The legal profession mourns the loss of another giant. Rex Herbert McKay SC OR CCH died this morning. He was 95 years old.
Mr. McKay’s distinguished and sterling legal career spanned approximately six decades. He was admitted to practice law in British Guiana in the year 1956 having completed his legal education at the University of London and Lincoln’s Inn where he graduated as a Barrister-at-Law.
Almost immediately upon his return to British Guiana, Mr. McKay, through his industry, his ability to do research and his impeccable style of writing begun to make an impact in the legal profession. These were traits which obviously only improved immeasurably with the passage of time. So much so that nearing the end of his career, Mr. McKay’s knowledge of the law was almost encyclopedic.
Both in physical stature and learning, Mr. McKay was a legal colossus. He used both his imposing physical frame and his vast knowledge of the law to his strategic advantage. He acquitted himself with distinction, initially in Criminal Law, and then Civil Law; when Constitutional and Public Law began to assume prominence in the early 80s and onwards, he loomed large in that area of the law as well. Very few lawyers, not only in Guyana but the entire Commonwealth, were able to achieve such distinction in all these various and varying branches of the law.
Mr. McKay appeared in most of the leading cases of his time in Guyana in all the aforesaid areas of the law. The Law Reports of British Guiana, the Guyana Law Reports, the West Indian Reports and the Commonwealth Law Reports are adorned with the many leading cases in which he appeared, both in Guyana and in the Caribbean.
In Criminal Law, he appeared for both the defence and the prosecution. He prosecuted some of the most high-profile and politically controversial cases in the 1970s and 80s, including, the murder charge filed against Arnold Rampersaud and the arson charges filed against Dr. Walter Rodney and Rupert Roopnarine in respect of the burning of a building on Camp Street which housed an office of the People’s National Congress. From the 1990s, up until he retired, he appeared in every leading political case filed against the People’s Progressive Party Civic Government, including several Elections Petitions, for example, Ester Pereira’s.
Mr. McKay also appeared in several political cases in Antigua and St. Lucia. He also served as a Justice of Appeal in the Court of Appeal of Grenada that heard the Maurice Bishop assassination case.
In practice, he was a fierce competitor, always extraordinarily prepared and was exceptionally tenacious. If there was ever a case law authority to support the position which he advocates, not withstanding if it is reported in a most obscure source, he would find it and draw it to the Court’s attention. I appeared against him in many cases, particularly in political cases, as he was always on the opposite side. It was never an easy task. He reduced sledging at the Bar Table into a fine art and dished it out to opposing counsel with seamless and uncanny ease.
Like every counsel who appeared against him, I endured my fair share. Notwithstanding, you knew that you were facing one of the best and that realisation propelled excellence. I enjoyed the challenges and learned greatly from them.
His aggression to win was another motivating factor. If the ruling is ever against him, rest assured a Notice of Appeal will be filed and served in the shortest possible time. His zeal was exceptional and dogged determination inspiring, and sometimes infuriating.
No doubt Rex Herbert McKay has etched his name in the annals of our country as one of the greatest lawyers Guyana has produced. Not surprisingly, he was awarded silk in the mid-70s and was also bestowed with two national awards, the Cacique’s Crown of Honour and the Order of Roraima. Most recently, he was fittingly recognised by the Caribbean Court of Justice Academy of Law and honoured among 48 outstanding Caribbean lawyers and jurists.
Mr. McKay was also a sports enthusiast as well as an entrepreneur. He was a national cyclist and first division cricketer of Malteenoes Sport Club. His knowledge of cricket, football, basketball, boxing, horse racing and other sports disciplines was perhaps comparable with his knowledge of the law. He was always ready to update you on any ongoing international sports event or any sports personality. As a businessman he was engaged in a number of commercial ventures including the airline and television industry, owning and operating the once popular WRHM TV.
In conclusion, Rex Herbert McKay SC OR CCH had nothing short of an illustrious and distinguished career in the legal profession and would have impacted the lives of hundreds of lawyers over his marathon 60-year-old span of practice. His contributions will continue to guide lawyers, judges and future generations in many years to come. The void left will certainly take a long time to fill.
To his children, grandchildren great grandchildren and other relatives, on behalf of the Government of Guyana, the Attorney General’s Chambers and Ministry of Legal Affairs and personally, I offer my most profound condolences.
Inna Lillahi wa inna ilayhi raji’un.
-Anil Nandlall
