Closing arguments in Commission of Inquiry re plot to assassinate Guyana President David Granger

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 August  21, 2017
Updated November 06, 2017

The Commission of Inquiry to inquire into the persons, places, time, circumstances and events by and through which allegations and reports came to be made of an intention or a plan to assassinate the President of the Co-operative Republic of Guyana has completed it hearing and the Report prepared by Paul E. Slowe was presented to the President of Guyana and made public.

Terms of Reference, Paul Slowe COI

The Commission of Inquiry had 12 sittings and concluded its public hearings on Friday August 18, 2017

Paul Slowe, Sole Commissioner
James A. Bond, was Commission Counsel
Ian N. Chang, S.C. and Brandan Glasford represented the Guyana Police Force
Glenn Hanoman represented Seelall Persaud, D.S.M.
Selwyn Pieters represented Travis Chase
Christopher Ram represented Imran Khan

Commission of Inquiry - Oral and Written Submissions

Written Argument Prepared by Selwyn Pieters on behalf of HGP Nightly News TV. Journalist Travis Chase

Written Argument of Ian N. Chang, S.C. Counsel for the Guyana Police Force submissions at the Paul Slowe COI

Written Reply Submission to Guyana Police Counsel Ian N. Chang Prepared by Selwyn Pieters on behalf of HGP Nightly News TV Journalist Travis Chase

McAteer v. Canada (Attorney General) 2014 CarswellOnt 10955, 2014 ONCA 578, 121 O.R. (3d) 1, 242 A.C.W.S. (3d) 772, 376 D.L.R. (4th) 258 (ONCA)

R. v. Peter Kemble (1990) 1 WLR 1111, [1990] 3 All E.R. 116 (H.L.)

R. v. Nasogaluak, [2010] 1 SCR 206, 2010 SCC 6, 315 DLR (4th) 193; 19 Alta LR (5th) 1; 474 AR 88; 251 CCC (3d) 293; 72 CR (6th) 1; 398 NR 107; AZ-50609170; [2010] CarswellAlta 268; EYB 2010-169818; JE 2010-403; [2010] SCJ No 6 (QL)

R. v. Neil, [2002] 3 SCR 631, 2002 SCC 70, 218 DLR (4th) 671; [2003] 2 WWR 591; 317 AR 73; 6 Alta LR (4th) 1; 168 CCC (3d) 321; 6 CR (6th) 1; 294 NR 201; [2002] CarswellAlta 1301; JE 2002-2002; [2002] SCJ No 72 (QL); 284 WAC 73; 55 WCB (2d) 36

EVIDENCE

David Ramnarine Evidence

Seelall Persaud Evidence

Wendell Blanhum Evidence

Mitchell Caesar Evidence

Andriff Gillard Evidence


Resources / Media

COI into alleged assassination plot… Lawyers argue over powers to grant bail, credibility of report, as inquiry concludes Kaieteur News August 19, 2017

Granger assassination plot inquiry: Lawyers differ over Police Commissioner Persaud’s involvement while on leave Demerara Waves August 18, 2017

CoI winds up …Lawyer rips police handling of assassination plot
Guyana Chronicle, August 19, 2017

CoI Chairman shoots down Blanhum's request to challenge Ramnarine News Room Guyana August 15, 2017

Lawyers clash over bail, Top Cop 'interference' | Guyana Times August 19, 2017

Bail was justified - Guyana Chronicle August 01, 2017

Businessman denies offering GYD$ millions to kill President Granger Demerara Waves August 1, 2017

Assassination plot : Motion to remove Chang as police attorney fails Guyana Chronicle, August 1, 2017

Assassination plot: TV news anchor says cops covering up matter  Guyana Chronicle, July 28, 2017

Cross-examination of Seelall Persaud, the Commissioner of the Guyana Police Force, on note-taking

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)

Pieters Law Office

Created August 3, 2017

The Commission of Inquiry comprising Mr. Paul Slowe, DSM was issued on the 11th day of July, 2017, to-
1. inquire into the persons, places, time, circumstances and events by and through which allegations and reports came to be made of an intention or a plan to assassinate the President of the Co-operative Republic of Guyana;
2. investigate and review the full range of the Guyana Police Force’s actions and responses to the reports and the extent to which such actions were conducted or executed with due diligence;
3. determine whether any person and, in particular, officers of the Guyana Police Force had information before and after reports were made of the plan to assassinate the President and whether any such officers communicated that information to a superior authority;
4. record and report on what official action was taken on the basis of the information received and whether there was due diligence by the officers of the Guyana Police Force in the investigation of the plan to assassinate the President;
5. review all actions taken by the Guyana Police Force and examine whether there was evidence failure, neglect or omission to thoroughly and properly investigate the intention or plan to assassinate the President and determine whether such failure or omission was intentional;
6. determine the blameworthiness for failure or neglect of officers or persons involved in the investigation and recommend action to be taken against persons found to be blameworthy;
7. recommend steps that can be taken in order to prevent the recurrence of such incident and can be deemed appropriate by the Commissioner; and 
8. identify systemic issues, if any, in the Guyana Police Force’s competence to investigate matters of this nature.

