Latest update January 28th, 2025 12:59 AM
Feb 20, 2015 Letters
Dear Editor,
The Attorney General, Mr. Anil Nandalall, surely has very thick skin as my grandfather used to say, when describing someone that has a tendency to withstand or ignore criticism and twist issues to suit his argument.
I read the detailed statement, in Demerara Waves and the Guyana Chronicle edition of 17th February 2015, written by the Attorney General, captioned “Gov’t acted in compliance with constitutional provisions and CJ ruling”, where the Attorney General is quoted as saying “that ought to have brought an end to the matter since that application was all that was before the court. Unfortunately, the Chief Justice chose to express his views on a number of other matters”.
This statement related to the illegal spending matter that was brought by the opposition against the AG and the Speaker of the National Assembly.
He goes on to state “the pronouncement of the Chief Justice on these matters are, therefore, obiter dicta and are not binding aspects of the ruling. In short, they do not constitute the “ratio decidendi” or the reasons for the ruling”. This ruling certainly seems very much similar to the Angela Haniff vs Ramsay Ali et al matter in 2011, which resulted in the Government using the said Obiter dicta comments to carry out the most relentless and vindictive of agendas against the Guyana Cricket Board, commencing with disbanding the GCB, whose members had to eventually move to the CCJ for redress after the local courts threw out all of their submissions.
In that case, the CJ basically dismissed the application by Angela Haniff on the grounds that it was misconceived and she had no “locus standi” to bring the matter. The Hon. Chief Justice went on to make some pronouncements “Obiter Dicta” or ‘by the way’ comments that the Attorney General and his Sports Minister Frank Anthony interpreted and touted publicly to all and sundry as an Order of Court. WHAT HYPOCRICY?
Both Ministers sought to mislead the entire public in their quest to hijack the GCB with the following very deliberate actions and consequences:
(1) Disband the GCB and establish a government IMC- Totally illegal action.
(2) Seize the assets of the GCB.-Legalized highway robbery!
(3) Put padlocks on their office doors- Promoting unemployment of the Board staff and preventing innocent cricketers from plying their trade.
(4) Search the homes of their Executives- Widespread fear, harassment and humiliation of innocent citizens utilizing state resources.
(5) Prosecute members of their Executive Committee- Whimsical persecution and trial by vengeance.
(6) Enact flawed legislation to control cricket-Loss of International cricket to our shores.
Apparently, “obiter dicta” or “pronouncements” or “utterances”, as the Attorney General describes it, when made by the CJ, can be interpreted conveniently to the advantage of Mr. Nandalall and his friends. I do hope the Attorney General is not suggesting that the Honourable Chief Justice, Ian Chang, talks too much.
On another note, I do wish the Joint Opposition good luck so that Sir Fenton Ramsahoye’s wishes can be realised, or should a private citizen now institute the criminal charge?
Anand Dyal
Jan 28, 2025
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