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Dec 11, 2014 Letters
DEAR EDITOR,
I read with great dismay, a letter appearing in the Kaieteur News edition of the 10th day of December, 2014, under the caption, “Anil Nandlall and his role in fraudulent powers of attorney’, and written by Mike Persaud.
Allow me to state from the outset, I hold no brief for Mr. Nandlall or his conduct in either private practice or while holding the office of Attorney General. I am sure that he can adequately defend himself and set the facts straight, with respect to his involvement in the said matters.
The letter aforesaid contains certain blatant inaccuracies and misinformation, regarding my Chambers, which I am under a duty to clarify. I set out the facts hereunder:
• In or around August, 2010, I was approached in my Chambers by a person who identified himself to me as Mike Persaud and who indicated that he had legal issues pertaining to land in Leguan and he was desirous of retaining me for that purpose.
• At that time, Mr. Sase Gunraj, Attorney-at-Law, was my junior in Chambers and we both attended to the issues related by Mike Persaud.
• Mike Persaud presented certain documents to us and instructed us that he believed that a Power of Attorney purportedly executed by his late father was forged by his brother, Narine Persaud.
• After obtaining additional instructions from Mike Persaud, Mr. Gunraj and I advised him that an action can be commenced based on the fraud claimed. Mike Persaud specifically instructed that he was not minded to be the Plaintiff in that action, but opted for his brother, Harry Persaud, to be so named. Harry Persaud had not accompanied Mike Persaud to our Chambers at that time.
• On the 14th day of September, 2010, High Court Action numbered 405-W of 2010 was commenced by Harry Persaud against Narine Persaud. On the said date, an Ex-parte Application for Injunction by Way of Affidavit was filed in the said matter, seeking certain injunctive reliefs.
• On the 21st day of September, 2010, the Honourable Chief Justice (ag) Mr. Ian Chang, granted the injunctions sought.
• Thereafter, a sealed and certified copy of the proceedings, along with a copy of the Order of Court, aforesaid, was served on the Defendant, Narine Persaud, via courier.
• On the 10th day of November, 2010, the matter was heard once more before the Honourable Chief Justice (ag) Mr. Ian Chang, who made the injunctions interlocutory.
• A Statement of Claim was filed in the said matter on the 29th day of September, 2010.
• A Certificate of Non Appearance was applied for and same was obtained on the 8th day of December, 2010.
• A Request for Hearing in Bail Court was filed on the 15th day of December, 2010.
• The matter was fixed for hearing in Bail Court on the 28th day of February, 2011, where Mr. Gino Persaud, Attorney-at-Law, entered an appearance for and on behalf of Narine Persaud, and sought leave to file a Defence.
• On the 14th day of October, 2011, a Statement of Defence was eventually filed for and on behalf of the Defendant, Narine Persaud, by Mr. Gino Persaud, Attorney-at-Law, after a delay of over 7 months.
• On the 17th day of October, 2011, Honourable Justice William Ramlall, sitting in Bail Court, ordered that the matter take its normal course.
• Since then, we have been awaiting a date for hearing.
The following must also be clearly noted:
• Mr. Sase Gunraj, Attorney-at-Law is no longer in my Chambers, but we have maintained a close working relationship and are in contact almost on a daily basis.
• After signing the initial documents at our office, several efforts were made to contact the Plaintiff, Harry Persaud, without success. On the few occasions that he responded, he made promises to visit our Chambers, but never did.
• Mike Persaud paid a paltry sum as a retainer, as he claimed that he did not cater for legal expenses on his trip and that he will send the balance of the fees upon his return to the United States of America. As far as I am aware, no payment on legal fees was made until a few months ago, when Mike Persaud came and paid another small sum.
• Despite not being fully paid, every necessary legal step that had to be taken in respect of the matters aforesaid was done, in a timely manner.
• As far as I am aware, Mr. Sase Gunraj was not retained by Mike Persaud, or anyone else to apply for injunctions in September, 2014, as stated by Mike Persaud in his letter aforesaid. It would be interesting to see the injunction referred to by Mike Persaud in his letter, purportedly granted by Honourable Chief Justice (ag) Mr. Ian Chang.
I hope that this clarifies the situation and if Mike Persaud is still of the opinion that my conduct and that of Mr. Sase Gunraj was not above board, he can make the complaints at the appropriate forum, and not seek a trial in the Court of public opinion.
Bibi Shadick
Attorney-at-Law
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