Applicant’s name was used without permission to file case against Haitian deportation - Court document reveals

Applicant’s name was used without permission to file case against Haitian deportation – Court document reveals

Jan 18, 2021 News

Attorney, Darren Wade

Kaieteur News – A Notice of Application (NOA) filed in the High Court has outlined some damning allegations against Attorney-at-Law, Darren Wade.
Last December, Wade had filed proceedings for Allandres Archer on behalf of 26 Haitians who were arrested and placed in protective custody at the Hugo Chávez Centre for Rehabilitation and Reintegration, pending deportation. The lawyer had successfully petitioned the High Court and blocked the deportation for the group which has since been released from custody and vanished without a trace. Their case is scheduled to come up at the High Court later this month.
However, in a new proceeding, Archer, the man allegedly behind the case which was filed to block their deportation, is contending that he never authorized Wade to use his name to file any court action against the Government in the first place.
As a consequence, he has joined forces with Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall S.C to have the matter which is scheduled to continue on January 27, 2021, struck out.
According to Court documents seen by this newspaper, Archer is claiming inter alia, that the application is made as a result of a breach of Rule 63.02 (1) of the Civil Procedures Rules (CPR) 2016.
Further, the grounds of the application stipulate that the Attorney General who is responsible for advising and representing the State on legal cases wants the matter dismissed on the basis that it would be an abuse of the court process. The document noted too, that the court is vested with the jurisdiction under Part 14.01 (1) (b) of the CPR 2016 to dismiss such matters which it finds to be an abuse of its process.

Attorney General, Anil Nandlall S.C.

The court document detailed further, that it was until after the case was filed in December that the issue between Wade and Archer, a driver who was hired to transport the Haitians came to light.
The document specified that it was while preparing to file submissions in the case, pursuant to the directions of the Court to have them laid over on January 15, 2021 for a continuation January 27, 2021 that the AG’s team obtained a video recording which contained the startling revelation.
According to the NOA, the revelations contained in the video recordings sliced at the root of the validity of the proceedings.
In the video recording obtained from the National Communications Network (NCN), Archer said that he had no knowledge that he was the person bringing the case against the Government of Guyana.
He told NCN that the Association of Haitian Nationals in Guyana had asked him to give Wade an affidavit as a witness of what transpired the night the Haitians were arrested and that was the extent of what he agreed to do.
Additionally, Archer admitted to signing some papers but he said he was not aware of what he was signing.
In light of the new information, the application noted that given that the proceedings were not validly instituted, the Court cannot interrogate a case upon which it has no jurisdiction.
“The Court must satisfy itself that the proceedings do not suffer the defect of the lack of authorization from he who seeks to move the Court,” the application added.
Further, in the document, it was emphasized that Wade as a lawyer was duty bound to inform Archer of the contents of the documents and the consequence of the execution before he signs it. Additionally, it was outlined that Wade breached his duty to the Court when he brought the action knowing that he did not have the proper authority to do same.
Further, the NOA said that this makes the proceeding which was filed by Wade; a member of the legal profession without the authority of the alleged applicant, a nullity.

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