Nandlall calls out Dr. Alexis for alleged breach of legal ethics ahead of CCJ hearing

Jun 29, 2020 News

Former Attorney General, Anil Nandlall has raised concerns over what he describes as clear violations of several legal principles perpetrated by Grenadian Queen’s Counsel, Dr. Francis Alexis with his involvement in Guyana’s elections recount case before the Caribbean Court of Justice (CCJ).
The Grenada-born legal scholar, who currently holds the position of Deputy Chairman of the Regional Judicial and Legal Services Commis

Grenadian Queen’s Counsel, Dr. Alexis Francis

sion(RJLSC)- the body which appoints judges to the CCJ, was hired as part of the Government‘s legal team in the recount matter.
Nandlall said this is a clear breach of the conventions, which safeguard legal functionaries within the region.
According to Nandlall, one of these conventions stipulates that lawyers who sit on bodies that appoint judges should not appear before those Judges.

Former Attorney General Anil Nandlall

“This convention is grounded deeply in the doctrine of natural justice and forms part of that network of principles that protects and ensures judicial independence and fundamental justice. Dr. Alexis, in my respectful view, has egregiously violated these principles,” the lawyer said.
He stated that not only does a conflict of interest exist but as a party involved in the matter, Dr. Alexis has unwisely commented on the outcome of a live matter, which is also a clear breach of the sub-judice rules.
Dr. Alexis’ was recently quoted in another section of the press commenting extensively on the likelihood of a successful outcome of the case set for hearing next Wednesday.
In response, Nandlall noted that not only has Dr. Alexis made a public statement but has expressed his legal opinion on how the case should be decided, exposing himself to the obvious accusation that he is attempting to prejudice the outcome of the proceedings.
“A logical (consequence) of this principle is that they should not make any public statement, adopt any posture or commit any acts which may be viewed as influencing, or intending to influence, litigation pending before Judges whom they have appointed or has a responsibility to appoint.
“An ordinary citizen who violates the sub-judice doctrine is likely to be hauled before the courts for contempt. Dr. Alexis is not an ordinary citizen, in this regard.
“He has done much worse. The truth is he should never have appeared in the proceedings, in the Court of Appeal of Guyana, knowing of the likelihood of it journeying to the CCJ. His entire involvement in this case is highly reprehensible and must be condemned,” the lawyer added.

“He said that if Dr. Alexis wishes to remain a respectable jurist, he must withdraw his remarks with an appropriately worded statement admitting this gross misadventure.
“It is this type of conduct which fuels the fears of those Caribbean citizens who cling desperately to Her Majesty’s Privy Council.”
Despite the infractions committed by Dr. Alexis, Nandlall expressed full confidence in the integrity and independence of the CCJ.
He recalled that the fact that the CCJ had no difficulty in rejecting Dr. Alexis’s argument in the Guyana Court of Appeal, in the No-Confidence Motion cases, where he submitted that the term “majority” means “absolute majority” in Article 106 of the Constitution of Guyana.

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