In yesterday’s edition of Stabroek News, it was incorrectly reported that both the Guyana Revenue Authority (GRA) and the Guyana Energy Agency (GEA) had been ordered by the High Court to reinstate fuel licences to Atlantic Fuels Inc (AFI).
It was in fact only the Guyana Energy Agency that High Court Judge Franklyn Holder had issued the order against, to reinstate licensing to allow AFI’s continued importation and trade of fuel.
The judge ruled that GEA’s Chief Executive Officer (CEO), Mahender Sharma did not have the powers of a Court to determine that AFI was guilty of breaching a regulation.
The action was between AFI and GEA only.
Stabroek News regrets the error and to apologizes to the Guyana Revenue Authority for any inconvenience caused.
In May of last year, AFI filed a lawsuit challenging the energy agency’s cancellation of its licence, asking the Court among other things, for orders of certiorari—quashing that decision and mandamus—commanding the GEA to reinstate the licence. AFI had argued that GEA’s decision was unlawful and that it had usurped its powers. The Court would so find.
In a statement yesterday, GRA noted that it was never a party to the proceedings before Justice Holder. It pointed out that it was a party to proceedings brought on behalf of Atlantic Fuel Inc. This matter was concluded on March 15, 2021, before Chief Justice Roxane George SC. It appealed the decision of the Chief Justice to the Court of Appeal in April, 2021. It stated that in August, 2021, Justice of Appeal Dawn Gregory in the Court of Appeal granted a partial stay of the payment of storage costs to the GRA. The substantive matter between GRA and Atlantic Fuels Inc, is currently awaiting a hearing and determination by the Court of Appeal.
