Justice Dawn Gregory-Barnes on Thursday declined to grant an application for a stay in the fraud proceedings against attorney Anil Nandlall in the Magistrate’s Court on the ground that a single judge in chambers does not have the jurisdiction to grant such a request.
Stabroek News was told that during a hearing at the Court of Appeal, Justice Gregory-Barnes indicated that the application should be made to the Full Bench of the Court of Appeal and not to a single judge in chambers.
Lawyers for attorney Anil Nandlall filed the application in the Appeal Court following the January 21st ruling by Chief Justice Roxane George-Wiltshire upholding the legality of the charge against him.
Last December, lawyers for Nandlall moved to the High Court to have the charge thrown out, while also asking for a stay of the pending Magistrate’s Court proceedings until a decision is made.
In citing Magistrate Fabayo Azore for errors made during his trial up until then, Nandlall’s attorneys argued that the magistrate erred in law when she overruled his submission that the offence of “Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act” is not known to the Laws of Guyana and thereafter called on him to lead his defence.
The state, however, contended that the charge was properly instituted.
In her ruling, Justice George-Wiltshire had said that while the High Court has jurisdiction to hear Nandlall’s challenge, the charge was correct in law and that he had failed to establish that a constitutional breach had occurred.
The ruling left Nandlall dumbfounded and he indicated his attention to appeal the decison and to apply for a stay of the ruling.
Nandlall stands charged with fraudulently converting over $2 million in Commonwealth Law Reports that were allegedly the property of the Ministry of Legal Affairs.
The charge states that between May 8th, 2015 and May 29th, 2015, at Georgetown, being a bailee and Attorney General and Minister of Legal Affairs and having 14 Law Reports of the Commonwealth, valued at $2,313,853 and property of the Ministry of Legal Affairs, he fraudulently took or converted the reports to his own use and benefit.
