Latest update December 2nd, 2024 1:00 AM
Jun 03, 2011 News
…during attempt to serve writ
Up to press time last night, a High Court Marshal and a driver attached to Opposition Leader Robert Corbin, were lodging a report at the Brickdam Police Station after they alleged that National Awardee, Carvil Duncan, attempted to run them over.
This newspaper was told that the marshal claimed he was attempting to serve a writ on Duncan at his Guyana Labour Union office on Camp Street, when he deliberately drove his vehicle into their path. The marshal has been identified as Kerwyn Murray and the driver, Mark Mc Kenzie.
Kaieteur News understands that the two received injuries to the body as a result of the incident.
The High Court on Wednesday issued an injunction and a Conservatory Order, “directing and ordering” three men from “holding themselves out as Chairman and members” of the Ethnic Relations Commission.
The court order also moved to stop the three defendants – Juan Anthony Edghill, John P. Willems and Carvil Duncan – from taking any decisions, making any recommendations or issuing any directions in the name of the Commission.
This newspaper was told that Murray and McKenzie were waiting outside of Duncan’s office for some time in an attempt to serve the writ.
“His secretary told them that he was not in the office…But his vehicle was parked outside, so they decided to wait for him. They saw him in the vehicle subsequently trying to leave his office…It was deliberate attempt to run them over,” an eyewitness claimed.
The police are currently investigating the accusation against Duncan.
Only last week Duncan was listed to receive a national award for his “outstanding” contributions.
After years of holding forth against the Ethnic Relations Commission (ERC), leader of the People’s National Congress Reform (PNCR) Robert Corbin took decisive action against what he called the “unconstitutionality” of the current ERC.
The injunction and order stand at least until the final determination of the action.
The defending parties are to return to court on Monday, when their response will be heard by the Chamber Judge, the Honourable James Bovell Drakes.
According to Corbin, his party has long been in support of the ERC, but when the proceedings of the body became unconstitutional it felt that it was time to speak up.
As such, their objections to the constitutionality were brought to the people at length and now that the case has been presented to the public they have brought it to the courts.
Corbin and his lawyers on May 23, last, compiled a long list of ways in which the ERC has violated the constitution. These are contained in the legal action.
Among the issues raised were the expired term of office of the commissioners, unconstitutional decisions taken by the defendants, lack of quorum, interference in elections and with the constitutional rights of citizens as well as issues with use of taxpayers’ money.
Corbin pointed out that the term of office of the three defendants expired in August 2007 and the National Assembly failed to follow procedures for the reconstitution of the ERC. He noted that as a consequence “anyone holding himself out to be a member of the ERC and purporting to carry on the functions of Commissioner … is without lawful authority and in breach of the provisions of the Constitution of Guyana.”
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