Justice James Bovell-Drakes yesterday adjourned the first day of oral arguments between lawyers of the warring factions of the Demerara Cricket Board (DCB) in the Supreme Court until Thursday at 13:30 hours.
Lawyer representing the defendants, the Bissondyal faction, Anil Nandlall said yesterday many submissions were made during proceedings but these cannot be discussed since the matter is being held in chambers. He said that oral arguments will resume on Thursday.
Efforts to contact lawyer for the plaintiff, Roysdale Forde were unsuccessful.
Justice Bovell-Drakes had granted an injunction on February 9 barring Bissondyal Singh and members of his faction of the DCB from acting as president and performing any duties of the Board pending the hearing of a matter on February 14.
At that hearing Justice Bovell-Drakes had granted the defendants, Singh and his executives, time to produce an affidavit in response to the claims that were brought by Krishnchand Mangal, the secretary of the rival faction.
The parties were then ordered to return to court on February 28.
On February 9, Singh and his executives were restrained from “acting, operating, performing, functioning and or discharging in any manner whatsoever any of the functions, duties, and or obligations of or belonging to the DCB and also from holding themselves out whether individually as Office Bearers of the DCB and or jointly as the Executive Committee of the said DCB.”
The defendants named by Mangal are Bissoondyal Singh, Roger Harper, Pretipaul Jaigobin, Davteerth Anandjit, Samaroo Jailall, Edward Richmond, Nigel Bissu, Neil Barry, Shawn Massiah, Manoj Narayan, Claude Raphael and Ronald Williams.
The move by this faction will therefore prolong the legal battle that has enveloped the DCB after both factions held separate elections on January 22 at the Lusignan and Wales Community Centres.
In the aftermath both sides had argued they were the legitimate body to carry out the mandate of the DCB. The Bissoondyal Singh faction had met with Sport Minister Dr. Frank Anthony, named sub-committees and registered with the Friendly Society.
This had prompted Mangal to request in court that a declaration be made that the Annual General Meeting (AGM) that was held on January 22 at Wales was lawful and in accordance with the Constitution of the DCB. He also asked that a declaration be made that the election of office bearers at the Wales AGM was also in compliance with the constitution of the board.
In his claims he had stated that the election of the defendants and the AGM be declared as unauthorised and therefore should be “null, void and of no legal effect.”
Further, in Mangal’s affidavit he had stated that the actions by the defendants to appoint sub-committees and “assessing unlawfully the authority of the DCB” would harm the image of the board and bring the game into disrepute. He also said that prior to the order that was made by acting Chief Justice Ian Chang last month, the “management, suspension, promotion and organisation of the game” was at a “standstill”, claiming that there were no competitions last year.
“…That should the defendants be permitted to operate as the lawfully elected executive of the DCB it would cause substantial harm and injury to the said cricket board.
“That I am also advised by Mr. Roysdale A. Forde, Attorney-at-Law and verily believe that I have a good cause of action against the defendants,” the affidavit read.
