By 
The professionals I absolutely dread going through the process of consulting are lawyers. If I needed the service of a lawyer on a regular basis I would have considered going to law school although, I have no personal interest in the field, but I would’ve enrolled just to get the knowledge to help myself.
I have never encountered a good lawyer in Guyana, and this is my assertion based on my own experiences. When I think about the encounters I’ve had, words such as snobbery, classism, sexism, unprofessionalism, partiality and lack of knowledge engulf the memories. Others may have had positive experiences and encountered very knowledgeable, professional and impartial lawyers. However, I can’t comment on the good ones because I’m yet to meet one.
The beginning
The first time I sought the advice of a lawyer was in 2011 after I found myself blacklisted at the Cheddi Jagan International Airport. I was not allowed to board the plane and I was not informed in writing or verbally that I could not leave the country. The year prior, my medical school scholarship was taken away unjustly, leaving me broke, depressed and homeless while others including the daughter of the head of the presidential secretariat, the late Roger Luncheon were allowed to continue their studies in Cuba after facing personal difficulties and returning to Guyana.
Why was I blacklisted? I was not allowed to return to my university by the Ministry of Public Service in Guyana although the Cuban university officials told me that I could and I was not given a job by the government, yet I was ‘blacklisted’. The Government of Guyana not only breached the contract it signed with me but it engaged in discriminatory practices. Furthermore, I was racially discriminated against by Soyinka Grogan, an Afro-Guyanese employee of the ministry whose role it was to assist me but instead she chose to engage in the most unethical behaviour. I wrote about my ordeal in the media (https://www.kaieteurnewsonline.com/2020/08/27/the-ministry-of-public-service-discriminated-against-me-and-violated-my-constitutional-rights/), it was covered by a newspaper (https://www.stabroeknews.com/2017/06/11/news/guyana/high-court-deemed-name-blacklist-unlawful-2012-woman-still-forced-produce-court-order-travel-today/) and I wrote about it on my blog (https://lifeingy.com/constitutional-violations-and-discrimination-by-government-officials/).
Well, after I was prevented from leaving the country in July 2011, I reached out to various persons for help with the situation. I wrote to the then Attorney General (AG) who is also the AG presently, Anil Nandlall. I got a call from the Ministry inviting me for a meeting. Unfortunately, when the AG saw me, he asked if my lawyer wrote the letter. It was as if I looked too ‘dumb’ to be able to write a letter by myself. I had referred to certain clauses of the Constitution of Guyana. Anyway, I got no help from him.
Then after telling an acquaintance about my problem, he told his friend who was a minister. The minister agreed to see me but that turned out to be another dead end and further bolstered the unfavourable image in my mind about the way the VVIPs treat ordinary people in the country. This man, who I believe is now a private citizen, begun the conversation with me in the crudest manner. I met him in his office at the ministry. He said that I was a ‘jackass’ for giving up my scholarship. Although, what he stated was wrong, I was more offended by the manner in which he was speaking to me and the name calling. I told him he couldn’t speak to me like that and he said something to the effect that if I didn’t like how he spoke the door was there for me to leave. So, I just got up and left. The ‘meeting’ lasted for about 2 minutes!
Accused of seeking free advice
From July to November 2011, I was just writing letters and telling persons about this matter without any progress. One of the persons I spoke with actually accused me of trying to get free advice from him! Unlike a doctor who could probably make a quick diagnosis about a simple illness on the spot and recommend treatment if I told him/her about my symptoms while having a friendly conversation how can the ‘informal’ advice of a lawyer I’m having a conversation with actually help me when the matter will have to be taken to the court for it to decide? Plus, based on my own research which included downloading and analysing a copy of the Constitution of Guyana, I felt in my bones that what had been done to me was completely wrong and even using bare ‘common sense’ I knew that correct protocols were not followed by the GoG.
