Nandlall case stalled as SOCU appeals for “more time”

Law books vendetta

…prosecution not ready to proceed

Two weeks after charging former Attorney General Anil Nandlall for converting to his own use and benefit, 14 Commonwealth Law Reports, valued at $2.3 million — which he allegedly unlawfully retained after demitting office in 2015, the Special Organised Crime Unit (SOCU) requested more time to present statements when they appeared before city Magistrate Fabayo Azore on Tuesday.

SOCU’s request caused quite a stir during the proceedings at the Georgetown Magistrates’ Courts, as Nandlall’s attorneys, including Priya Manickchand, questioned the grounds on which the former AG was charged.
“The prosecution has said that they would like time to complete their investigations to present statements. That could not be right. The Constitution, under Article 144, guarantees that [if] Mr Nandlall is charged, he is entitled to those statements. It couldn’t be right that they charged Mr Nandlall and now they’re looking at his statement and they need until the 29th of this month to find those statements. Then on what basis was Mr Nandlall charged?” Attorney-at-Law Sanjeev Datadin questioned.
He contended that Nandlall’s constitutional rights were violated, as the prosecution failed to provide the witness statements which should have been reviewed before the charge was laid against the former AG.
“What if those investigations that they are now conducting… [what if the] result disclosed that Mr Nandlall has not committed a criminal offence, then what happens then? He would have been charged for what reason? On what basis? We don’t know. We’ve raised this concern with the Magistrate. We’ve told the Magistrate clearly that what they have done by not providing Mr Nandlall’s witness statements is a violation of his constitutional rights and they should have had these statements ready before they charged Mr Nandlall,” Datadin told the media.
Nandlall was called in to SOCU Headquarters on April 24, 2017 for questioning in relation to the Commonwealth Law Books. He later filed legal proceedings at the High Court against Attorney General Basil Williams, to prove that the 14 law books were his property. Following legal arguments, the acting Chief Justice, Roxane George granted the Conservatory Order, restraining officers of SOCU and the Guyana Police Force from seizing or detaining the said books.
Addressing members of the media, Nandlall stated that when he was appointed Attorney General, he had 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.
His contentions were corroborated publicly by then President Donald Ramotar.
Nonetheless, three days later (on April 27, 2017), Nandlall was whisked away from his law office by SOCU officials to their Headquarters. As members of the media arrived at the office, they witnessed Nandlall being brought out by SOCU officials, who indicated that they were taking him to the Georgetown Magistrates’ Courts.
Nandlall was arraigned before Magistrate Azore on the charge of fraudulent conversion.
Defence Attorney Glen Hanoman successfully argued for self-bail on the grounds that his client was a former Attorney General and Minister and, in 19 years of legal practice, had never had an incident.
Nandlall continues to maintain that the accusation laid against him by SOCU was instigated by his successor, AG Williams because he continues to criticise his performance.
The former Attorney General expressed conviction that he was being persecuted, and he said this was one of several attempts to embarrass and silence him and to break his spirit. He insisted that the charge should not have even been filed, since he had already begun proceedings in the High Court.
“The Constitution is very clear: A magistrate ought to defer to the superiority of the High Court and the superior law of the land. Hopefully, at an appropriate stage, that application will be made and it will be dealt with,” he said.
The matter stands adjourned to May 29, 2017 before Magistrate Azore.