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Nandlall alleged theft of law reports trial… Defendant asks magistrate for adjournment in matter to allow Appeal Court to rule on order to lead a defence
After being late for his matter on Friday before Senior Magistrate Fabayo Azore, former Attorney General Anil Nandlall showed up to ask the magistrate for an adjournment in his matter.
Anil Nandlall
He is on trial in the Georgetown Magistrates’ Court for the alleged theft of Law Reports from the State. Standing before the magistrate appearing as if he had run to court, the defendant asked for his matter to be adjourned.
His reason for this is that his application to the Appeal Court for him to not lead a defence in his matters is still with that court.
He said that on October 1, last, the Court of Appeal heard arguments from the defendant as to why he should not lead a defence. However, a date was not set for ruling in relation to the arguments that were heard.
Nandlall added that an extension of stay in the Magistrates’ Court matter was not sought nevertheless; he was willing to get that done.
According to the defendant, it will be on the better side for the magistrate to grant an adjournment rather than to proceed with the matter and the Court of Appeal rules in his favour, which will quash the proceedings in the lower court.
To this the magistrate agreed and adjourned the matter until November 21. However, if the ruling is handed down before that date the defendant can return to the Magistrate Court and give his report.
It is alleged that Nandlall, between May 18 and May 29, 2015, in the then capacity of Attorney General and Minister of Legal Affairs, fraudulently converted 14 Commonwealth Law Reports, property of the Ministry of Legal Affairs, to his own use and benefit.
Nandlall has pleaded not guilty to the allegation and is out on self-bail, pending the outcome and determination of the trial.
Late last year, Magistrate Azore ruled that Special Organised Crime Unit (SOCU) Prosecutor, Patrice Henry, was able to prove every element of the offence. In the circumstances, Nandlall was called upon to lead a defence.
Nandlall’s lawyers then approached the High Court for a stay to be granted in the matter, but Chief Justice Roxane George, dismissed the appeal against a no-case submission that was overruled by Magistrate Fabayo Azore in the trial.
Attorney-at-law Glenn Hanoman is representing the defendant in the matter. Nandlall was previously reported as saying that when he took up the post of 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 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 SOCU, an arm of the Guyana Police Force, completed investigations.
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