Govt called out for failure to appoint new coroners

Despite the coalition Government passing the Coroners Amendment Act of 2016 over four years ago, it has failed to appoint a single coroner to ensure inquests into unlawful killings can be held.

Former AG Anil Nandlall

It is a lapse that was zeroed in on by former Attorney General Anil Nandlall, who in a statement on Sunday questioned why his successor, current Attorney General Basil Williams, was unable to appoint any coroners.
He noted that the whole point of passing the bill was to increase the number of coroners. In addition, Nandlall noted that this was a campaign promise of the coalition Government that remained unfulfilled.
“In January 2016, the National Assembly enacted the Coroners Amendment Act 2015, piloted by Attorney General Basil Williams. The purpose of this Act was to facilitate the appointment of an increased number of coroners so that more inquests into unlawful killings can be held,” Nandlall said.

Legal Affairs Ministry

“In presenting this Bill in the National Assembly, Williams told the nation that it was a platform promise of President David Granger in the 2015 elections campaign to hold thousands of inquests into alleged unlawful killings and the coalition Government is very anxious to hold these inquests. Five years after, not a single new coroner has been appointed under this Act. Yet, they pretend to care about those who died,” the former AG added. Efforts to contact Williams were futile.
On January 14, 2016, the National Assembly had passed the Coroners Amendment Bill 2015 after a heated and lengthy debate between the Government and Opposition. According to the amended Bill, at present, the magistrate of the magisterial district in which an unnatural death occurs is the coroner.
If that magistrate cannot conveniently or speedily be found, or is unable to act, the nearest Justice of the Peace who is able to act shall be the coroner. A coroner is defined as a public official who investigates by inquest any death not due to natural causes.
The amendments to the Act effected by the Bill do not affect the law as it stands, apart from widening the meaning of a coroner. According to the explanatory memorandum, the amendment provides for the Judicial Service Commission (JSC) to appoint fit and proper persons to be coroners for the country.
A coroner shall also have the powers, privileges, rights and jurisdiction of a magistrate and Justice of the Peace as are necessary for the performance of his duties. In his presentation prior to the Bill being deliberated on, Williams had stated that Government was moving to have this Bill passed since there were a number of families who needed closure on the deaths of their loved ones.
Section 3A (2) of the amended Act specifies that “In the county of Demerara there shall be at least three coroners; in the county of Berbice at least two and in the county of Essequibo at least one.”
The Coroners Act, Chapter 4:03, states that “where an unnatural death is reported or comes to the knowledge of the coroner, he shall, subject to the other provisions of this Act, forthwith cause due investigation to be made as to the cause of that death and if necessary, hold an inquest or if the circumstances so require, shall hold an inquiry.”
Some of the cases for which a coroner’s inquest was held last year included the 2018 drowning of engineer Neil Sookram at a Soesdyke Wharf, East Bank Demerara. However, the Government’s failure to hold inquests into the extrajudicial killings that occurred in Guyana during the period 2000-2008, despite campaign promises to do so before it took office, has been noticeable.