Judge refuses to recuse self in former, current AG libel case

Dec 09, 2021 News

Kaieteur News – Justice Priya Sewnarine-Beharry in refusing an application by Former Attorney General (AG) Basil Williams SC, for her to recuse herself from a libel case filed against him by the current AG, Anil Nandlall ruled that there is no likelihood of bias on her part.

Attorney General, Anil Nandlall SC.

Williams’ application has its origin in a libel suit filed against him on April 4, 2017 by Nandlall SC, who sought damages for slanderous statements, which he alleged Williams made about him and the theft of law books at a press conference. In response to the lawsuit, Williams had always denied the libel action, and in his defence, contended that at the time he made the statements, he was speaking in his capacity as Attorney General, the custodian of State assets, and had a duty to give transparent answers.
He had complained of Justice Sewnarine-Beharry’s granting several adjournments when the libel suit came up for hearing, and that her decision to halt the case on December 5, 2019, pending the determination of the criminal charge against Nandlall raised the likelihood of bias on the part of the Judge. Williams argued that it predetermines issues raised by him as the court attached greater importance to the outcome of the charge rather than the charge itself. He pointed to “the great disparity in the award of costs by Justice Sewnarine-Beharry against him compared with awards against Nandlall,” as proof of this biasness.

Basil Williams SC.

However, Justice Sewnarine-Beharry held that her decision to stay the proceedings was in furtherance of the overriding objective of the court to do justice to the parties. She said it was also in keeping with the court’s responsibility to actively manage cases in accordance with the Civil Procedure Rules of 2016. In this regard, Rule 25.02(1)(c)(iv) empowers the court in actively managing cases to stay the whole or part of any proceedings generally, or until a specified date or event. It is of particular importance that this decision of 5th December 2019 was not appealed,” the Judge noted in a ruling delivered this week.
In his Statement of Claim Nandlall, complained that Williams said he would be charged criminally for missing law books unaccounted for during his previous tenure as Attorney General between 2011 and 2015. Nandlall was subsequently charged in 2017 with the offence of larceny by bailee.
The charge, which was withdrawn by the Director of Public Prosecutions (DPP) in October 2020, had alleged that between May 18 and May 29, 2015, while being a bailee in his capacity as Attorney General, Nandlall fraudulently converted 14 Commonwealth Law Reports valued at $2.3M, property of the Ministry of Legal Affairs, to his own use and benefit. Nandlall had always denied the allegation, stating that the charge was politically motivated and as a result of him constantly criticising Williams’ performance as Attorney General. Nandlall’s complaint is that Williams had said at that press conference that he (Nandlall) would be charged for missing law books, unaccounted for during his (Nandlall’s) tenure as Attorney General between 2011 and 2015.