
GINA <http://www.gina.gov.gy/home/index.php/home/all-news/item/1968-rodney-s-death-hps-queries-why-surviving-pnc-personalities-of-that-era-have-not-yet-volunteered-to-testify-before-coi> Rodney’s death… HPS queries why surviving PNC personalities of that era have not yet volunteered to testify before COI retrieved on 2015-03-16
Lawyers for the Parties - paid 0 (zero) taxpayers' dollars
Ultimately though, if the Commission paid Shaun Michael Samaroo out of its budget, then his writings reflects the Commission's view as its "Editor", a position he purports to hold.
The Rodney Inquiry Used by PPP/C for Partisan Electioneering
See also, PPP calls for Granger, Harmon to appear before Rodney CoI –to account for missing army weapons <http://guyanachronicle.com/ppp-calls-for-granger-harmon-to-appear-before-rodney-coi-to-account-for-missing-army-weapons/> retrieved on 2015-03-16
Guyana Times, Last Chance <http://www.guyanatimesgy.com/2015/03/05/last-chance/> retrieved on 2015-03-16
Youtube <https://www.youtube.com/watch?v=-TrTAt1u_dY> Post Cabinet press briefing by HPS Dr Roger Luncheon 4th March, 2015 starts at 20:39 retrieved on 2015-03-16
GINA <http://www.gina.gov.gy/home/index.php/home/all-news/item/1968-rodney-s-death-hps-queries-why-surviving-pnc-personalities-of-that-era-have-not-yet-volunteered-to-testify-before-coi> Rodney’s death… HPS queries why surviving PNC personalities of that era have not yet volunteered to testify before COI retrieved on 2015-03-16
Lawyers for the Parties - paid 0 (zero) taxpayers' dollars
$325 Million dollars yet zero for the lawyers at the Bar Table representing the various parties is sad on many levels. The lawyers including Attorney for the People’s National Congress (PNC), Mr. Basil Williams; Attorney for Working People’s Alliance (WPA), Mr. Christopher Ram; Attorney for the Ex-GDF (Guyana Defence Force) Association, Lt. Col. (Ret’d) Joseph Harmon; Attorney for the Guyana Trades Union Congress (GTUC), Mr. Brian Clarke and Mr. Selwyn Pieters received no payment from the Commission on account of their appearance(s) before the Commission nor were their reasonable disbursements paid to the lawyers by the Commission for their reasonable expenses in preparing material and attending at the Commission. In case of GTUC counsel, a lot of our costs were thrown away since the Commission, having received our witness will-say since May 2014 continuously scheduled him but failed to reach him due to unrealistic scheduling and bumping him for other witnesses
The Final Chapter
On April 20, 2014, when the Guyana Trades Union Congress (GTUC)] announced its participation in the Walter Rodney Commission of Inquiry, it concluded its press statement by saying “Guyana and Guyanese deserve closure to this chapter of our history and an end brought to use of Rodney’s name as a wedge. The GTUC is prepared once again to play its part to the achievement of this end.”
On June 11, 2015, a GINA Release entitled "One more sitting for Rodney COI – final report to be handed to President Granger in one month" stated the following:
GTUC would have liked to see the Commission to the end, where each and every witness that remains to be heard is heard, including Robert Corbin, Cecil Skip Roberts, Norman McLean, Rupert Roopnarine and Lincoln Lewis. However, we respect the decision taken by His Excellency President David Granger and his Cabinet.
***
Walter Rodney Commission of Inquiry - Written Arguments of Counsel for the People's National Congress
Basil Williams and Selwyn A. Pieters, Written Submissions of the People's National Congress, July 23, 2015
Walter Rodney Commission of Inquiry - Written Arguments of Counsel for Various Parties
Selwyn A. Pieters and Brian M. Clarke, Written submissions of the Guyana Trades Union Congress, July 24, 2015
Andrew Pilgrim, Q.C., Closing argument of the Immediate family, July 24, 2015
Keith Scotland, Closing Argument of Donald Rodney, July 24, 2015
Latchmie Rahmahat, Closing Argument of Commission Counsel, July 28, 2015
Christopher Ram, Closing Argument on behalf of the Working People's Alliance, July 28, 2015.
Copyright © 2015 Selwyn Pieters. All rights reserved. Please use citation if using or relying on my analysis.
