In a landmark ruling, Chief Justice Roxane George-Wiltshire on Friday declared criminal defamatory libel unconstitutional, delivering a significant victory for freedom of expression and dismissing the long-standing case against New York-based Guyanese political activist Rickford Burke.
Chief Justice George-Wiltshire ruled that Section 115 of the Criminal Law Offences Act, including conspiracy to commit such an offence, violates Article 146 of the Constitution, which guarantees the right to freedom of expression.
“It is declared that the resort to criminal defamatory libel to protect individual reputation is unnecessary, disproportionately excessive and not justified and or required to protect reputations, rights and freedoms of other persons and are unconstitutional as being in violation of Article 146 which is the freedom of expression provision in our constitution,” she said.
The charge of criminal defamatory libel dated back to December 3, 2021, when the Guyana Police Force (GPF) issued a wanted bulletin for Burke under several acts, including the Racial Hostility Act, Cyber Crime Act, and the Criminal Law Offences Act. A second bulletin followed on September 29, 2022, this time for conspiracy to commit a felony. Charges were formally filed on August 18, 2023, at the Vigilance Magistrate’s Court, though Burke never appeared. The court later ordered a “defendant summons” to compel his attendance.
Burke, who was represented by Senior Counsel Roysdale Forde, has long denied being properly served. In a statement during the High Court proceedings, Richard Millington, director of communications for the Caribbean Guyana Institute of Democracy (CGID), issued a scathing response.
“The Guyana Police Force is engaged in egregious lies, serious illegal conduct and fraudulent activities,” said Millington.
“Mr. Burke was never served with a document and did not sign for or accept a document,” he added, alleging that “gunmen left pieces of paper on Mr. Burke’s steps, which were retrieved and taken as evidence by the NYPD (New York Police Department).”
Chief Justice George-Wiltshire emphasized that she was obligated to consider international human rights standards under Article 39, noting widespread criticism of criminal defamation. She pointed out that Grenada, Jamaica, Antigua and Barbuda, and Trinidad and Tobago have already abolished criminal libel laws, thanks largely to advocacy from journalists and media watchdogs.
The Chief Justice also raised concerns about the procedural integrity of the case. She questioned the legal basis of claiming Burke, who has lived in the United States for 27 years, committed an offence in Lusignan, East Coast Demerara, as the charge alleged.
“If this was disclosed to the magistrate, then she most likely would have declined to have the summonses issued under her hand,” the Chief Justice said.
The court heard that Assistant Superintendent of Police Rodwell Sarabo attempted to serve the summonses to Burke in the United States in December 2023 with the help of a U.S. process server. When Burke allegedly refused to accept the documents, they were left on his doorstep. However, Justice George-Wiltshire noted that the state had not provided immigration records or other evidence to challenge Burke’s U.S. residency.
In quashing the Guyana Police Force’s effort to serve the summons abroad, she clarified that:
“Therefore, the summons only has efficacy within the geographical boundaries of Guyana. Service of a summons outside the jurisdiction of Guyana means that such service would be unlawful and therefore invalid,” she said.
Justice George-Wiltshire added that even if the service resembled civil procedure, its validity would still depend on the rules of court. The Guyana Press Association (GPA) and the Inter-American Press Institute (IAPI) have long lobbied for the repeal of criminal defamation laws, and this decision marks a significant step forward for press freedom and political expression in the region.
