May 07, 2013 Sports Comments Off on COURT OF APPEAL RULES AGAINST ATTORNEY GENERAL
– GCB appeal against govt. to be heard
Although there seem to be a truce between the Guyana Cricket Board and the Attorney General, it appears that the parties have allowed the court actions filed by both sides to continue its normal course.
In the matter of the Guyana Cricket Board vs The Attorney General, the Court of Appeal ruled on a motion sought by the AG to squash the appeal on the grounds that the CCJ HAD NO JURISDICTION.
The Appeal was filed in June, 2012 with leave of the Caribbean Court of Justice. In effect the Court of Appeal proceedings are taking place on the direction of the Caribbean Court of Justice. At the hearing of the appeal the Attorney General had raised an objection and filed a motion in relation thereto claiming that the Appellant (GCB) were not entitled to continue with the proceedings because the Caribbean Court of Justice had no jurisdiction to make the Orders they made and the Court of Appeal of Guyana should disregard their ruling as it was erroneous.
Following arguments and written submissions from both sides the Court of Appeal made a ruling on the 5th April, 2013. The ruling was read by the Honourable Acting Chancellor Carl Singh and was expressly declared to be the judgment of the Court which also included Justices of Appeal Roy and Cumming-Edwards.
The Court of Appeal dismissed the motion of the Attorney General. The Court ruled that the motion of the Attorney General was without merit and misconceived and in addition to the dismissal of the motion also awarded costs to the Appellant in the sum of $150,000.
The Court in delivering its judgment said that the Caribbean Court of Justice was established by Parliament and the Constitution as the apex Court in the Guyana judicial system and it was entitled to make the Orders it did and any disagreement with the ruling of that Court (CCJ) should be dealt with by making an application to that Court. The Court of Appeal also ruled that an Order of Court must be obeyed and stood as valid and binding until such time as it was discharged. Without it being discharged or varied the Caribbean Court of Justice ruling had to be obeyed and given its full effect.
The Court went on to say that it hoped “that the Attorney General and his team of eminent counsel would in a sober moment reflect” proceedings and recognize that the appeal must proceed to be heard and their motion was without merit. The Court strongly emphasized that administration of justice meant that the Court system of Guyana observed the principles of the hierarchy of the Courts and that superior Courts were entitled to make orders to bind the lower courts and to guide and direct their conduct of proceedings.
The substantive appeal will be heard in full on the 9th May, 2013.
The Attorney General contracted the services of prominent attorney Steven Fraser and Associates to represent him in this matter, while the GCB is represented by Sir Fenton Ramsahoye SC, Sanjeev Datadin and Pratesh Satram.
Meanwhile, the GCB Secretary Anand Sanasie has appealed the Chief Justice decision to have perjury charges against him go ahead, on the grounds there is no evidence to support the charge and the institution of the charge was based on bias and improper motives. This appeal is also set to be heard on the 9th May 2013. Many in the cricketing circles are of the opinion that these charges were instituted against Sanasie, even though they are without merit, to exert pressure on the GCB. It appears as though both the GCB and Sanasie are standing firm.
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