The Final Chapter
On April 20, 2014, when the Guyana Trades Union Congress (GTUC)] announced its participation in the Walter Rodney Commission of Inquiry, it concluded its press statement by saying “Guyana and Guyanese deserve closure to this chapter of our history and an end brought to use of Rodney’s name as a wedge. The GTUC is prepared once again to play its part to the achievement of this end.”
On June 11, 2015, a GINA Release entitled "One more sitting for Rodney COI – final report to be handed to President Granger in one month" stated the following:
Georgetown, GINA, June 11, 2015
The Walter Rodney Commission of Inquiry (COI) is set for an imminent closure, Minister of State Joseph Harmon, said today, at his first official post -Cabinet briefing. According to the minister, President David Granger directed that a final sitting be conducted and the concluding report be submitted in one month to him.
Speaking from his office at the Ministry of the Presidency in Shiv Chanderpaul Drive, Minister Harmon detailed that it was pointless prolonging the Inquiry, adding that it was “far too costly” and involved “a few excesses.”
The Minister recalled that newly appointed Legal Affairs Minister Basil Williams had earlier opined and suggested the same, and this lead to Cabinet’s moving in this direction.
To date, the COI has cost taxpayers some $325.1 million. It should be noted that this figure does not include the cost for any future sitting, the final of which should take place in July.
GTUC would have liked to see the Commission to the end, where each and every witness that remains to be heard is heard, including Robert Corbin, Cecil Skip Roberts, Norman McLean, Rupert Roopnarine and Lincoln Lewis. However, we respect the decision taken by His Excellency President David Granger and his Cabinet.
***
Walter Rodney Commission of Inquiry - Written Arguments of Counsel for the People's National Congress
Basil Williams and Selwyn A. Pieters, Written Submissions of the People's National Congress, July 23, 2015
Walter Rodney Commission of Inquiry - Written Arguments of Counsel for Various Parties
Selwyn A. Pieters and Brian M. Clarke, Written submissions of the Guyana Trades Union Congress, July 24, 2015
Andrew Pilgrim, Q.C., Closing argument of the Immediate family, July 24, 2015
Keith Scotland, Closing Argument of Donald Rodney, July 24, 2015
Latchmie Rahmahat, Closing Argument of Commission Counsel, July 28, 2015
Christopher Ram, Closing Argument on behalf of the Working People's Alliance, July 28, 2015.
Copyright © 2015 Selwyn Pieters. All rights reserved. Please use citation if using or relying on my analysis.
********
Selwyn A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer & Notary Public (Ontario). Attorney-at-Law (Republic of Guyana and Republic of Trinidad and Tobago).
Selwyn has appeared at all levels of courts, including the Supreme Court of Canada in Attorney General of Ontario v. Michael J. Fraser, et al., 2011 SCC 20 and Commission des droits de la personne et des droits de la jeunesse, et al. v. Bombardier Inc. (Bombardier Aerospace Training Center), et al. (2015 - decision reserved); Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37, 208 O.A.C. 307 (C.A.); Bangoura v. Washington Post (2005) 202 O.A.C. 76, (2005) 17 C.P.C. (6th) 30 (Ont.C.A.), McAteer v. Canada (Attorney General) 2014 CarswellOnt 10955, 2014 ONCA 578, 121 O.R. (3d) 1, 376 D.L.R. (4th) 258 (CA) and most recently R. v. Steele (2015) ONCA 169 (Ont. C.A.); the Federal Court of Appeal in The Honourable Sinclair Stevens v. The Conservative Party of Canada, [2005] F.C.J. No. 1890, 2005 FCA 383. He represented Correctional Manager Mariann Taylor-Baptiste in the ground-breaking competing rights case of Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 CarswellOnt 8965, 2012 HRTO 1393, 2012 C.L.L.C. 230-022 reconsideration denied in 2013 CarswellOnt 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 at the HRTO; Civil Rights lawyer Charles Roach in the Oath cases of McAteer, Topey, Dror-Natan v. Canada (Attorney General) 2013 CarswellOnt 13165, 2013 ONSC 5895 (ON S.C.) and Roach et al. v. Canada 2012 CarswellOnt 7799, 2012 ONSC 352 (ON S.C.) which is a constitutional challenge to the oath in the Citizenship Act.
