‘D’ Division Commander found in contempt of court

Jul 01, 2011 News

– ordered to restore two firearm licences

Justice Diana Insanally has found the Commander of the Police West Demerara Division guilty of contempt of court, and has ordered him to restore firearm licences to two West Demerara residents.
The ruling was made following legal submissions made by Mohabir Anil Nandlall, Attorney-at-Law for Applicant Shabbir Baksh and Mr. Naresh Harnanan, Attorney-at-Law for the Commander.
Justice Insanally ordered that the firearms be returned to Baksh and another applicant Ramdyal Boodhan within three weeks, failing which the Commander will be committed to prison for seven days. The Judge also ordered that he pay costs in the sum of $50,000 in each case.
In February this year, Attorney at Law Nandlall had moved to the High Court on behalf of his client seeking an Order that the Assistant Commissioner of Police, ‘D’ Division, be committed to prison for contempt, for breach of a Full Court Order made by the Honourable Chief Justice Mr. Ian Chang and the Honourable Mr. Justice Rishi Persaud, on the 3rd day of December, 2010, and further for failing to comply with the said Order which was granted against him, compelling him to return the firearms to the applicants.
According to an affidavit, Baksh, a businessman, of Lot 98 New Road, Vreed-en-Hoop, West Coast Demerara stated that on the 3rd day of December, last year, an Order was made by the Honourable Chief Justice Mr. Ian Chang and the Honourable Mr. Justice Rishi Persaud, in the Full Court for the return of his firearm.
This was after the court read the Notice of Motion on the part of Shabbir Baksh which was filed on the 10th day of September, 2010, for Writs of Certiorari and Mandamus, as well as the Affidavit in support.
The court also read the Affidavits in answer of Crime Chief Seelall Persaud and the Divisional Commander.
The court had quashed the decision of the Commander, which was contained in a letter dated July 13, 2009, revoking the applicant’s firearm licence, No. G6572, on the ground that the decision is arbitrary, capricious, unreasonable, influenced by extraneous and irrelevant considerations, whimsical, unlawful, null, void and of no effect.
The court had also initially ordered the Commander to pay cost in the sum of $40,000.
The decision to revoke the licences was made by way of a letter dated 13th July, 2009.
On December 13, 2010, Baksh’s attorney, Nandlall, had written to the commander reminding him of the court’s order. “If I do not hear from you within fourteen (14) days from the date hereof, my client may be advised to file contempt of Court proceedings against you,” Nandlall had warned.
Further, the affidavit stated, on the December 14, 2010, Ms. Paulette Kippins, a Marshal of the High Court served a true and certified copy of the said Order of Court on the Commander and explained to him that if he neglects to obey it, he will be liable to a process of execution for the purpose of compelling him to obey.
On the 3rd January, 2011, Nandlall again reminded the commander of the ruling by way of another letter.
“You may recall that by letter dated 13th December, 2010, I wrote you requesting compliance of the said Order. Notwithstanding, I am instructed that to date, you are in breach of every aspect of the said Order as outlined above. In the circumstances, if the aforesaid Order is not complied with in its entirety within 14 days from the date hereof, then I will advise my client to institute Contempt of Court proceedings against you without further notice to you.”
This letter was copied and delivered to the Honourable Attorney General, the Honourable Minister of Home Affairs and the Commissioner of Police.
However, the Commander failed and refused to comply with the said Order to return Baksh’s .32 semi automatic Pistol.
The Commander’s non-compliance with the court ruling was seen as a clear and flagrant breach and defiance of the said Full Court Order, since no appeal was filed against the Order.
Hence a contempt motion was filed and successfully obtained to compel the Commander to obey the ruling of the court.

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‘D’ Division Commander found in contempt of court

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