Chief Justice Ian Chang has ordered Police Commissioner Leroy Brumell, Deputy Commissioner Seelall Persaud, and Detective Corporal Chetram Sewsankar to show cause why the perjury charge they instituted against Anand Sanasie should not be quashed.
Following the charge of perjury made against Anand Sanasie in his capacity as the Secretary of the Guyana Cricket Board, an application was made by Mr. Sanasie, through his lawyer Roysdale Forde, to Chief Justice Chang.
This charge had its genesis in a letter from the Attorney General’s chambers directly to the Minister of Home Affairs based on instructions from the President Donald Ramotar and a subsequent letter issued by the Minister of Home Affairs to the Commissioner of Police directing an immediate investigation into the affairs of the Guyana Cricket Board.
Both of the above letters were tendered as exhibits in the supporting affidavit sworn to by Anand Sanasie dated July 19, 2012.
Several months ago, the government swooped down onto the Offices of the GCB and seized all the records and computers.
Several residences of GCB’s officials were also searched and so far not a single charge has been instituted against anyone.
Instead, a charge of perjury was instituted against Mr. Sanasie for making a false declaration in one of his earlier affidavits. The purported false declaration surrounds his statement that he held the property of the GCB in trust as the Secretary of the GCB.
Mr. Sanasie and his attorneys have contended that the words “in trust” do not connote ownership but mere possession and as Secretary everything in the Secretariat is under his responsibility and should be held accountable.
Justice Chang also asked Chief Magistrate Priya Sewnarine-Beharry or any other hearing Magistrate to show cause on August 6, 2012, why they should not be prohibited and or prevented from proceeding to hear and determine the charge of perjury against Anand Sanasie on the ground and for the reason that the advice of the Director of Public Prosecutions or her decision to recommend or to accept the recommendation from Officers of the Guyana Police Force is, ultra vires, wholly in excess of jurisdiction in that there exists no evidence to support the charge.
They are to make another court appearance on August 6.
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