Selwyn has provided representation to persons charged with various criminal offenses including Drugs: Selling and Possessing, Shoplifting, Serious Offences of Violence: Aggravated Assault, Assault with a Weapon and Robbery, Gun Offences, sexual assault, robbery, theft, extortion, HIV/AIDS litigation; fraud, break & enter, attempted murder, murder, regulatory offences under the Occupational Health and Safety Act, professional disciplinary offences, and conspiracy offences.
Selwyn has also been involved in drugs, guns and gang trials including "Project Green Apple", "Project XXX" and "Project Kryptic", "Project Corral" which are some of Canada's largest Criminal Organization prosecutions. Selwyn is currently counsel for an accused in "Project Feline" and Project Revival" drug sting operations. In Project Corral, Selwyn's advocacy resulted in the "gang expert" evidence being discredited and the Criminal Organization charges against his client and others being tossed out by the Court: R. v. Agil, Chambers, Fullerton, Jimale and Brown 2011 CarswellOnt 18099 (Ont. CJ. July 14, 2011, Khawley J.)
Selwyn recently obtained an extraordinary remedy of costs agains the Crown for failure to provide disclosure of police officer memo book notes in R. v. W.(J.), [2013] O.J. No. 2284, 2013 CarswellOnt 6322, 2013 ONCJ 270 (Ont. CJ.).
Selwyn is the successful litigant in the recent racial profiling case involving carding of three Black men: Peel Law Association v. Pieters, 2013 CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306 O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695(Ont. C.A.).
Selwyn has provided crucial legal advise to clients duringhigh risk situations such as gun calls, hostage taking, barricaded persons, mentally disturbed persons, high risk arrests and public order control in situations where there is significant public disorder, lawlessness, personal injury and property damage. Charges of cause disturbance and assault police can be pretextual racial profiling charges: R. v. Roach, 2005 O.J. No. 5278 (Ont. C.J.) (Criminal Law - Causing a Disturbance); R. v. Ramsaroop, 2009 CarswellOnt 5281, 2009 ONCJ 406 (Ont. CJ.); R. v. Taylor, 2010 CarswellOnt 6584, 2010 ONCJ 396, [2010] O.J. No. 3794 (Ont. CJ.)
Selwyn A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer & Notary Public (Ontario). Attorney-at-Law (Republic of Guyana and Republic of Trinidad and Tobago).
Selwyn has appeared at all levels of courts, including the Supreme Court of Canada in Attorney General of Ontario v. Michael J. Fraser, et al., 2011 SCC 20 and Commission des droits de la personne et des droits de la jeunesse, et al. v. Bombardier Inc. (Bombardier Aerospace Training Center), et al. (2015 - decision reserved); Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37, 208 O.A.C. 307 (C.A.); Bangoura v. Washington Post (2005) 202 O.A.C. 76, (2005) 17 C.P.C. (6th) 30 (Ont.C.A.), McAteer v. Canada (Attorney General) 2014 CarswellOnt 10955, 2014 ONCA 578, 121 O.R. (3d) 1, 376 D.L.R. (4th) 258 (CA) and most recently R. v. Steele (2015) ONCA 169 (Ont. C.A.); the Federal Court of Appeal in The Honourable Sinclair Stevens v. The Conservative Party of Canada, [2005] F.C.J. No. 1890, 2005 FCA 383. He represented Correctional Manager Mariann Taylor-Baptiste in the ground-breaking competing rights case of Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 CarswellOnt 8965, 2012 HRTO 1393, 2012 C.L.L.C. 230-022 reconsideration denied in 2013 CarswellOnt 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 at the HRTO; Civil Rights lawyer Charles Roach in the Oath cases of McAteer, Topey, Dror-Natan v. Canada (Attorney General) 2013 CarswellOnt 13165, 2013 ONSC 5895 (ON S.C.) and Roach et al. v. Canada 2012 CarswellOnt 7799, 2012 ONSC 352 (ON S.C.) which is a constitutional challenge to the oath in the Citizenship Act.
Selwyn has provided representation to persons charged with various criminal offenses including Drugs: Selling and Possessing, Shoplifting, Serious Offences of Violence: Aggravated Assault, Assault with a Weapon and Robbery, Gun Offences, sexual assault, robbery, theft, extortion, HIV/AIDS litigation; fraud, break & enter, attempted murder, murder, regulatory offences under the Occupational Health and Safety Act, professional disciplinary offences, and conspiracy offences.
