Latest update January 29th, 2025 10:24 PM
Feb 21, 2019 News
The hearing of an application for an interim stay of the Chief Justice’s ruling in the No-Confidence Motion cases was delayed after Attorney General (AG) and Minister of Legal Affairs, Basil Williams was advised to do some “housekeeping” in relation to documents filed at the Court of Appeal.
The proceedings which were fixed for yesterday before Appellate Judge Rishi Persaud lasted for over an hour without the court even hearing the substantive matter, that is, a summons requesting an interim stay of the Chief Justice’s ruling in the No-Confidence Motion cases, and a Conservatory Order preserving the status quo ante that the President, Cabinet and all Ministers of the Government remain in office until the hearing and determination of the appeal in the matter herein.
There were glaring omissions in some of the documents.
For instance, in the matter of the AG vs. Christopher Ram, two Notices of Appeal (NOA) were filed by the Attorney General’s Chambers. The first was filed on February 5, predating another which was filed 10 days later, and also the summons
But Williams made it clear that he is not aware that a second NOA was filed. According to him, he will deal with that, adding that, it is known that he can “deal with anything”.
Justice Persaud labeled the first filed NOA as “deficient” since it was missing the name of one of the parties involved, Leader of the Opposition Bharrat Jagdeo, who was named as an interested party by the Chief Justice.
According to the Judge, he will not proceed with hearing the matters until the documents are corrected and re-filed by the AG, who insisted that the court could permit an amendment to include the name of the party that was omitted.
Justice Persaud repeatedly requested of Williams to withdraw the first NOA, as well as the summons. The Judge urged the AG, to then re-file the summons and have the affidavit in support re-sworn.
The Judge pointed out that he will not commence hearing until everything is properly filed since the matters will ultimately end at the Caribbean Court of Justice (CCJ). However, Williams did not agree and further maintained that the court can grant an amendment.
The AG said that he and his team came ready to present arguments, and as such, tried over and over to persuade the Judge to commence hearing the matters by allowing the amendment. However, Justice Persaud ruled that he does not have jurisdiction to permit such.
According to the Judge, “The NOA is defective and only the full bench (three judges) has the right to correct, or authorize a correction.” But Williams desperately tried to sway the Judge into doing what he requested, in that, he began citing case laws, some of which he apparently could not remember at the time, but said were there.
After much back and forth, the Judge asked for the opinion of other lawyers including Anil Nandlall, who agreed with the judge that the summons has to be withdrawn and re-filed, and that the initial NOA has to also be withdrawn.
Nandlall asked that the summons be dismissed until the issue with the NOA is rectified. Another lawyer said that he will abide by the court’s ruling on the issue.
In the matter of the Attorney General vs. House Speaker Dr. Barton Scotland, and another, the name of Minister of State Joseph Harmon, who was also named an interested party by the Chief Justice, was omitted from the NOA.
And according to Williams, the omission of the names does not void the applications. Nandlall pointed out that the names of Jagdeo and Harmon were added as parties at the High Court, and it is only right for their names to be included, if an appeal is to be heard.
Pressing more for the court to agree with him, Williams sought to remind Justice Persaud that he has vast powers and could grant an amendment, even as the Jude pointed out that he was merely abiding by the rules, which he did not make.
This caused the Attorney General to ask, “What has this court come to.” Nevertheless, the AG indicated that the Judge’s instructions were no difficult task for him to carry out, and that he will have the corrected documents filed today with the court.
Justice Persaud said that he was cognizance of the matters being of national importance, and as such, once his chambers receive the properly filed documents, a date in early next week will be set for hearing.
CHARACTERISTIC INCOMPETENCE
Reacting to yesterday’s court hearing, the People’s Progressive Party (PPP) said it, “Wishes to condemn this characteristic incompetence of the Attorney General (Basil Williams) in matters of national importance, which coincidentally, is symptomatic of the ineptitude across the entire spectrum of the Government”.
According to the PPP, the three-month constitutional life of the government, since the passing of the No-Confidence Motion, is rapidly coming to an end.
“We are aware that the Records of Appeal, in all these matters, have been settled on Friday, the 15th day of February 2019, and therefore, these appeals are now ripe for hearing. In the circumstances, we call upon the Chancellor of the Judiciary to fix these appeals for hearing, immediately, rather than have precious judicial time and resources be expended on identifying and rectifying blunders in Applications for Stay of Execution.”
The PPP said that requests for an early hearing in these appeals have been made to the court via letters, as well as by Notices of Motions.
“We have also made an Application to the Caribbean Court of Justice (CCJ) to fix an early date for the hearing and determination of our appeal pending in that Court, which was filed against the decision of the Guyana Court of Appeal, in relation to the appointment of Rtd. Justice James Patterson, as the Chairman of the Guyana Elections Commission (GECOM). We will continue to accelerate all efforts possible to have that appeal heard earliest.”
Jan 29, 2025
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