Back to the lawyer…I was on the University of Guyana Campus and ended up having a conversation with a man who was the Head of the UG Law Department, and he claimed that he was also a judge at the Caribbean Court of Justice (CCJ). So, I told him about my issue. He listened then said that the only thing he felt the Ministry of Public Service did wrong was charge me 70% interest and maybe I could get that reduced. He saw nothing wrong with me being blacklisted or not being allowed to continue my studies. Then he accused me of trying to get free advice from him! No wonder he was no longer a judge at the CCJ as he claimed…
The first lawyer’s letter
One day in November 2011, while telling a JP at Maraj Building about the blacklisting issue, he introduced me to a friend of his who was a US based Guyanese and after telling this man my story he immediately suggested that I take the legal route. He even took me to a lawyer nearby and paid for a ‘lawyer’s letter’ which was sent to the Minister of the Ministry of Public Service, Dr Jennifer Westford; she did not respond. And when I had approached Dr Nanda Gopaul with the issue of not being allowed to continue my studies in 2010, this same minister told him that I have a boyfriend in Guyana. Apparently, that was why she couldn’t assist me however, if I had a boyfriend or not how was that relevant? I was 23 years old when I was sent to Cuba. I believe that racism played a great role in her refusal to assist me.
Meeting the ‘screeners’ and unprofessionalism
In Guyana, one of the most classist and snobby groups I’ve encountered are lawyers. Many feel that they are superior, and the ‘commonfolk’ are underserving of their ‘elite’ service. And many have perceptions about Indo-Guyanese women and girls which are reflected in the way they treat them. The brown woman is perceived to be an idiot without financial resources who spends her time in the home cooking, cleaning and being controlled by male family members.
Many lawyers in Guyana have ‘screeners’ and the ones without probably can’t afford one as yet. These screeners/receptionists determine whether one is ‘worthy enough’ to see the great lawyer. On many occasions I’ve been asked to state in detail why I want to see the lawyer by these screeners in the reception area. Other clients and employees would see the person and hear everything that is being said. Then the screener would determine if one can proceed to the lawyer. The ‘potential’ client gets no privacy and confidentiality from the onset and at the same time they are most likely being judged on appearance and whether they have financial resources or not. Saying that it’s a civil or criminal matter that one would prefer to discuss with the lawyer will not get you past the screener. Imagine if one was raped/sodomised then one would be further victimised by having to state in detail in the presence of all, why she/he wants to see the lawyer. This is how the law offices I’ve visited in Guyana operate. A complete lack of privacy, confidentiality and respect for the ‘potential’ clients. Furthermore, after going through this undignified process and everyone knowing your ‘business’ the receptionist would then make his/her judgement without speaking to the lawyer or sending you to him/her. I’ve heard ‘you have no case’ or ‘the lawyer doesn’t deal with that kind of matter’. Worst yet if you visit the office of a ‘top lawyer/law firm’, you’ll never see the lawyer’s door. I’ve had such experiences at Poonai & Poonai, Cameron & Shepherd and others in that category.
Meeting the lawyers
I sought consultation with lawyers about three (3) matters in my life:
1) Neighbour burning garbage – In this country people are allowed to open businesses including restaurants without having a proper place and/or facilities for their venture. My neighbour was making me constantly sick due to the fact that he was burning all the waste material including Styrofoam boxes and plastic from his business on a daily basis and he was deep frying all the restaurant food on an outdoor set up which was also creating a lot of smoke. During the years I spent trying to get him to stop burning and use the dump trucks instead, like everyone in the village I wrote to and visited various entities including the NDC, RDC, Ministry of Local Government and EPA without getting the required assistance. I even paid for a ‘Lawyer’s letter’ to be sent to this man but that wasn’t a deterrent. Eventually I turned to the media and that was the only entity that ‘frightened’ him. As far as legal remedies go, I only sought the ‘lawyer’s letter’. I wrote about this matter here, (https://lifeingy.com/air-pollution-indifference-and-corruption/). No complaints about the lawyer since I only saw one and the only thing I requested was the letter.
2) Workplace discrimination – Since I began working as a public-school teacher I’ve faced discrimination. While Indo-Guyanese are the largest ethnic group in the country the vast majority of public servants including teachers are Afro-Guyanese and most persons in supervisory positions are Afro-Guyanese.
