AG denies media report as….Conflicting testimonies surface in wake of reported threat to Judge

Mar 25, 2017 News

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Attorney General (AG) and Minister of Legal Affairs, Basil Williams, has denied ever making death threats to Justice Franklin Holder during the High Court matter involving Carvil Duncan.

He has promised to take legal actions against Kaieteur News and another newspaper over reports which suggest that he threatened the Judge.
During a press conference at the National Communications Network (NCN), yesterday, Williams said that he had taken over the custody of the Carvil Duncan versus the State case from the Deputy Solicitor General, Prithima Kissoon – who is on administrative leave – when he learnt that a cross examination was ordered.
Williams related that he was accompanied by three lawyers and was forced to deal with Duncan’s lawyer, the former AG, Anil Nandlall, whom he said, was frequently “disturbing” the court.
“Now when the judge said he was going to adjourn, I asked the judge if he could allow me one last question. At the time I was cross-examining the secretary for Minister Duncan.
“She had said that every correspondence and mail that went to Mr. Duncan (and) anyone taking those mails to the Public Service Commission would directly give them to her. And so my final question to her was, whether she made records of any mail she received for Mr. Duncan and her answer was no.”
Williams said that he was satisfied with the answer and returned to his seat.
“I saw the judge was about to leave and so I said sir, “Ex abundante cautela”  – out of excessive

caution – could I inquire whether the answer ‘no’ was recorded. The Judge to my surprise, said, ‘Mr. Williams, you’re not in charge of my court’,”
The AG said that the Judge took umbrage asking if it meant that he (the judge) had intentions of deliberately not recording the answer given by the Secretary.
Williams said that he informed the Judge of his intentions and to solidify this, he made mention of an incident some years ago when he was cited for contempt by another judge whose interpretation differed from what Williams had conveyed.
The AG said that he informed Justice Holder that the Judge in his tale is dead now.
Nandlall’s account
The Minister’s account seems to differ from the account of Nandlall, who describes the utterances by Williams to Justice Holder as an unfortunate, unprofessional and unethical outburst.
Nandlall posited that this seems to be the “modus operandi” of the AG “when he loses a case or his incompetence is exposed, or he misbehaves. In his attempt to deflect blame from himself, he blames others.”
Williams’s predecessor said that the utterances to Justice Holder were witnessed by at least two State Counsel of the AG’s Chambers.
“I have no doubt he will either be forced to remain silent, or lie for him. Carvil Duncan, Carvil Duncan’s Confidential Secretary, Diana Persaud, Rajendra Jaigobin, Attorney-at-Law, members of the press, two Marshals of the High Court, my Personal Assistant Shivun Hutson, and a few persons who are unknown to me. These persons were all in the Court.”
Nandlall in a statement yesterday relayed his account of what transpired.
“After nearly three hours of futile and ineffective cross-examination which yielded no answer supportive of his case, Mr. Williams started to get agitated and accused the Judge of not accurately recording an answer from the witness. The Judge took umbrage to the accusation and an angry Williams in a loud tone of voice repeated the accusations.
The Judge, again admonished him about the accusation and about his tone of voice, Williams then blurted out loudly, “I will speak how I want and say what I want anywhere I want… Furthermore the last Magistrate who did that to me was later found dead… and I am saying so… that the last Magistrate who did this to me was found dead,”Nandlall said.

The Opposition Member of Parliament’s recollection was confirmed by Duncan yesterday during an interview.
Nandlall said that the Judge walked off the bench, without adjourning the matter.
“I had absolutely nothing to do with the Judge walking off the Bench. I maintain that the above is a fair representation of what transpired based upon my recollection. I note, that the AG is threatening to go to Court. I challenge him to do so. I have no doubt that I will be vindicated.”
Duncan was accused of being involved in the alleged purloining of $27M from the Guyana Power and Light (GPL). As a result, he was charged and a letter was sent to him by the Prime Minister – the designated authority – for him to show cause why a tribunal should not be set up by the President to look at the question of his removal from those constitutional offices that he held, including the Public Service Commission, the Judicial Service Commission and the Guyana Defence Force Commission.
As a result, the matter was taken to court on behalf of Duncan. That matter has been engaging the courts.

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