Nandlall asks High Court to quash Magistrate’s ruling

Former Attorney General and Legal Affairs Minister Anil Nandlall through his lawyers has filed a motion in the High Court asking that the November 23, 2018, ruling by Magistrate Fabayo Azore be quashed and the charge of “Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act, Chapter 8:01” be thrown out.

Magistrate Azore ordered that Nandlall lead a defence on December 6 after overruling the no-case submission made by his lawyers in relation to the charge, which alleges that he stole some 14 Commonwealth Law Books worth $2.3 million.
However, following the ruling, Nandlall immediately indicated that he would be appealing such which resulted in the filing of the High Court proceedings. Chief Justice (ag) Roxane George is scheduled to hear Nandlall’s application on December 13.
In court documents seen by <<<<Guyana Times>>>>, Nandlall is asking the court to declare that the charge for the offence of “Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act, Chapter 8:01”, is an unknown offence therefore it is in violation of Articles 40, 144(4) and 149(d) of the Constitution.
His lawyers are contending that the ruling is contrary to, and in violation of, Articles 40, 144(4) and 149(d) of the Constitution of Guyana. Therefore it should be quashed since it is unlawful, illegal, without and in excess of jurisdiction, erroneous in law, unreasonable, null, void and of no effect. Additionally, his lawyers are contending that unless restrained Magistrate Azore will proceed to hear and determine the matter thereby defeating and rendering futile the Fixed Date Application.
The application added that if the Magistrate proceeds to hear and determine this matter before the determination of the Fixed Date Application, there is every likelihood that there will be a miscarriage of justice. He is also seeking costs from the court.
Nandlall’s application was made on the grounds that Magistrate Azore erred in law when she overruled the no-case submission and when she failed/refused to any sufficient reason for her judgement as required by the Judicial Review Act Chapter 3:06.
The former Attorney General was on April 27, 2017, released on self-bail after he was charged for fraudulently acquiring and converting Commonwealth law books to his own use and benefits, property of the State.
On April 24, 2017, Nandlall was called in to SOCU headquarters for questioning in relation to the Commonwealth Law Books. The day after his detainment, the attorney took to the High Court and filed legal proceedings against Attorney General Basil Williams, SC, to prove that the 14 law books are his property.
Following the legal arguments in court, the Chief Justice (ag), Roxane George had granted the Conservatory Order, restraining officers of SOCU and the Guyana Police Force from seizing or detaining the said books.
Nandlall had explained to the media that when he was appointed Attorney General, he requested as part of his contract of service for the Government of Guyana to stand the expense for his subscriptions for the Commonwealth Law Books. He had subscribed to Lexis Nexis, the publishers of the Law reports. Insisting that nothing was abnormal about the practice, the former AG had argued that it was done by other Government Ministries such as Finance and Health.
He had expressed awareness that for decades prior, the Government had paid for professional and technical publications, journals, periodicals, magazines. This, he said, had been done for Ministers as well as professional and technical personnel.
His contentions were corroborated publicly by then President Donald Ramotar. However, two days later on April 27, 2017, Nandlall was arraigned before Georgetown Magistrate Fabayo Azore on a charge instituted by members of SOCU.
Nandlall continues to maintain that the accusation laid against him by SOCU was instigated by current Attorney General Basil Williams because he [Nandlall] continues to criticise his [Willams’] performance.