Dear Editor,
The PPP/C through the erratic actions of some within its leadership, is manifesting a series of irregular actions that reveal a substantial malevolent disposition, directed not only towards the populace of Guyana, but also towards the impartial intermediary tasked with upholding the rule of law, namely the Judiciary.
The latest duplicitous onslaught, includes a barefaced affront on the Judi-ciary, from none other than the Attorney General Mohabir Anil Nandlall—the Government’s Chief Legal Officer.
The Attorney General was only days ago on September 18, reprimanded by Honourable Justice Jo-Ann Barlow and Honourable Justice Sandil Kissoon, both of whom affirmed that Nandlall had essentially abused the judicial process and for that was ordered to pay an additional $2.5M in costs. In dismissing the matter, the Learned Justices asserted that his foray was “unmeritorious (without merit).”
Given my involvement in the case, since I represented one of the defendants, my attention was drawn to Mr. Nandlall’s discordant, grating voice, summoned by a colleague to “come listen, to what this man (Nandlall) is saying here.”
The Attorney General was on his October 3 ‘Issues in the News’ program-me fervently deploring a matter that had been dismissed.
“Billions of dollars are being spent annually to resource the Judiciary; millions of dollars are expended, in hearing and determining these cases, the State through resources to the Judiciary, expends millions and millions of dollars to hear and determine, one of these cases.”
These were the words emanating directly from the lips of the Attorney General, who articulated in no uncertain terms, the commendable endeavours undertaken by the State to enhance the resources and infrastructure of the Judiciary, with the primary objective of facilitating the expeditious fulfilment of its constitutional mandate – the administration of justice.
He then went on to say however, “….then the State is invariably sued, through one of its arms, or agencies and the State has to find Resources, to defend these cases, Lawyers have to be hired, time has to be consumed, research has to be done, dozens of persons sometimes are engaged in one, of these cases.”
I agree with Mr. Nandlall on each point he elucidated, but in redirecting his attack on his target, to say, “….then in the end, the cases make no sense, and they are dismissed as frivolous, vexatious and without merit” I thought to myself again, it couldn’t be real, but this was short lived.
Mr. Nandlall proceeded to reveal his genuine disposition, when he expressed his dissatisfaction, asserting that the courts fail to manifest their disapproval by issuing suitable cost orders, a practice he maintains they should engage in when the circumstances justify such action.
Like true political PPP/C tacticians, he remembered to insert a caveat, “…I am not against public spirited citizens filing just cases, that’s an important part of Democracy, that’s an important part of the rule of law, that’s an important duty that citizens have to discharge, but the cases must be just; the cases can’t be fishing expeditions, the cases can’t be frivolous and abusive to the process of the Court, the cases can’t be so that persons are featured prominently in the Press.”
This, the same Honourable Attorney General was in the Full Court, handed a resounding scolding in the Judges’ now written ruling, in no uncertain terms, Nandlall, appealed a case with nothing new to show, and further the Court noted that Nandlall, despite this, “persisted with an appeal that was unmeritorious.”
He was not speaking about himself however, he was at the time publicly berating three Guyanese women patriots who challenged the potentially damaging environmental effects of the operations of Esso Exploration and Production Guyana Limited (EEPGL)—ExxonMobil Guyana.
Mr. Nandlall despite having nothing new in terms of evidence on which to legitimately appeal the case, went ahead and appealed anyways and was, after a year’s long wait, work and expending state resources, your resources, the matter was dismissed and he (Attorney General’s Chambers) was ordered to pay to the defendant, $2.5M; and further, the initial $2M payment that had been ordered to be paid to each of the defendants at the original trial, stands.
This means, that by Mr. Nandlall’s own admission, after saying, “…billions of dollars are being spent annually to resource the Judiciary; millions of dollars are expended, in hearing and determining these cases, the State through resources to the Judiciary, expends millions and millions of dollars to hear and determine, one of these cases,” I repeat, he did just that, filed a case without merit for which the State (you the citizens) will now have to pay.
Three conscientious Guyanese women, exercising their constitutionally protected prerogative to engage in the judicial process in pursuit of their environmental concerns, initiated legal action but were unable to substantiate their case before the court.
Mr. Nandlall, when that matter was dismissed, launched into a vehement and hostile verbal assault, using the most condescending reference to the “Three Brave” Guyanese women and bewailed that the Court awarded “only a $150,000 in cost.”
This, the same man, who days before was scolded by two learned Appeal Court Judges, and for which his actions will now cost your pockets—not Anil Nandlall’s pocket—your tax paying pocket, $2.5M because, be “persisted” with an appeal after the initial trial Judge had already dismissed his case, for lack of evidence, he returned with no new evidence or worthy arguments.
The defendants he filed an appeal against, and wasted your/the State’s resources on, included my client, former Finance Minister, Winston Jordan. He was sued along with the former Chief Exe-cutive Officer of the National Industrial and Commercial Investments Limited (NICIL), Colvin Heath-London and BK Marine Inc., over a contentious land sale transaction in Kingston, while the APNU/AFC was in Office.
Yours faithfully,
Roysdale Forde S.C, M.P
Shadow Minister of Legal
Affairs