This is part of my Cross-examination of Seelall Persaud, the Commissioner of the Guyana Police Force, on note-taking and record keeping. Read and form your own opinion:

Mr. Pieters: I am Selwyn Pieters I represent the interest of a young reporter Mr. Travis Chase who is also in the Courtroom and I have some questions for you.
Mr. Persaud: Sure.
Mr. Pieters: Now Mr. Commissioner I understand that you were, sworn in as a Police Officer on October 15 1984.
Mr. Persaud: That is correct.
Mr. Pieters: And you are an internationally trained officer as well in terms of experience and education?
Mr. Persaud: That is correct.
Mr. Pieters: And that you went to Harvard University?
Mr. Persaud: That is correct.
Mr. Pieters: What did you do at Harvard University?
Mr. Persaud: A course executive education in National and International Security.
Mr. Pieters: And have you had training as well in other police organisations?
Mr. Persaud:Yes,  I did the FBI National Academy  at the FBI Academy in Virginia USA, and I did Senior Investigating in Officers Course by the Scottish Police I did several drug investigation course by many conducted by many countries around the world
.......
Mr. Pieters: When did you become aware that Mr. Chase recorded an interview with Mr. Gillard?
Mr. Persaud: I heard about an interview being aired sometime maybe shortly after he
…
Mr. Pieters: When was that?
Mr. Persaud: I can't recall.
Mr. Pieters: Who advised you?
Mr. Persaud: I can't recall either.
....
Mr. Pieters: Yes, I appreciate that, but let me ask you this Mr. Commissioner do you have a pocket book?
Mr. Persaud: No.
Mr. Pieters: How do you record entries of issues that are brought to your attention by Officers?
Mr. Persaud: Its filtered if there is a need to record I do record.
....
Mr. Pieters: Right, well who records, if you don't take a contemporaneous recording which is what your job is as a policeman, you are a policeman regardless if you are a Commissioner or Constable, right?
Mr. Persaud: Yes.
Mr. Pieters: And you are supposed to take contemporaneous notes, aren't you?
Mr. Persaud: On matters that are investigating on matters of interest, yes.
Mr. Pieters: And matters that are brought to your attention in your office as a police officer isn't that the case?
Mr. Persaud: No it's not the case.
.....
Mr. Pieters: Did you take any notes in respect to these matters touching in the assassination plot against the President of the Cooperative Republic of Guyana?
Mr. Persaud: No I didn't.
Mr. Pieters: Why didn't you take notes?
Mr. Persaud: It was not necessary.
Mr. Pieters: I am going to suggest to you that it was.
Mr. Persaud: I am going to continue to say that it was not.
Mr. Pieters: I am going to suggest to you that it was neglect of duty for you not to take notes of an important issues such as this.
Mr. Persaud: I will totally deny that.
Mr. Pieters: Would you said that you know the date when you were advised that Mr. Chase did an interview with Gillard?
Mr. Persaud: No, it was of no interest to me.
Mr. Pieters: It was of no interest to you and we gone get to that.
Mr. Persaud: Yes
...
Mr. Pieters: Let me finish my question, that‟s the problem as a professional
policeman, you testified to the panel that you have no way of making contemporaneous
notes…
Mr. Persaud: That is true unless I find it necessary.
Mr. Pieters: Well let us deal with that.
Mr. Persaud: Yes.
Mr. Pieters: Contemporaneous notes is an aide-memoire... taking notes is an aide-memoire, it aids your memory, and it helps you…
Mr. Persaud:...I don't disagree with you…
....
Mr. Pieters: It is called an aide memoir, but it also assists you when you testify in
court.
Mr. Persaud: But I didn‟t know that it would have been called to testify on this, had I known that then from day one I would have probably made notes.
Mr. Pieters:(inaudible)
Mr. Persaud: No, I make notes when it's necessary, I didn't find it necessary.
Mr. Pieters: But where is your is your memo book?
Mr. Persaud: I have a personal diary.
Mr. Pieters: Where is your personal diary?
Mr. Persaud: It‟s in the office.
Mr. Pieters: You came to court today, you don‟t think you should have brought it?
Mr. Persaud: No.
Mr. Pieters: If that is what you use to recollect your memory.
Mr. Persaud: I am saying that I didn't write anything in relation to this matter in the diary.
Mr. Pieters: You didn't write anything on this matter, so I will suggest this to you didn't write anything on this matter Mr. Persaud because you thought that all the officers would have covered up for you and exclude you from the whole sequence, that I why you didn't make notes.
Mr. Persaud: I totally deny that I don't know of any commissioner of Police that went to any court and gives evidence of any investigation that the police force conducted during his tenure as commissioner.
Mr. Pieters: That is what I suggest to you, and I will make some suggestions to you…
Mr. Pieters: And you ordered that Gillard be sent on bail as well.
Mr. Persaud: I never knew Gillard was arrested.
Mr. Pieters: You did know…
Mr. Persaud: Until this inquiry.
Mr. Pieters: Well that shows how in tune you are with the police force that you
manage.
....
Mr. Pieters: And when would you have briefed Mr. Ramnarine prior to your leave
in…I think it was the end of February you went on leave.
Mr. Persaud: It is normally done in the week before I proceeded.
Mr. Pieters: Would you have memoed him?
Mr. Persaud: Well no, there were oral briefs.
Mr. Pieters: They were oral briefs, there was no note taker taking notes?
Mr. Persaud: No.
Mr. Pieters: And were you taking notes during the meeting with what you said to
Ramnarine?
Mr. Persaud: No.
Mr. Pieters: And is Ramnarine taking notes of what you are saying to him?
Mr. Persaud: I don‟t know.
Mr. Pieters: Well you were at the meeting tell the panel.
Mr. Persaud: I did see him writing I don‟t know if he was taking notes or writing
something else, I never review.
Mr. Pieters: So the change over of command is quite an ad-hoc matter…

