The Guyana Police Force (GPF) says it will appeal the decision of Senior Magistrate Fabayo Azore to dismiss two cybercrime charges against Bryan MacIntosh, called “Bryan Max.”
The ruling was delivered on Thursday last, in relation to two charges brought against MacIntosh under the Cybercrime Act No. 16 of 2018.
MacIntosh was charged on November 23, 2023, with two offences stemming from statements he allegedly made during a Facebook Live video.
The first charge alleged that he used a computer system to attempt to excite hostility or ill will on the ground of race, contrary to Section 18 of the Cybercrime Act. That charge was brought in relation to statements made about Vice President Dr. Bharrat Jagdeo.
The second charge alleged that MacIntosh used a computer system to attempt to excite ethnic divisions on the ground of race, also under the Cybercrime Act.
According to the GPF, the charges arose from a Facebook Live video in which MacIntosh allegedly made several statements about Dr. Jagdeo and another individual referred to as “Critic.”
In the release, police said MacIntosh was seen and heard saying, among other things: “Jagdeo is pay critic everyday fa call black people hungry belly and low lives…”
He also allegedly stated: “Critic is being given friendships deals because he does do Jagdeo work, cuss black people every day…”
However, in dismissing the first charge, the court reportedly found that any hostility which may have been generated by the statements would have arisen from the alleged conduct attributed to Dr. Jagdeo and not because of his race.
The court further stated that the words relied on by the prosecution contained no appeal or encouragement inviting Afro-Guyanese people to direct hostility toward Dr. Jagdeo because of his race.
In relation to the second charge, the court said the prosecution was required to adduce evidence that the accused attempted to promote or encourage division between Guyana’s ethnic communities on the ground of race.
The court held that, based on the words led by the prosecution, it was unable to draw that inference.
According to the court, the words did not advocate separation between ethnic groups, urge one ethnic community to oppose another, promote racial superiority or inferiority, or encourage discrimination between ethnic groups in Guyana.
But the Police Force said that after reviewing the court’s ruling and the evidence presented during the trial, it is of the view that the evidence was capable of establishing a prima facie case.
Police said the decision of the magistrate warrants appellate review. Accordingly, the GPF said it will appeal the decision.
