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Court dismisses challenge against Justice Holder
…Plaintiff accused judge of abuse of privilege
The Court has dismissed a challenge against Justice Franklyn Holder over a perceived failure to make records in a case where a litigant was engaged in a property dispute with his adopted mother.
The challenge was filed by Shirland Ashton Johnson, an electrician of Cross Street, Werk- en-Rust, Georgetown.
According to court documents seen by this newspaper, in an initial action the applicant (Johnson) had moved to court to challenge Daphne Rogers, his adopted mother, for prescriptive rights to the property located at Lot 60/61 Cross Street, Werk-en-Rust.
Johnson had contended that he is entitled to prescriptive title of the property, since he occupied the premises since 1982.
Johnson said he and his family lived at the property for over 10 years and invested over $10 M in maintaining, renovating and restructuring the building in question.
But Rogers, who lives at La Parfaite Harmonie, West Bank Demerara later filed action in the High Court for possession of the property, while the matter was being debated in the Land court.
That matter came up before Justice Holder.
However during the hearing, Johnson contended that among other things, Judge Holder refused to grant leave to facilitate the cross examination of the plaintiff, (Rogers).
He claimed that “the learned trial judge refused to make (any) recordings of his lawyer‘s application for leave to cross examine Rogers.”
Johnson also noted that he was informed via public information and what appeared in the press of another matter which involves an Attorney of the State (Attorney General) in which the latter requested that his submission be recorded by the judge in question.
He added, “There was neither court recorder nor electronic equipment recording the proceeding at the hearing… A reasonable inference is that the learned trial Judge did not record the application and submission.”
The applicant therefore emphasized that his right to a fair trial outlined in Article 144(8) of the Constitution of Guyana was contravened; that law allows for right to a fair hearing through accurate writing and recording of the judgment by the trial judge.
In a decision dated December, 28, 2016, Judge Holder struck out Johnson’s affidavit in defence.
But the applicant through his Attorney, Saphier Husain challenged the judge over his alleged mismanagement of records in the case.
The case filed on April 6, 2017 listed the Attorney General, Basil Williams and Justice Holder as defendants in the matter.
The judge was represented by Attorneys- at- law Teni Housty and Attorney from the AG chambers Leslyn Noble while Johnson was represented by Husain.
The application was filed on the grounds of a violation of Johnson’s constitutional rights.
He claimed damages in excess of $100,000.
In her ruling earlier this month, Chief Justice, Roxane George, dismissed Johnson’s appeal. According to documents seen by this newspaper, Justice George refused the application, citing that it has no grounds and was an abuse of the court process.
Based on the submission proffered and in applying the part 64:08 (2) of the civil procedure rule, the CJ also awarded Justice Holder and the Attorney General, $40,000 and $50,000 in court cost respectively.
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