Walter Rodney Debates - Guyana Parliament - August 04, 2016

Walter Rodney Report is the focus of Debates in the Guyana Parliament on August 04, 2016. This should be an interesting debate).

RECOMMENDATIONS OF THE REPORT OF THE COMMISSION OF INQUIRY ON THE DEATH IN AN EXPLOSION OF THE LATE DR. WALTER RODNEY <http://www.parliament.gov.gy/…/5851-report_of_the_commissio…> 
Background Information <http://selwynpieters.blogspot.ca/…/walter-rodney-commission…>

Ms Gail Teixeira, M.P. to move the following motion:WHEREAS the Report on “The Commission of Inquiry Appointed To Enquire and Report On the Circumstances Surrounding The Death in An Explosion Of the Late Dr. Walter Rodney On Thirteenth Day Of June, One Thousand, Nine Hundred and Eighty at Georgetown” was handed over to the Government of Guyana on February 10, 2016;
AND WHEREAS the Government laid Volume 1 of the Report of the Commission of Inquiry in the National Assembly on May 12, 2016;
AND WHEREAS the Commission in its Report presented its findings including “Critical Findings and Summary on Gregory Smith” and 11 significant recommendations,
BE IT RESOLVED:
That this National Assembly adopts the Report and its findings;
BE IT FURTHER RESOLVED:
That the National Assembly calls on the Government to take measures to implement the recommendations therein in order to ensure that the democratic architecture of the state is preserved and strengthened.
(Notice Paper No. 52 (M41 Opp. 8) published on 2016-05-31)

Georgetown Prison COI: Closing Argument of Counsel for the Guyana Prison Service

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)
Created May 16, 2016 

On March 02, 03 and 04, 2016, Guyana saw its worst prison riot in the 132 year old history of the Georgetown Prison. Alleged anger over the slowness of the judicial system and allegations of other prison conditions yet to be found, but are the subject of this Inquiry, exacerbated by the takedown of Collis Collison during a search in the Yard of Capital Block “A” spilling into the actual hostility of inmates to prison staff or acts by the inmates that evidenced aggression and hostility towards the Correctional staff and incitement to kill correctional officers, barricaded the Capital Block A Door, lit fires, damage state property. The resulting second fire on March 03, 2016 killed 17 inmates and injured 30 others. This was followed by a massive rebellion at the Georgetown on March 04, 2016 causing an explosion of demands and needs for a joint services (police, prisons, fire, army) intervention.

His Excellency Brigadier David Granger President of the Co-operative Republic of Guyana appointed a Commission of Inquiry constituted for the purpose: “to enquire into all the circumstances surrounding the death of seventeen (17) Prisoners namely from the Camp Street Prison, Georgetown on the morning of Thursday 3rd of March,2016 to report the findings and conclusions to the Minister of Public Security and to make recommendations on any action that should be taken to avoid any recurrence”

WRITTEN AND ORAL ARGUMENT OF COUNSEL FOR THE GUYANA PRISON SERVICE

May 06, 2016 Closing Argument of Counsel for the Guyana Prison Service at the Commission of Inquiry into the Camp Street Prison Disturbances and Subsequent Deaths.

