AG makes submissions, Nandlall to reply

The legal proceedings concerning the Red House lease challenge at the High Court resumed on Monday before acting Chief Justice Roxane George, SC.

Government’s representative, Attorney General and Legal Affairs Minister Basil Williams has made submissions, in writing to the presiding Judge. Now that these submissions have been rendered, his predecessor, Anil Nandlall, who is representing the Cheddi Jagan Research Centre Inc (CJRC), has until May 29 to reply.

The challenge was filed by the Cheddi Jagan Research Inc against the Attorney General and Legal Affairs Minister and the Guyana Lands and Surveys Commission. It disputes the State’s decision to revoke the Red House lease after its occupant, the CJRC, was given mere days to remove from the premises. In February, the Attorney General had presented arguments that supported his claim that the court had no jurisdiction over the case, since the lease was revoked by President David Granger. Williams had noted that no civil action could be brought against the Head of State if he executes the functions of his office, under Article 182 of the Constitution. However, Attorney Nandlall argued that the AG’s contentions were without merit, deeply flawed and frivolous. Nevertheless, Williams had also expressed that the Red House lease was invalid and, therefore, could not be pleaded in any court of justice, further arguing that the case should be thrown out, because the applicants, at that time, failed to make full and frank disclosures before the court. It was, however, later determined that the court had jurisdiction to hear the matter as per the ruling of then acting Chief Justice Yonette Cummings-Edwards. Nandlall had earlier this year accused the AG of pressuring the then acting Chief Justice, by signifying on several occasions that the President has a special interest in the Red House proceedings. In December last year, President Granger gave the occupant of the Red House, the CJRC, 48 hours to clear the premises. In response, Opposition Leader Bharrat Jagdeo had labelled the President’s decision “unconscionable and vindictive”. The acting Chief Justice adjourned the matter to June 29 for reports.