Acting Chief Justice Ian Chang has ordered that the Guyana Revenue Authority (GRA) release the vehicles belonging to Narootandeo and Gharbassi Brijnanan, who moved to the High Court yesterday to challenge the lawfulness of the agency’s decision to seize and detain them.
The GRA took possession of the vehicles on Saturday and Commissioner-General Khurshid Sattaur has since said that it is part of a wider investigation into the use of vehicles imported by remigrants that began since the start of the year. Kaieteur News publisher Glen Lall, who is a close family friend of the couple and made use of the vehicles along with his wife, has since said that the move was intended to persecute the newspaper due to its reports on government corruption.
Following an application yesterday, by way of notice of motion on the part of the Brijnanans and hearing their attorney, Justice Chang directed the GRA to show cause why its decision to seize the two Lexus LX 570 vehicles, bearing registration numbers PRR 8398 and PRR 8399, should not be quashed on the grounds that it was unlawful and a temporary order should not be made absolute. He also issued the temporary order directing the GRA to immediately release the vehicles unless it can show why the temporary order should not be made absolute.
The Brijnanans contended that the vehicles were imported by them pursuant to remigration status approved by the Foreign Affairs Ministry and tax exemptions granted by the GRA, both in July last year.
As a result, they charge that the decision to seize and detain the vehicles is arbitrary, whimsical, capricious, unreasonable, contrary to the rules of natural justice, in breach of their legitimate expectations, in breach of their fundamental rights as guaranteed by Article 142 of the Constitution, in breach of the provisions of the Customs Act, unlawful, null, void and of no effect.
The matter was adjourned until September 10, when it is fixed to be heard by Justice Chang.
Lall has said that the Brijnanans have been family friends for over 27 years and admitted that he would borrow the vehicles and use them from time to time. “Both vehicles are legitimate and I am not aware of any irregularities. So, this crap Sattaur want to paint as taxes being lost is nonsense,” he said.
Sattaur on Monday told Stabroek News that the media interest surrounding the probe into whether remigrants Narootandeo and Gharbassi Brijnanan owed taxes on the vehicles and their link to Lall was being fed by Lall himself.
Sattaur said the issue was with the remigrants and the possibility that they owed over $102 million in taxes on the two luxury Sports Utility Vehicles (SUVs). He added that the investigation would need to determine how long the remigrants owned the vehicles prior to them being brought into Guyana and if in fact they were in possession of the vehicles once they were brought into the country.
The GRA boss also said the way the investigation was progressing and the Lalls’ involvement could possibly lead to the remigrants being questioned on where the money to purchase the vehicles came from. He said querying where remigrants would have obtained money to purchase vehicles was not the norm but given the ferocity with which the investigation has been attacked by the Kaieteur News owner, it would need to be further looked into.
The Brijnanans have chosen to not publically speak on the matter. Their son Navin Sankar, who is also a senior Customs Officer and was in possession of the vehicles at the time of their seizure could also not be contacted up to press time.
On Friday he had attempted to stop the seizure of the vehicles but eventually complied and drove the vehicles into the GRA’s Eccles compound. Sattaur had expressed his disappointment over Sankar’s action and he asserted that “something was amiss.”
