Former President Donald Ramotar is scheduled to be called as a witness to be crossed examined by the Attorney General (AG) over his issuance of the lease of Red House to the Cheddi Jagan Research Committee Inc (CJRCI).
Current President David Granger had revoked the lease with effect from December 31, 2016 but the CJRCI was subsequently able to secure an order from the court against the move by government.
The conservatory order operated to freeze the government’s instruction that the High Street premises be vacated the very next day.
Government’s position has been that Ramotar never actually sanctioned the lease being issued, as is required by law.
When the matter came up for further hearing before Chief Justice (ag) Roxane George yesterday, AG Basil Williams, who represents the state, asked that Ramotar be called as a witness to be cross-examined on the issue.
Former AG Anil Nandlall, who served under the Ramotar administration and by whom the CJRCI is being represented, expressed satisfaction with Williams’ request, saying Ramotar would attend and indicate to the court that he did sanction the issuance of the lease.
Nandlall is contending that while the State Lands Act does repose in the President the power to sanction the lease of state lands, it is silent on how exactly that sanction ought to be executed.
While the AG is contending that Ramotar never sanctioned the lease, his predecessor has said that the former president was fully aware of the lease. In those circumstance, Nandlall has advanced the lease did have Ramotar’s sanction.
Granting the AG’s request, Justice George has adjourned the matter until November 1st at 9 am, when Ramotar will be taking the witness stand to face questions. The former president will be cross-examined on the contents of an affidavit he has in the matter and which the judge said will be deemed as his evidence-in-chief.
The state’s legal team includes Solicitor General Kim Kyte-Thomas and a battery of other lawyers from the AG’s Chambers.
Ramotar previously said that while he was president, he authorised and sanctioned the issuance of the lease of Red House to the CJRCI.
Williams has, however, contended that contrary to what the CJRCI had advanced, there is no evidence of formal approval or sanction by Ramotar at that time.
Williams had previously said that on May 3rd, 2006, Ramotar, on behalf of the CJRCI made an application to the Commissioner of Lands and Surveys Commission for a lease of the Red House lands. In 2010, he said that a resubmission of the application was made to the then Office of the President.
All matters relating to application for a lease, Williams said, are required to be sequentially recorded on note sheets in the case file; but he noted that in the instant case, this was not done.
The AG had gone on to state that on January 11th, 2011, a further resubmission was made but there is no evidence of any sanction by then President Bharrat Jagdeo on the purported schedule—only those of Doorga Presaud, Commissioner of Lands and Surveys and the Land Administration Manager.
Williams had said that on March 30th, 2012, however, a lease agreement was completed between Persaud, on behalf of the government, and Ralph Ramkarran SC, on behalf of the CJRCI. According to the AG, non-sanction by the then president renders the purported lease void from the outset and having no legal effect. He said it would, therefore, be incapable of constitutional protection, making the CJRCI, trespassers.