Selwyn has also been involved in drugs, guns and gang trials including "Project Green Apple", "Project XXX" and "Project Kryptic", "Project Corral" which are some of Canada's largest Criminal Organization prosecutions. Selwyn is currently counsel for an accused in "Project Feline" and Project Revival" drug sting operations. In Project Corral, Selwyn's advocacy resulted in the "gang expert" evidence being discredited and the Criminal Organization charges against his client and others being tossed out by the Court: R. v. Agil, Chambers, Fullerton, Jimale and Brown 2011 CarswellOnt 18099 (Ont. CJ. July 14, 2011, Khawley J.)
Selwyn recently obtained an extraordinary remedy of costs agains the Crown for failure to provide disclosure of police officer memo book notes in R. v. W.(J.), [2013] O.J. No. 2284, 2013 CarswellOnt 6322, 2013 ONCJ 270 (Ont. CJ.).
Selwyn is the successful litigant in the recent racial profiling case involving carding of three Black men: Peel Law Association v. Pieters, 2013 CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306 O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695(Ont. C.A.).
Selwyn has provided crucial legal advise to clients duringhigh risk situations such as gun calls, hostage taking, barricaded persons, mentally disturbed persons, high risk arrests and public order control in situations where there is significant public disorder, lawlessness, personal injury and property damage. Charges of cause disturbance and assault police can be pretextual racial profiling charges: R. v. Roach, 2005 O.J. No. 5278 (Ont. C.J.) (Criminal Law - Causing a Disturbance); R. v. Ramsaroop, 2009 CarswellOnt 5281, 2009 ONCJ 406 (Ont. CJ.); R. v. Taylor, 2010 CarswellOnt 6584, 2010 ONCJ 396, [2010] O.J. No. 3794 (Ont. CJ.)
Selwyn was co-counsel in the world's first-ever sexual HIV transmission murder trial of Johnson Aziga in Hamilton, Ontario. See, for example, R. v. Aziga, 2008 CanLII 39222 (ON S.C.); R. v. Aziga; 2008 CarswellOnt 4300 (ON S.C.) and R. v. Aziga, 2008 CanLII 29780 (ON S.C.)
Selwyn argued on racial profiling includes: R. v. Steele, 2010 ONSC 233 (ON S.C.) and R. v. Egonu, 2007 CanLII 30475 (ON SC) - Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) - walking while black.
Selwyn has acted in exclusion cases at the Immigration and Refugee Board of Canada: See, Song Dae Ri (Re) 2003 CarswellNat 4527; (2004) 36 Imm. L.R. (3d) 203; Liang (Re) 2002 CarswellNat 4719; 33 Imm. L.R. (3d) 251.
Selwyn has appeared in Coroners' Inquest including: Coroner's Inquest into the Death of Negus Topey (May 02, 2005, Coroners' Court, Dr. K.A. Acheson) Ruling on Application for Standing; Coroner's Inquest into the Death of Dwight Haughton (Coroners' Court, Dr. Evans) Ruling on Application for Standing; Coroner's Inquest into the Death of Jeffrey Reodica(May 04, 2006, Coroners' Court, Dr. B. Porter) Ruling on Application for Standing
Selwyn also acted as co-counsel with C. Nigel Hughes for the families of three deceased persons killed during a civil demonstration in Linden, Guyana, at the Linden Commission of Inquiry. Selwyn is currently co-counsel with Brian M. Clarke representing the Guyana Trades Union Congress in the Walter Anthony Rodney Commission of Inquiry in Georgetown, Guyana.Selwyn argued on racial profiling includes: R. v. Steele, 2010 ONSC 233 (ON S.C.) and R. v. Egonu, 2007 CanLII 30475 (ON SC) - Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) - walking while black.
Selwyn has acted in exclusion cases at the Immigration and Refugee Board of Canada: See, Song Dae Ri (Re) 2003 CarswellNat 4527; (2004) 36 Imm. L.R. (3d) 203; Liang (Re) 2002 CarswellNat 4719; 33 Imm. L.R. (3d) 251.
Selwyn has appeared in Coroners' Inquest including: Coroner's Inquest into the Death of Negus Topey (May 02, 2005, Coroners' Court, Dr. K.A. Acheson) Ruling on Application for Standing; Coroner's Inquest into the Death of Dwight Haughton (Coroners' Court, Dr. Evans) Ruling on Application for Standing; Coroner's Inquest into the Death of Jeffrey Reodica(May 04, 2006, Coroners' Court, Dr. B. Porter) Ruling on Application for Standing
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