Bar Association bashes SARA’s Deputy Director over “threats” to judiciary

State Assets Recovery Agency (SARA) Deputy Director Aubrey Heath-Retemyer continues to face a backlash for comments he recently made, this time with the Guyana Bar Association (GBA) condemning him for saying that members of the Judiciary needed training so that the Agency’s work could get done.

In an interview with a national newspaper that was published on Sunday, Heath-Retemyer lamented an apparent resistance by judicial officers to access information from commercials banks, something which is key to the work of the anti-corruption agencies, including the Special Organised Crime Unit (SOCU).
However, the Bar Council of the GBA in a statement on Tuesday bashed the Deputy Director of SARA, saying that his comments could be construed as a “threat” to members of the Judiciary as well as an attempt to direct the work and functioning of the country’s legal system – something he should avoid.
Apart from the situation being alarming and of grave concern, it was also against Article 122 (a) (1) of the Constitution, which states that the Judiciary exercise its functions independently, and free from political, executive or any other form of direction and control.
“In Guyana, as Heath-Retemyer should be aware, justice is done when the Judiciary applies principles of law to evidence proved in court. Since the Judiciary does not exist to do the bidding of the Executive, the rights of Guyanese citizens and the application of the rule of law take precedence over the granting of remedies in a speedy manner to the liking of the Executive,” the Association posited.
The Bar Council went on to contend that “any insinuation that the Judiciary is somehow lacking in knowledge is unjustified, without merit and could dangerously shake the confidence of the public in the ability of the Judiciary. Guyana is a democracy where the law is applied by an independent and impartial Judiciary whose function includes restraining unlawful excesses by the Executive, including Mr Heath-Retemyer and SARA/SOCU. If that agency is not satisfied with the legal requirements in discharge of its functions, then the Bar Association assures the public that the fault does not lie with the Judiciary and/or its training.”
The GBA further posited that there was no place for comments like those made by SARA’s Deputy Director, while adding his action should equally be condemned by the Government for not being its view of the Judiciary and by the citizens of Guyana as being an unjustified attack by an agent of the Executive on the independence of the Judiciary and in violation of the principle of separation of powers.
Stating its confidence in the ability of the Judiciary and its commitment to at all times stand guard and rebuff such attacks, the Bar Council is also calling for Heath-Retemyer to retract his comments and apologise, while also further refraining from making any similar comments in the future.
On Sunday last, former Attorney General and Legal Affairs Minister Anil Nandlall had also condemned the remarks made by Heath-Retemyer and blamed the situation of banks being reluctant to act in supplying the information requested on the fact that several pieces of legislation are clashing.
“Some [legislation] require the bank to maintain clients’ confidentiality and, therefore, prohibit them from disclosing the information requested, while some require the bank to make the disclosures,” Nandlall had pointed out. He noted that the issue was brought to the attention of his successor, current Attorney General and Legal Affairs Minister Basil Williams, who he said, “is incapable of taking advice”.
Moreover, the former AG posited that both Heath-Retemyer and SARA’s Director, Dr Clive Thomas, are unlawfully occupying their offices. He explained that the SARA Act provides very clearly that the Director and Deputy Director of the Agency be appointed through a parliamentary process and while transitioning provisions were made for those heading the Agency to continue to act for a limited period, that time has “long expired”.