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PPP expresses concern over AG’s alleged utterances to High Court judge
The People’s Progressive Party Civic (PPP/C) has expressed deep concern over the alleged
Minister of Legal Affairs and Attorney General, (AG) Basil Williams
utterances of Minister of Legal Affairs and Attorney General, (AG) Basil Williams in the High Court case involving embattled Public Service Commission Chairman, Carvil Duncan.
The Attorney General, Basil Williams, had reportedly in open court accused and threatened Justice Franklyn Holder at the hearing of legal proceedings filed by Duncan against the State.
The incident prompted a meeting among judges of the Georgetown Supreme Court on Friday. The Judiciary is expected to write to the President on the matter.
The AG has however denied the allegation. He instead claimed that his statement was taken out of context.
During a Press Conference on Friday, Williams 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 the press conference, Williams explained 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.
Williams had 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, 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 a Magistrate whose interpretation differed from what Williams had conveyed. The AG said that he informed Justice Holder that the Magistrate in his tale is dead now.
However the PPP/C in a statement yesterday noted the implications such actions attributed to Attorney General.
“The PPP is cognizant of the fact that this is not an isolated incident but part of a wider policy of the Government to remove independent constitutional agencies of their institutional and functional autonomy, to malign and assault the holders of these offices and to emasculate them, so that they act in a manner in which the government wishes them to act and not in accordance with their constitutional and lawful mandate.”
“In our constitutional democracy and by virtue of the doctrine of separation of powers, the independence of the judiciary is sacrosanct and indispensable to the rule of law, democracy, and civil society itself,”
“In these trying circumstances, we urge the Judiciary to maintain its independence and not to buckle under pressure. We assure our judges and magistrates that we will continue to work fervently to ensure that they are able to perform the functions of their office with dignity and in an atmosphere free from intimidation and fear.
“We remind the Judiciary that they are perhaps the most significant pillar to prevent our country from sliding back to a state of authoritarianism and political dictatorship.”
It is against this backdrop, the Party noted that the Attorney General’s remarks to Justice Holder must be viewed.
The Opposition has therefore issued a call for the Guyana Police Force to immediately launch an investigation into this matter.
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