Latest update March 19th, 2024 12:59 AM
Dec 18, 2018 News
Lawyers for former Attorney General, Anil Nandlall, on Friday, December 28, will address the Court on legal issues in a motion asking the High Court to quash the decision of Magistrate Fabayo Azore to overrule a no-case submission in the case in which he is accused of stealing Law Reports from the State.
On November 23, last, the City Magistrate called on Nandlall to lead a defence in the criminal matter.
The charge Nandlall faces alleges that between May 18, 2015 and May 29, 2015, being a bailee, in the then capacity of Attorney General and Minister of Legal Affairs, he fraudulently converted 14 Commonwealth Law Reports valued at $2,313,853, property of the Ministry of Legal Affairs, to his own use and benefit.
Nandlall who has pleaded not guilty to the charge is out on self bail.
Following the Magistrate’s ruling Nandlall moved to the High Court asking for a declaration that the charge for the offence of Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act, Chapter 8:01, is an unknown offence, and therefore it is in violation of Articles 40, 144(4) and 149(d) of the Constitution of Guyana.
It is Nandlall’s contention that Magistrate Azore erred in law when she overruled the no-case submission made by his lawyer and when she failed/refused to give any sufficient reason for her judgment as required by the Judicial Review Act Chapter 3:06 and that her ruling is contrary to, and in violation of, Articles 40, 144(4) and 149(d) of the Constitution of Guyana.
Lawyers for Nandlall contend that the Magistrate’s ruling should be quashed since it is unlawful, illegal, without and in excess of jurisdiction, erroneous in law, unreasonable, null, void and of no effect, and that unless restrained the Magistrate will proceed to hear and determine the matter thereby defeating and rendering the High Court action futile.
When the matter was called last week before acting Chief Justice Roxane George, lawyers for the former Attorney General were asked to address the court on certain legal issues, which had been identified by the court.
The proceedings deal with the substantive matter—the ruling of the Magistrate and an interlocutory application, which, seeks a stay of the Magistrate’s Court proceedings, until the hearing and determination of the substantive action in the High Court.
However, the application for a stay was not seen as urgent by the Chief Justice since the criminal proceedings have been adjourned to January 25, 2019. Justice George said that at the appropriate time, the Court will consider the application for the stay.
Nandlall reportedly said that when he took up post as Attorney General, he did so at a loss and it was for that reason he agitated for the State to pay for the Law Reports.
He had said that the arrangement received the blessings of then Head of State, Donald Ramotar. However, investigators are contending that because the books were bought with State funds, they cannot be the property of Nandlall. The State should not have entered into such an arrangement in the first place, they contended.
The Ministry of Legal Affairs is contending that there is no evidence of an agreement between Nandlall and Ramotar. And even assuming that there was such an agreement, the use of public funds in this manner is a flagrant violation of the Financial Management and Accountability Act (FMAA).
Nandlall was charged after the Special Organized Crime Unit (SOCU), an arm of the Guyana Police Force, completed investigations.
Pic saved in Tuesday as: Anil
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