Demerara Distillers Ltd (DDL) yesterday asked the High Court to pronounce on the constitutionality of the appointment of Justice William Ramlal as an appeal court judge when the court’s substantive members are ready and able to sit; the legality of the court; and the legality of the appointment of the substantive Chief Justice as acting chancellor.
In a summons directed at the Attorney General, DDL also seeks answers as to whether the Constitution requires the posts of Chancellor and Chief Justice to be held by two different persons, whether acting or permanent; and whether the most senior puisne judge should not be appointed as an additional justice of appeal in keeping with the provisions of Article 130.
According to an affidavit in support of the summons, DDL had moved to the High Court for an order nisi of certiorari and prohibition directed to the Guyana Revenue Authority (GRA), which had demanded that the company pay consumption tax in the sum of $1,072,989,851. Justice Dawn Gregory-Barnes granted the order in October 2002 and made it absolute in February 2005.
GRA appealed the order in March 2005 and the hearing of the appeal began on May 9, 2006 before Chief Justice and Acting Chancellor Carl Singh, Justice of Appeal Ian Chang and Justice Ramlal. The affidavit said the appeal was adjourned twice and continued on January 23, 2007. It was then adjourned to February 14, 2007.
The document noted that when the appeal-No 20 of 2005-first opened, the full membership of the Court of Appeal: Justices of Appeal Claudette Singh, Ian Chang and Nandram Kissoon were present in the Court of Appeal building in Kingston. Further, it noted that Justices Singh and Kissoon were appointed puisne judges in 1987 and 1988 respectively, while Justice Ramlal was appointed in 2000. Two other puisne judges, Justices Claudette La Bennett and B.S. Roy are senior to Justice Ramlal.
The affidavit, sworn to by DDL General Manager Loris Nathoo also says that immediately prior to May 9, 2006 and on several dates immediately following, the original members of the Court of Appeal heard appeals. Nathoo said he had been advised by his lawyers Senior Counsel Rex Mc Kay and Miles Fitzpatrick that the Court of Appeal, as constituted to hear the GRA appeal involving DDL is unconstitutional.
As such, the summons seeks a declaration that requesting a puisne judge to sit as an additional justice of appeal as provided by Article 130 of the Constitution requires a “purposive construction of that article and the exercise of discretion which must be exercised reasonably and in accordance with judicial principles.”
It also seeks a declaration that the purported decision by Acting Chancellor Carl Singh to appoint Justice Ramlal to sit as an additional judge on the hearing of Appeal 20 of 2005 was arbitrary, and unreasonable and not in keeping with the spirit and intendment of the Constitution.
The Attorney General has eight days within which to enter an appearance in the High Court.
