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Overruled no-case submission in Law Reports case… CJ to rule whether court has jurisdiction to hear appeal
After hearing arguments from the State, Chief Justice Roxane George has said that she will rule on whether the Court has jurisdiction to hear an appeal against a no-case submission that was overruled by Senior Magistrate Fabayo Azore, before whom former Attorney General Anil Nandlall is on trial in relation to an allegation of the theft of Law Reports.
Yesterday, lawyers for Nandlall, including Senior Counsel Neil Boston, spoke on certain legal issues that were identified by the Court earlier this month. Thereafter, the Chief Justice fixed January 3, 2019 for the State, through Attorney-at-law Leslyn Noble, to present arguments. She will immediately afterward make a ruling.
The charge Nandlall faces alleges that between May 18, 2015 and May 29, 2015, being a Bailee, in the then capacity of Attorney General and Minister of Legal Affairs, he fraudulently converted 14 Commonwealth Law Reports valued at $2,313,853, property of the Ministry of Legal Affairs, to his own use and benefit.
Nandlall, who has pleaded not guilty to the charge, is out on self-bail.
Following the Magistrate’s ruling on November 23, 2018, Nandlall moved to the High Court asking for a declaration that the charge for the offence of Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act, Chapter 8:01, is an unknown offence, and therefore it is in violation of Articles 40, 144(4) and 149(d) of the Constitution of Guyana.
It is Nandlall’s contention that Magistrate Azore erred in law when she overruled the no-case submission made by his lawyer and when she failed/refused to give any sufficient reason for her judgment as required by the Judicial Review Act Chapter 3:06 and that her ruling is contrary to, and in violation of, Articles 40, 144(4) and 149(d) of the Constitution of Guyana.
Lawyers for Nandlall contend that the Magistrate’s ruling should be quashed, since it is unlawful, illegal, without and in excess of jurisdiction, erroneous in law, unreasonable, null, void and of no effect, and that unless restrained, the Magistrate will proceed to hear and determine the matter, thereby defeating and rendering the High Court action futile.
Anil Nandlall26
The proceedings before the Chief Justice deal with the substantive matter—the ruling of the Magistrate and an interlocutory application, which seeks a stay of the Magistrate’s Court proceedings which resume on January 25, 2019, for Nandlall to lead a defence, until the hearing and determination of the substantive action in the High Court.
The Chief Justice had previously said that the application for a stay was not urgent, given that the criminal proceedings are scheduled for late next month. Justice George had indicated that at the appropriate time, the Court would consider the application for the stay.
Nandlall was previously reported as stating that when he took up the post as Attorney General, he did so at a loss, and it was for that reason he agitated for the State to pay for the Law Reports. He had said that the arrangement received the blessings of the then Head of State, Donald Ramotar.
However, investigators are contending that because the books were bought with State funds they cannot be the property of Nandlall, and in fact, the State should not have entered into such an arrangement in the first place.
The Ministry of Legal Affairs is contending that there is no evidence of an agreement between Nandlall and Ramotar, and even assuming that there was such an agreement, the use of public funds in this manner is a flagrant violation of the Financial Management and Accountability Act.
Nandlall was charged after the Special Organized Crime Unit (SOCU), an arm of the Guyana Police Force, completed investigations.
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