GPF to appeal dismissal of cybercrime charges against ‘Bryan Max’

Days after Senior Magistrate Fabayo Azore dismissed cybercrime charges against Bryan MacIntosh also called ‘Bryan Max’, the Guyana Police Force (GPF) on Monday stated that it will appeal the decision. Police indicated that on November 23, 2023, MacIntosh was charged with two cybercrime offences. The first offence was for using a computer system to attempt to excite hostility or ill will on the grounds of race committed against Vice President (VP) Dr Bharrat Jagdeo.

The second offence was for using a computer system to attempt to excite ethnic divisions on the grounds of race. The charges originated from a Facebook Live video posted by MacIntosh during which he is seen and heard saying, among other things that “Jagdeo is pay critic everyday fa call black people hungry belly and low lives, every day he get a cheque from Jagdeo, every day, he get a good job, come come and collect lil money, come and collect a bag ah money, call them hungry belly and low lives, call the black people hungry belly and low lives, cuss deh leader, cuss deh leader and demean the leader into nothing.”
He further stated, “Critic is being given friendships deals because he does do Jagdeo work, cuss black people every day, hungry belly and nasty belly low lives, cuss dem whole day as payment for critic cussing black people, Jagdeo does give critic a big contract.” During its ruling, the Court indicated, among other things, in relation to the first offence, that “the hostility which the allegations might generate would arise from the alleged conduct attributed to Mr Jagdeo and not because of his race…. the words relied on by the prosecution contains no exhortation, encouragement or appeal inviting Afro-Guyanese people to direct hostility towards Mr Jagdeo because of his race.”

In relation to the second offence, the Court stated that, “the prosecution must adduce evidence that the accused attempted to promote or encouraged division between the ethnic communities of Guyana on the ground of the race.” As such, the court further held that, based on the words presented by the prosecution, it was unable to draw that inference, stating that “the words do not advocate separation between ethnic groups, they do not urge one ethnic community to oppose another, they do not promote racial superiority or inferiority, nor do they encourage discrimination between the ethnic groups in Guyana.” Meanwhile, having reviewed the court ‘s ruling and evidence presented during the trial, the GPF believes that there is sufficient evidence to establish a prima facie case against MacIntosh and that the decision to dismiss the case by Magistrate Azore warrants appellate review.