May 06, 2016 Book of Authorities (Case Book) of the Guyana Prison Service

May 09, 2016 Oral Argument of Selwyn A. Pieters, Counsel for the Guyana Prison Service, at the Commission of Inquiry into the Camp Street Prison Disturbances and Subsequent Deaths.

Georgetown Prison COI Day 23: Chief Prison Officer Patrick Crawford and S/Supt. Gladwin Samuels

Georgetown Prison COI Day 23: Cadet Officer Udistair Holligan

Georgetown Prison COI - Day 20: Gladwin Samuels - Deputy Director of Prisons

Camp Street Prison Georgetown Commission of Inquiry

Toronto-based Human and Civil Rights Lawyer Selwyn Pieters has been granted standing to provide legal representation to the Guyana Prison Service, Guyana Police Force and Guyana Fire Service in the Commission of Inquiry constituted for the purpose: “to enquire into all the circumstances surrounding the death of  seventeen (17) Prisoners namely from the Camp Street Prison, Georgetown on the morning of Thursday 3rd of March,2016 to report the findings and conclusions to the Minister of Public Security and to make recommendations on any action that should be taken to avoid any recurrence”

“The government has the prerogative to choose who its legal counsel are and who it repose confidence in to represent the interest of the state and state bodies. Certainly the loss of 17 lives are quite tragic. Certainly we want to get to the truth of what occurred. Certainly we want tangible and meaningful recommendations to improve the prison system and to make it much better to ensure there is no further loss of lives so that prisoners are while in state custody can be treated in an humane manner, can be safe , while the public is protected and secured” says Selwyn Pieters

Video Recording of the Testimony of Witnesses

 The Terms of Reference

(1)             The Inquiry will investigate, examine and report on:

·         Examine the causes, circumstances and conditions that led to the disturbances on the morning of the 3rd of March, 2016 that resulted in the death of 17 Prisoners on the morning of the 3rdof March, 2016 and any other subsequent disturbances at the Camp Street Prisons, Georgetown.

·         Inquire into the nature of all injuries sustained by the Prisoners during the disturbances on the morning of the 3rdof March, 2016 and any other subsequent disturbances.

·         Determine whether the conduct of the staff of the Guyana Prisons Service who were on duty on the morning of the 3rd of March, 2016 and thereafter was in compliance with the Standard Operating Procedures of the Guyana Prisons Service.

Determine whether the deaths of the 20 prisoners was as a result of the negligence, abandonment  of duty ,disregard of instructions, inaction of the Prison Officers who were on duty on the night of the 2nd of March,2016 and the morning of the 3rd of March,2016.

(2)             Recommendations

The Commission shall determine comprehensive and plausible recommendations to ensure the safety of the prisons.

(i)                                      Examine and make findings and recommendations to improve the physical infrastructure of the prison;

(ii)                         The existing security arrangements in respect of the custody, management and control of prisoners.

(iii)                       The appropriate treatment of prisoners in compliance with legal and other requirements.

(iv)                       To prevent a recurrence of any such disturbances.

(3)              Rules of Procedure

(i)                            The Inquiry must consider the views of stakeholders including:
·        Staff of the Prisons and their Unions;

·        Members  of the Judiciary;

·        Prisoners accommodated within the Camp Street Prisons

·        Staff of the Ministry  of Health and the Ministry of Social Protection and  Human Services;

·        Any other stakeholders the Inquiry deems appropriate.

(ii)                         This commission shall render its report, findings and recommendations to the Minister of Public Security no later than the 31st of March, 2016.
(iii)                       This Inquiry shall be conducted continually at the (Venue) and in such other places as the Honourable Chairman may determine.
(iv)                       The Inquiry shall be held in public, with reservation nevertheless to the Commissioners to exclude any persons/persons if they deem fit for the due conduct of the Inquiry, the preservation of Order or for any other reason.
(v)                         The Commission shall commence work on the …..day of March,2016 and the said Chairman shall take appropriate steps to ensure that the Commission complete its work and submit its report within the aforesaid time.
(vi)                       The Chairman and one other Commissioner shall constitute a quorum.
(vii)                    Subject to the above, this Commission shall establish and regulate its own procedures for the conduct of the Inquiry and shall be governed by the aforesaid provisions of the Constitution of Guyana, the Commissions of Inquiry Act, Chapter 19:03, the High Court Act, Chapter 3:01and any other Laws enabling.