When I was hired the appointment letter stated that after 4 years of serving at one school I can apply for a transfer to another and that I must seek teachers’ training. Well, from the moment I started at my workplace (Ann’s Grove Secondary School) I faced racism, abuse and other forms of mistreatment from Afro-Guyanese teachers. And complaining to the education officers who were also Afro-Guyanese got me nowhere, in fact my plight became worse. They engaged in tribalism/racism themselves and told the HM of Ann’s Grove Secondary School, Cindy Cooper – Crandon/Cindy Crandon that I sought a transfer so she decided to make my life more uncomfortable and of course I was denied the transfer. Even the education officers were so biased that once I sought a private apology (not in front of teachers and students) from the cleaner and I couldn’t even get that. She was chatting with other teachers in a group about fake body parts and when I passed the table she grabbed my backside twice! While I do believe that there wasn’t anything sexual about her actions, I couldn’t allow people to just grab my backside or breasts at my workplace. If I said nothing I was basically sending a message that I was OK with it so I told the DHM, Karen Bishop and after the apology was not forthcoming I told the officer, Loren Park when he visited the school and still I couldn’t get a simple ‘sorry’. That was just one incident in a series that showed me how valued I was as an employee.
After the education officers refused to transfer me, my situation at the school became worse and my mental and physical health deteriorated so I went to see a few lawyers. A female lawyer at Maraj Building told me that I should just try to ‘talk’ with the people. And a screener at Luckhoo & Luckhoo told me that he didn’t see anything wrong with the cleaner groping me so of course I wasn’t allowed to see a lawyer there. Then a lawyer, Mr Jackson (from Templar Chambers) strung me along and wasted my time. He asked me to outline the problems I was having at the school and after doing so he said that he didn’t see ‘just cause’ for legal action to be taken, below summarises what I alleged to him.
1) The MOE failed to address my allegations of workplace victimization although aware of my plight through my interaction with the Secondary Officer, Regional Education Officer, Ministry of Education and the press.
2) I alleged that I was groped by the cleaner yet I never even received an apology from the person nor was I made aware of any internal investigation and the outcome. I informed the Deputy HM (Karen Bishop) of the incident on two occasions. She never told me whether she asked the cleaner about the incident (I received no feedback). I also described the incident in a ‘Letter to the Editor’. My letter was published in the Kaieteur Newspaper. There was no response from the MoE via the press or privately. During a visit to the Dept. Of Edu. (I was taken there by my HM and DHM) I informed the secondary officers (a GTU rep was also present) of my situation at the school including the incident with the cleaner where I received no apology. Shortly after I saw the secondary officer at my school, he did not speak to me, I was not made aware of whether he was investigating my claim(s) and I never received an apology from the cleaner.
3) I alleged that I was threatened with bodily harm by the DHM. The incident was witnessed by teachers and students and occurred during working hours in the Ann’s Grove Secondary School building. The HM did not enquire from me about the incident. Although, I described this matter in another ‘Letter to the Editor’ which was published in Kaieteur News I was not made aware of any internal investigation nor did I receive an apology from the DHM. The MoE did not respond to my published missive.
4) At the end of last term, I completed my teacher’s assessment along with others from the English dept in the presence of the Head of Dept who was guiding us on how to assign scores to ourselves. This assessment is several pages and covers many different areas. At the end of the assessment the percentages of all teachers fell within the ‘A’ grade including mine. Later, the HoD approached me and said that my grade was changed to a ‘D’ because of the incident with the Deputy threatening me. On the day of the incident the HoD was not even present at school! I told her that areas that she gave me one point for were never identified as issues, meaning that she did not at any time during the term speak to me about being weak/failing in those areas. I found the excuse illogical. Also, my score could affect a future application for promotion within the profession.
