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High Court challenge for impounded Lexus put on hold

Sep 30, 2014 News

Since the Guyana Revenue Authority (GRA) has moved to institute criminal charges against remigrant couple Narootandeo and Gharbassi Brijnanan, Chief Justice Ian Chang has been forced to put a “stay” on the civil action which was filed last month against the revenue entity.
When the matter was called up yesterday before Chief Justice Chang, he informed both parties that the court has been informed of impending criminal charges against the couple. The criminal action takes precedence over the civil action which the couple filed. Their matter will continue after the determination of the criminal case.
Attorney-at-Law Robin Hunte told Kaieteur that the lawyers for the GRA had come with a motion to discharge the Order Nisi he had filed on behalf of his clients. He explained that legal arguments were made by the two parties. Hunte added, yesterday, that the Guyana Revenue Authority did provide copies of the charges it intended to file.
The court was hearing the challenge to the two impounded Lexus vehicles seized from the remigrant couple last month.
The two Lexus vehicles were taken voluntarily to the GRA Eccles bond in late August. On September 2, the Brijnanans went to court asking for orders to be granted, and directed to GRA, quashing the decision by the entity to detain two Lexus LX 570 motor vehicles, bearing registration numbers, PRR 8398 and PRR 8399.
According to the Brijnanans, both vehicles were imported by them after their application for remigrant status was approved by the Ministry of Foreign Affairs on July 3, 2013, and tax exemptions granted by GRA via a letter dated July 8, 2013.
The court action said that the grounds for the seizures were “arbitrary”, “unreasonable”, in breach of their legitimate expectations and the provisions of the Customs Act, and were unlawful.
The Brijnanans are being represented by Attorneys-at-Law Hunte, Ganesh Hira and Manoj Narayan.
In their claims, the couple said that they have homes in Number 61 Village, Berbice, and at Continental Park, East Bank Demerara, and that they were United States residents since 1997, acquiring citizenship in 2003.
“During the years 2008 to 2012, we travelled frequently to Guyana and eventually in the year 2013, we decided to return to our country of birth to spend our golden years.”
They applied and were granted remigrant status and subsequently were given tax exemptions on the two Lexus vehicles, together with a quantity of household furniture, appliances and other items. The couple said that they were required to pay Excise Tax of 10 per cent of the CIF (Cost, Insurance and Freight) value of the two vehicles which were shipped, arriving in Georgetown last year September.
According to the Brijnanans, the vehicles were used by them, their son, Nityanand Narootandeo, who is a senior official in GRA, and “by close friends of the family”.
The Brijnanans said that they were visiting their Berbice home when they learnt that GRA officers had attempted to remove the vehicles from their Continental Park home.
“On Saturday, the 30th of August, 2014, he (Nityanand) delivered the aforesaid motor vehicles to the warehouse of the Revenue Authority located at Eccles Industrial Site, East Bank Demerara, in accordance with the instructions and directions of the officers, servants and/or agents of the Revenue Authority.”
The couple said that the vehicles have not been released by GRA and they were advised by their lawyers that the seizures were unlawful; in breach of their legitimate expectations and fundamental rights as guaranteed by the Constitution.

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