AG “hiding” from being served court order – Nandlall

An announcement from the Attorney General’s chambers that a board for the Deeds and Commercial Registries will be appointed after legislation is passed is not going down well with the Opposition People’s Progressive Party (PPP).

According to former Attorney General Anil Nandlall, AG Basil Williams’s compliance with the Constitution and a court order compelling him to appoint the board should not hinge on such an excuse.

In fact, Nandlall is contending that Williams has been avoiding being served the court order by marshals. Purposefully avoiding a court order is a known tactic by respondents to prevent legal proceedings from going into effect.

“Since yesterday (Monday), the AG has been evading personal service of (Justice Nareshwar) Harnanan’s order by marshals of the High Court, as is required by law, by hiding out in his office,” Nandlall charged.

“The AG is, therefore, demonstrating utter disregard for the Order of Justice Harnanan and is aggravating the contempt of court,” Nandlall stated on Tuesday.

The former AG stressed that the announcement by the Attorney General of the impending appointment of a new Governing Board of the Deeds and Commercial Registries must not be misinterpreted.

According to Nandlall, it is another example of the AG’s disregard for the order of Justice Harnanan, which was issued on April 19, 2017. The order had upheld Nandlall’s arguments.

Nandlall had said that the Board was non-functional, not properly constituted, and was without a meeting for more than a year. Further, the Opposition parliamentarian had argued that Williams’ act of not appointing a board constituted multiple breaches of the Deeds and Commercial Registries Authority Act.

“That order of the learned Judge compelled the Attorney General to appoint persons to the Governing Board, in accordance with the provisions of the Deeds and Commercial Registries Authority Act, which he has failed and refused to do, since May 2016,” Nandlall said.

“In the court proceedings, his excuse for not appointing the Board in accordance with the said Act, was that he laid a Bill in the National Assembly to amend the Act, and that he was awaiting that amendment to pass in the National Assembly.”

Nandlall pointed out, however, that the pending Bill in the National Assembly was “absolutely irrelevant” to the Attorney General’s obligation to comply with and obey the law that was currently in force. That law is the Deeds and Commercial Registries Authority Act 2013.

“The fact that a law is likely to change is no basis not to comply with the law; the law must be obeyed at all times until, and unless, it is amended or repealed. It is in those circumstances that the Judge rejected the AG’s submissions, upheld mine and ordered him to appoint a Governing Board in accordance with the DCRA Act.

“What the AG has done is to continue to refuse to appoint the Board in accordance with the said Act, and in flagrant breach of the Judge’s order, has proceeded to announce a Board in accordance with the Bill that is pending in the National Assembly, which Board, he says will be appointed after that Bill is enacted.”

In contempt

Over the weekend, Nandlall had stated that he would be filing legal action at the High Court some time this week against Williams for failing to comply with the court order.

“This week, contempt of court proceedings will be filed against him, in which the High Court will be asked to commit him to Camp Street Prison for failing to obey the order,” Nandlall had said.

He had also revealed that measures were taken to get the court order served to Williams, including his lawyers writing him a letter in which the order was enclosed.

Not long after Nandlall’s statement was published, the AG chambers had issued a statement of its own, promising the appointment of the Board after the amendments were laid in Parliament.

The window of opportunity for the Attorney General to be served with the court order is rapidly closing, after the recent announcement by Minister of State, Joseph Harmon, that Williams would soon be embarking on an overseas trip.

Williams is expected to attend the Caribbean Financial Action Task Force steering group meeting in Trinidad from May 28 to June 1. He is currently the Deputy Chairman of the task force.

Asked on Tuesday whether he would proceed with the contempt of court proceedings, Nandlall stated that he would, as soon as possible.

Efforts to contact the Attorney General were futile.