See statement from the Guyana Police Force:
The Guyana Police Force will appeal the decision of Senior Magistrate Fabayo Azore, delivered on July 9, 2026, which dismissed two charges brought against Bryan MacIntosh, called “Bryan Max” under the Cybercrime Act No. 16 of 2018.
On November 23, 2023, Bryan MacIntosh was charged with two offences. The first offence was for using a computer system to attempt to excite hostility or ill will on the ground of race, in contravention of Section 18(1)(e) of the Cybercrime Act No. 16 of 2018, contrary to Section 18(2) of the said Act, committed against the Honourable Vice President, Dr. Bharrat Jagdeo.
The second offence was for using a computer system to attempt to excite ethnic divisions on the ground of race, in contravention of Section 18(1)(e) of the Cybercrime Act No. 16 of 2018, contrary to Section 18(2) of the said Act.
The charges originated from a Facebook Live video posted by Bryan MacIntosh during which he is seen and heard saying, among other things:
“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.”
Bryan MacIntosh 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, among other things, that:
“the prosecution must adduced evidence that the accused attempted to promote or encouraged division between the ethnic communities of Guyana on the ground of the race.”
The Court further held that, based on the words led 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.”
Having carefully reviewed the Court’s ruling and the evidence adduced during the trial, the Guyana Police Force is of the considered view that the evidence was capable of establishing a prima facie case and that the decision of the learned Magistrate warrants appellate review.
Accordingly, the Guyana Police Force will appeal the decision.
