There was high drama in the High Court on Thursday as Justice Franklin Holder walked off the bench, leaving an uncertain outcome in the substantive legal case in front of him, following a fiery exchange and alleged implicit death threats from the Attorney General and Legal Affairs Minister, Basil Williams.
Former Attorney General and Minister of Legal Affairs, Anil Nandlall
The imbroglio was prompted by a cross-examination regarding the conflicting stories submitted in affidavits by Prime Minister Moses Nagamootoo and trade unionist Carvil Duncan about the tribunal which was established to determine his removal from several constitutional posts.
As the cross-examination was coming to an end, a frustrated Williams accused the Judge of not accurately recording the evidence, and Justice Holder took umbrage to the accusation.
An angry Williams in a loud tone of voice repeated the accusation, and the Judge again admonished him about the accusation and about his tone of voice.
Attorney General and Legal Affairs Minister Basil Williams
But Williams then blurted out loudly, “the last Magistrate who did that to me was later found dead… and I am saying so… that the last Magistrate who did this to me was found dead”.
Williams’ remarks prompted the Judge to walk off the bench, without adjourning the matter.
The legal challenge filed by Duncan against the attempt to remove him as Chairman of the Public Service Commission, and as a member of the Police Service and Judicial Service Commissions.
But a conflict of facts has arisen in the various affidavits filed as the Prime Minister contends that his office served Duncan with a letter dated March 29, 2016, which was received at the Public Service Commission on April 14, 2016, calling upon Duncan to show cause within 14 days why he should not be removed from the aforesaid positions.
Duncan and his Confidential Secretary in their affidavits swore that no such letter was ever received at the Public Service Commission. They both contend that indeed a letter from the Prime Minister’s office was received on April 14, 2016, but that letter, addressed to Duncan, informed him of a Public Service Conference which was to be held in London, England later that year.
In order to resolve this conflict in the affidavits, Justice Holder ordered the persons who swore the affidavits be cross-examined.
Commenting on the Attorney General’s outbursts, his predecessor, Attorney Anil Nandlall asserted that such a conduct in the face of the court is contumacious contempt and must be condemned in the strongest possible fashion. He said coming from the Head of the Bar, it compounds the travesty.
“Such exhibitions of crass disrespect for members of the Judiciary by the Attorney General, unfortunately, are not isolated incidents, but are becoming a pattern. No Judge should be subject to this type of assault. It is a fundamental principle of justice that Judges must be permitted to function in an environment that is free from intimidation, abuse and threats,” Nandlall stated.
Justice Holder, in October 2016, suspended the work of the presidential tribunal following an injunction, which was filed by Nandlall. At that time, Nandlall had argued that the tribunal was an unlawful and unconstitutional course of action, since Duncan at the time was not found guilty of the charges. However, President David Granger had suspended Duncan from several constitutional posts, which included being a member of the Judicial Service Commission and the Police Service Commission.
Subsequently, city Magistrate Leron Daly dismissed one of the charges against Duncan. Duncan was facing a charge which stated that on March 31, 2015 at Georgetown, he stole $984,900, property of the Guyana Power and Light (GPL).
Duncan still faces a conspiracy charge which stated that between May 7 and May 8, 2015, he conspired with then Deputy Chief Executive Officer (DCEO) of GPL, Aeshwar Deonarine to steal $27,757,547, property of the power company. Duncan had also alleged that he was offered money by both the President and Minister of State, Joseph Harmon to vacate his offices, a claim which the Government had denied.
Owing to the circumstances, it is unclear when the High Court case will continue.
