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Rodney COI…Williams’ allegations are vexatious, outrageous and sinister – Nandlall

Jul 04, 2014 News

By Latoya Giles
Attorney General Anil Nandlall yesterday categorically denied that government backdated the Official Gazette which purported to extend the life of the Walter Rodney Commission of Inquiry. The allegation was made by APNU’s Lawyer Basil Williams.
Nandlall said that allegations are totally “vexatious, outrageous and sinister”. According to the Attorney General, the allegations are obviously calculated to undermine the integrity of the Commission, which is not surprising.
Nandlall said that “it has been the agenda of Williams and his party even before the Commission was established”.
“I can only surmise that they realized that they would not be able to deal with the evidence that was likely to emerge and in fact is emerging from the Commission,” Nandlall stated.
“From the outset, they attacked the Terms of Reference….that failed…then they next challenged the integrity of Commissioner Seenath Jairam, SC. That failed…then they attacked the integrity of the Chairman Sir Richard Cheltenham, QC…All these attempts failed,” said Nandlall.
He said that the contention this time is that the extension of the life of the Commission is improper and unlawful. Williams, he said, is hopelessly wrong.
Nandlall explained that on June 23rd last, before the commencement of the third sitting of the Commission, the President sent a letter to the Chairman extending the life of the Commission until September 30th 2014. This notification was published in the Official Gazette in an extra ordinary publication dated June, 24th 2014 which stated that it was effective from June 23rd, 2014.  Nandlall stated that the Commissions of Inquiry Act, Chapter 19:03 by virtue of Section 3 gives the President the power to alter a Commission of Inquiry established under that Act.
Section 3 of the Commissions of Inquiry Act, Chapter 19:03 provides thus:
“In case any commissioner shall be or become unable or unwilling to act, or shall die, the President may appoint another commissioner in his place; and any commission issued under this Act may be altered as the President may deem fit by any subsequent commission issued by the President or may be revoked altogether by a notification to that effect published in the Gazette”.
It was, therefore, well within the power of the President to include in the publication that the extension was to be effective from June 23rd 2014.
Nandlall further stressed that Section 21 of the Interpretation and General Clauses Act, Chapter 2:01 gives the President the power to publish subsidiary legislation, such as, the notification for extension and for them to have retrospective operation.
Section 21 (2) of the Interpretation and General Clauses Act, Chapter 2:01 states:
“Statutory Legislation other than those specified in subsection (1) need not be published unless expressly required by the Act conferring power to make them, and, whether published or not, such instruments shall come into operation at the time of their making or at such other time as may be specified therein” the Attorney General stated.
He explained that the evidence taken by the Commission on June 23rd 2014, is therefore beyond any legal challenge. “A simple reading of the relevant sections of the Commissions of Inquiry Act and the Interpretation and General Clauses Act would have saved Williams from much embarrassment,” Nandlall said.
“It is my considered view Williams, rather than making those the objections before the Commission itself…leads me to the ineluctable conclusion that Williams not only intends to mislead the public but also to disparage the integrity of the Commission,” Nandlall lamented.

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