Judge dismisses Opposition’s challenge to Gov’t’s deposit of monies into Lotto Fund

Jan 06, 2013 News

Justice Dianne Insanally has dismissed legal proceedings filed by APNU Member of Parliament, Mr. Desmond Trotman, against Attorney General Anil Nandlall and has ordered him to pay $50,000 court costs.
Trotman had challenged the constitutionality and legality of the government’s deposit of proceeds from the lottery into a Developmental Fund popularly referred to as the “Lotto Fund”.
According to court documents, Justice Insanally ruled that the motion which was filed was misconceived and struck it out. Mr. Trotman was represented by Mr. Miles Fitzpatrick, S.C. and Mr. Christopher Ram.
Attorney General Anil Nandlall who issued a statement, yesterday, said that for several years now, Opposition politicians and critics of the Government including, Mr. Christopher Ram, and Mr. Anand Goolsarran, a former Auditor General, have been critical of the government on this issue of depositing money in the “Lotto Funds” as opposed to depositing same directly into the Consolidated Fund.
He said that Government’s contention has always been that it is perfectly lawful and proper and constitutional to place those monies in a fund separately and apart from the Consolidated Fund. The AG said that Mr. Carl Greenidge had moved a Motion in the Parliament last year seeking to compel the Minister of Finance to deposit these monies directly into the Consolidated Fund contending that it was unlawful and unconstitutional to deposit it elsewhere.
In debating this motion in the National Assembly, he said that Government argued that the Motion was misconceived and that the provisions of the Fiscal Management and Accountability Act, Article 216 of the Constitution and the Lotteries Act permit those monies to be keep outside of the Consolidated Fund and in a Development Fund.
Trotman’s motion had questioned whether article 216 of the Constitution and sections 21 and 38 of the Fiscal Management and Accountability Act 2003 requires all monies paid to the Government of Guyana by the Guyana Lottery Company Limited under an agreement made between the said Government and Canadian Bank Note Limited and/or the Guyana Lottery Company for the conduct of a lottery in Guyana to be paid into the Consolidated Fund.
Secondly, the motion sought to clarify whether the monies received by the government from the Guyana Lottery Company Limited ought to have been paid in the past and ought to be paid in the future into the Consolidated Fund.
It had also asked for a declaration that the failure of the Government to pay into the Consolidated Fund all the monies received from the Guyana Lottery Company Limited (GLC) under the said agreement is unconstitutional and illegal.
The Court, in dismissing the matter, found that the deposit of the monies in the Development Fund of Guyana (Lotto Fund) is in accordance with Article 216 of the Constitution, the provisions of the Fiscal Management and Accountability Act and the Lotteries Act, thereby vindicating the Government’s position. The administration hopes that this would put this matter to rest.
Trotman plans to appeal the decision.

Latest News

Judge dismisses Opposition’s challenge to Gov’t’s deposit of monies into Lotto Fund

Related

Similar Articles

The Glenn Lall Show|| February, 14th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

The Battle for Barbados: One Guyana Racing Stable faces off against...

Tyrrell breaks 12-year-old school record to claim...

Raja Pooran inspires Everest Masters to victory...

BCB saddened at the passing of the late Lennox...

Berbice Cricket Board names 15-man squad to...

Slingerz FC shines at Guyana Energy Conference...

Features/Columnists

Crowds, chaos and complaints

Why the U.S. Should Strengthen Trade Ties with the Caribbean

Guyanese leaders better learn from Ukraine

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]

Judge dismisses Opposition’s challenge to Gov’t’s deposit of monies into Lotto Fund

Share this:

Related

Similar Articles

The Glenn Lall Show|| February, 14th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Features/Columnists

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]