5) When I was hired by the Teaching Service Commission in 2012 the appointment letter stated that ‘You may request transfer to another school giving one (1) month’s notice after serving a period of four (4) years in a coastland school or two (2) years in a hinterland/riverain school, except you are permitted to enjoy one of the exceptions of the transfer policy.’ I sought a transfer from my school in 2016 – four years after being hired – from the then Secondary Officer, Ms. Tiffany Harvey at the Dept. Of Edu. Region 4. I told her that the school was too far from where I live, she said that this reason was not good for a transfer. So, I told her that I felt victimised at the school. She told me to write about the various incidents. After reading my letter she said that I didn’t know the meaning of the word ‘victimisation’ and she proceeded to humiliate me over my outfit. She said that my skirt was too tight and forced me to stand up and turn around. Her secretary was present (a former student of mine). I felt so humiliated by this that I ended up in tears. Ms. Harvey never produced any document to show that I had breached the dress code for teachers. After this incident in January 2017, I sought a transfer again from the new Secondary Officer (Ms. Harvey was promoted). This Officer asked me to make several copies of my letter seeking a transfer. I did this and handed them to her. When I returned later to enquire about my transfer request, the Secondary Officer (Ms Atkinson) said that the REdO (ag), Ms. Harvey has declared that the only place I can be transferred to is out of Region 4. This was not a feasible solution for me since I lived in the middle of Region 4.
6) My appointment states, ‘You are required to commence Teachers’ Training at the Cyril Potter’s College of Education to upgrade your status within two years from the date of this appointment, failing which, your services shall be terminated.’ Due to the issues at my school I often thought of leaving the profession and was not motivated to pursue training. However, after staying on for years I decided to seek training via the postgraduate diploma in education route since I was already equipped with a bachelor’s degree and this training would elevate my status to that of ‘trained’ teacher. In 2018, I begun the application process and was informed by a registration clerk at UG that I should get a letter from my school stating that I was employed there. When I informed the HM of my wish to pursue training and the need for an employment letter from her, she said that she had enough teachers already going to UG and refused to give me the employment letter. I told her that my classes were only going to be on Saturdays and that I was not going to pursue a bachelor’s degree (I already have a bachelor’s degree which was recognized by the MoE, my status is ‘Untrained Graduate’) but teachers’ training which would elevate my status to ‘Trained Graduate’. She still refused to give me the letter. I went to the Ministry of Education and spoke with Ms. Viera who said to just get the letter from the MoE and pursue my training, I didn’t need the HM’s permission. I did this and enrolled in the programme. Also, in one of my letters to the press I mentioned the fact that my HM refused to give me an employment letter when I mentioned that I needed it for teachers’ training. No response was forthcoming from the MoE. I began my programme and during the second semester my lecturer had to visit my school to assess my classroom teaching. On that day I informed the HM that my lecturer from UG was going to visit me in the afternoon to assess my teaching skills. She said to take my lecturer to her when she arrives. I did this, she said nothing other than a basic greeting to my lecturer. I proceeded to my classroom. During the class the HM entered and spoke for a while with my lecturer while I was teaching. She sabotaged my practicum. She was not supposed to enter while I was teaching. My lecturer said the HM spoke badly about me. The lecturer was upset and refuses to visit the school again, I was forced to redo my lesson at another school.
7) I have been denied access to certain areas of the school that other teachers are allowed to use. For example, for my practicum due to the fact that I planned two lessons to do with two different classes I had made arrangements to use an empty classroom. On the day of my practicum, the HM refused to let me use the room. I was forced to move from one class to another without arranging it prior. This placed me at a disadvantage for the assessment.
8) Due to the bad relationship between me and the HM, she has allowed other teachers to verbally abuse me and in the case of incidents involving me, she does not address them. I was given the subject ‘English’ to teach. I taught to the best of my abilities. I am not a trained English teacher, nor do I have a degree in English. My highest qualification in this subject is a Grade 1 at CXC. The Head of Dept.(HoD), Mbulu Nedd never mentored me and during those years I was only given the opportunity once to attend a workshop which dealt with marking SBAs, something which I was not tasked with doing at the school. Yet the HoD once complained to the HM that I was teaching English ‘like a comprehension’. She never explained what she meant by this, never produced evidence to substantiate her claim and never tried to mentor me on how to teach to suit her (I learnt during teachers’ training that there are various approaches to teaching and people have different styles). In the presence of the HM and several other teachers she said that I was incompetent, the weakest link in her dept. and nobody wanted me to be in their department. She did not relate any particular incident but made these broad statements which I found humiliating and abusive. At a later date she said that I was mentally ill. The DHM told me to teach Spanish in the entire Grades 7 and 8. The HM nor HoD never gave me any Grade 7 or 8 Spanish schemes. I was also never given any curriculum guides, just one textbook (with one workbook) for grade 7 and one for grade 8. Although, I have a Bachelor’s degree in Management, I was never given any Business periods yet teachers with just CXC passes in Business are teaching Business Studies.
