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Gas-to-Energy Court case… Attorney General should apologize for describing Guyanese as ‘obstructionists’ – Citizens urge Court
Kaieteur News – Attorney General, Anil Nandlall, SC. in an application to the High Court described the citizens challenging the Environmental Permit, granted to Esso Exploration and Production Guyana Limited (EEPGL), as obstructionists.
Attorney General, Anil Nandlall, SC
The matter was filed by Elizabeth Hughes and Vanda Radzik on March 27, 2023 through their Lawyers, Melinda Janki, Abiola Wong-Inniss, and Joel Ross.
Radzik and Hughes in an Affidavit to the Court dated July 28, 2023, urged that the statement be struck out by the AG. Further to that, they said he should apologize, since as citizens of Guyana, they were acting in the public interest.
The citizens said, “The Deponent’s description of me and my co-applicant as ‘obstructionists’ is unacceptable. It demonstrates that the Deponent believes that he can do whatever he likes and that he is a frolic of his own, unrestrained by competence, or by any understanding of his professional duties as a public servant.”
In the AG’s application filed in the High Court on July 14, 2023, Head of the GTE project, Winston Brassington gave a sworn statement indicating that the oil company was granted permission by the Government of Guyana to undertake works associated with the project, geared at lowering the cost of electricity.
Brassington told the High Court that to date, there has been no complaint by any of the land owners that their lands were entered upon without proof of ownership, lease or other agreement between them and EEPGL- ExxonMobil Guyana- or any other person and/ or entity associated with the project.
To this end, he said, “I am advised by my Attorneys-at-Law and verily believe that the Applicants are not land owners or occupiers or possessors of any legal or equitable interest whatsoever in respect of any of the lands acquired. By instituting these proceedings, they are not only busybodies, but are obstructionists to a project of national importance and fundamentally essential to the public good and interest.”
The citizens also refuted this claim, that no land owner has complained regarding entry on their private lands, and drew the Court’s attention to an ongoing dispute between Stuart Hughes (land owner) and the Attorney General. That matter was filed since February 6, 2023. The applicant in that matter is seeking among other things, for the Order made under the Acquisition of Lands for Public Purposes Act to be declared null and void and of no legal effect as it relates to his property.
To this end, Radzik and Hughes told the Court that the statement submitted by the AG was “disingenuous”. They reasoned, “They deponent knows, or ought to know, if he is indeed properly coordinating, overseeing and managing the Gas to Energy Project and also representing the AG that the acquisition of land by the Government is the subject of ongoing litigation.”
The citizens believe that the AG breached his ‘duty of candour’ to the Court by failing to disclose the ongoing legal dispute over the acquisition of lands.
Hughes and Radzik have approached the Court seeking an order to quash the Permit granted for the pipeline component of the project. They argued that the Environmental Protection Agency (EPA) approved the pipeline without any evidence that the developer, EEPGL- ExxonMobil Guyana- owns the plot of land through which the pipeline passes, contrary to the Environmental Protection Act.
The AG was added to the matter and has asked the Court to dismiss the proceedings and award costs to the respondents.
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