CCJ slams Nandlall again for leaking confidential information

Oct 21, 2022 News

Kaieteur News – The Caribbean Court of Justice (CCJ) has issued an official statement expressing disappointment in the actions of Attorney General, Anil Nandlall SC for his release of confidential information in relation to the election petition matter.

Attorney General, Anil Nandlall SC.

In the statement, the Trinidad-based regional Court noted that like some other Apex courts, it has a practice of sending advance copies of its judgments to all the lawyers representing the parties to a case. Typically, the CCJ explained that these advance copies are provided to each counsel within 24 hours of the formal issuance of the judgment.

The intent, the court noted is to give the lawyers an opportunity not to relitigate the dispute but to comment on any perceived errors in the draft.

“The advance copies are clearly marked “Confidential”, and counsels are warned to treat with them in the strictest confidence pending the delivery of the judgment,” the CCJ said in the release.

“The Caribbean Court of Justice prides itself on the measures it takes to enhance its integrity, impartiality and independence. The judges and staff of the Court will continue to work diligently, incessantly, to build the public’s trust and confidence in the Court. In an effort to ensure that the highest standards of confidentiality and probity are maintained, the Court will continuously keep under review, its policy of sending advanced copies of its judgments to attorneys,” the statement.

As such, the Court said it was “extremely disappointed” to learn that, in a case in which the Attorney General of Guyana was a party, on the Attorney General’s Facebook account there was published, before the formal delivery of the judgment, the result of the litigation.

On Tuesday hours before the decision on the Guyana election petition was delivered by the CCJ, it was publicised on the Facebook Page of the Attorney General.

The post disclosed that the “CCJ upholds our submissions in Petition No.99: Court of Appeal decision reversed…the people won again.” Following the delivery of the ruling, the CCJ dealt condignly with the Attorney General for publicising the information from the ruling before its official release.

At the formal sitting to pronounce the judgment the following day (Wednesday 19 October), the presiding judge, Justice Jacob Wit, drew the attention of Counsel for the Attorney General to the obvious breach. Counsel readily acknowledged the unauthorised Facebook post and issued on behalf of his client, a full and unqualified apology. The Court had also been advised that the Attorney General, Anil Nandlall, has also issued an apology on his Facebook page for what was apparently a reckless error on the part of a staffer.

In the statement, the Court noted that, “The premature, unauthorised disclosure of the result of the litigation is inexcusable. It betrays the confidence of the Court and, given the fact that it emanated from the Facebook account of the person holding the office of the Attorney General, it serves to bring the entire administration of justice into disrepute.”

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