9) Ms Crandon has verbally abused me in the presence of others on a number of occasions and has allowed other teachers to do the same by not addressing the matter when they occur.
10) Ms Crandon sent letters on several occasions to the Dept. Of Education requesting that disciplinary action be taken against me without giving me copies of these letters or making me aware of her intentions. I was informed by Education Officials that this is unprofessional of my HM yet these officials did not address my claims that the HM was treating me unfairly. The MoE ignored my plight and left me to work in a toxic environment.
With everything I outlined above, the lawyer, Mr Jackson did not see an issue not to mention the fact that I was being denied a transfer although entitled to such. This is how lawyers operate in Guyana.
After this, I got demotivated and can’t recall seeking out more lawyers about this specific issue. Eventually in 2020, I was ‘transferred’ informally after a bigger incident occurred. I wrote about the matter here, https://lifeingy.com/the-ministry-of-education-guyana-condoned-discrimination-by-failing-to-act-fairly-and-decisively/ and https://lifeingy.com/hgp-nightly-news-broadcasted-one-sided-story-fake-protesters/
3) The third issue I consulted lawyers about was being blacklisted at the airport in 2011 – That was a very stressful and time-consuming ordeal. I met lawyers who told me I had no case and I spoke with screeners who didn’t let me pass them. I was even verbally abused by a lawyer, the father of well-known magistrate Peter Hugh; he spoke to me as if I were an idiot. As I mentioned before, Guyanese society is very classist apart from the racism and sexism especially towards Indo-Guyanese women. If one is not from a well-known family, connected, rich or influential then one is seen as a ‘nobody’ and those who consider themselves elites in the society don’t even want to talk to you.
I met many unprofessional lawyers but there is no point to rehashing everything; the encounters were very similar. However, I finally met a lawyer, Glenn Hanoman (from Templar Chambers) who called a price that was affordable and agreed to take the case. He gave it to a female lawyer in the firm. While I was glad that they took it, I felt that they didn’t represent me to the best of their ability. I specifically said that I wanted to be present in court when the matter was called yet this female lawyer went to court twice (I believe) without me. I was not informed of the court date. I was only informed of the next hearing because the Chief Justice of the High Court, Ian Chang whom the matter was before told the lawyer that he wanted to see me in court. Imagine, after telling me about this new development the lawyers said that my presence was not necessary and made comments to me suggesting that I didn’t have proper clothing to go to court with! Usually, when I went to the law firm to speak with the lawyers I wore jeans but I didn’t intend to go to court wearing jeans. And since this was the first matter I consulted lawyers about I knew nothing about how the court system worked. I didn’t know that the case could have been thrown out if I didn’t appear in court. Frankly, if I was allowed to file the matter myself I would have done so. At one point, before meeting Mr Hanoman and getting frustrated with the other lawyers I consulted, I approached the Registrar of the High Court to find out if I could file and represent myself but I was told that I needed a lawyer to represent me.
Anyway, I went before the judge. I actually had to search for the lawyer in the corridor, she was busy chatting with her colleague when the judge walked into the room and I was told that on a previous occasion she was absent for the hearing. At the end, the judge ruled in my favour and made his decision absolute. Although, the lawyers for the Attorney General asked for more time to present their case, at the next hearing they had nothing to present and my lawyer was berated for not writing the legal documents for me correctly.
The only thing that was presented before the judge by my lawyer was the blacklisting matter so the judge ruled that the government had violated my constitutional rights and cannot prevent me from leaving the country or take my property. The matter of the government through the Ministry of Public Service breaching the contract it signed with me, discriminating against me etc., was never presented before the judge. And although the judge ruled in my favour I didn’t get back the money I spent to hire my lawyer, the cost of the plane ticket nor the cost for the accommodation I’d paid for in advance when I was stopped at the airport. I believe my lawyer didn’t request this; I didn’t know the procedure for doing so. Basically, it was ruled that the government violated my constitutional rights and I couldn’t even get back the money I spent to hire the lawyer. While the case was ongoing I had to borrow money from my sibling to pay legal fees because I was rehired as a teacher in January 2012 and only got paid in May 2012 (public servants having to wait months to get paid is another issue). The matter concluded in June 2012, so I had to repay my sibling plus had other expenses.
The aftermath
Well I have a legal document with the judge’s ruling but my name is still on a list at the airport so every time I travel I have to present this old one page document! How is this logical?
The last time I travelled out of the country I got so fed up of the interrogation and having to present my document to the Guyanese immigration officers at the Cheddi Jagan International Airport that I decided to seek further legal advice on the matter when I returned to Guyana after a short vacation.
One of the worst lawyers I’ve met
Due to my bad experiences with Guyanese lawyers, I started looking for foreigners who were practicing in Guyana but I couldn’t find any. So I went to the Guyana Bar Association and the only person I met there was the receptionist. After briefly telling her why I looking for a foreign lawyer, she said that she didn’t know any but recommended a ‘good’ local lawyer.
Well the local lawyer turned out to be a complete buffoon (can’t think of a more suitable adjective). Mr Bernard Da Silva was someone I can’t recall ever interacting with until that first meeting. I told his receptionist, a pleasant young lady that I’d like to consult with him and did indicate that this was going to be the first meeting. He probably pays her exceptionally well for her to be working for such an unrefined and unprofessional personality.
After waiting a bit she ushered me into his office and the first thing I noted was another person (an older man), either a client or relative sitting in one of the chairs reserved for clients. Although, I found this strange and it denied me privacy and confidentiality I began telling my story to Da Silva. I had to explain the entire Cuban medical school scholarship fiasco to show how I ended up being blacklisted.
From the start I noted Da Silva’s unprofessional behaviour. When I told him that I believe that the Ministry of Public Service sent my name to the immigration dept. for me to be blacklisted he instantly stated that he was good friends with the Minister of Public Service. He said that they were at law school together therefore, given their good relationship he should have refused to hear my matter if he knew he couldn’t be impartial. However, I was asked to continue and he started making nasty remarks which infuriated me. The ‘observer’ said nothing but looked uncomfortable and embarrassed throughout the meeting. Mr Da Silva said that I was giving off ‘toxic vibes’, asked if I was blacklisted from getting married and made other nasty remarks. First of all, people don’t go to doctors and lawyers when they are happy and without problems. I spoke seriously and showed how the problem was affecting me; I couldn’t smile and giggle while explaining the hassle I went through at the airport.
The meeting with Bernard Da Silva left such a bitter taste in my mouth that I tried to lodge a complaint with the body that oversees lawyers. Apparently, there is a little ‘unknown’ body that one can complain to but given the fact that this entity is hardly ever in the news I had to make several calls. Eventually, I got on to a popular lawyer who is on that committee but he was very dismissive of my complaint on the phone. So, I sent a letter to the Guyana Bar Association. This place is always in the news but actually functions more like a lawyers’ club and doesn’t address issues like unprofessional behaviour. About 2 months after, I got the Bar Association response. I was advised to lodge my complaint with the ‘unknown’ entity. By then I had gotten over my anger with the bad lawyer so I took no further action.
Now
I dread going to lawyers about anything; I have been turned off completely. Members of the public should be able to take matters before the courts by themselves and there should be a place where one can seek advice or get assistance on the process.
The Guyana Legal Aid Clinic isn’t for everyone. I visited during my ‘blacklisting’ matter and was told that this entity does not take cases against government institutions. From what I’ve heard it mainly deals with domestic violence and divorce matters. What is there for ordinary citizens when it comes to getting justice?
