Nandlall law books matter to continue at Magistrates’ Courts

Acting Chief Justice Roxanne George on Monday overruled a Fixed Date Application (FDA) filed on behalf of former Attorney General Anil Nandlall, who challenged Magistrate Fabayo Azore’s decision to call on him to lead a defence in the Special Organised Crime Unit (SOCU) law books matter. This signals that Magistrate Azore will be allowed to continue hearing the matter for which Nandlall is accused of taking 14 Commonwealth law books worth $2.3 million.
Last year the Georgetown Magistrate had overruled the defence’s no-case submission. Nandlall through his lawyers filed a motion in the High Court, which had petitioned the court the quash the November 23, 2018 ruling by Magistrate Fabayo Azore and for the charge of “Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act, Chapter 8:01” to be thrown out.
On Monday, Justice George, SC, gave her decision and stressed that to intervene in the case before Azore would be to usurp the power of the Magistrate, adding that while the High Court does have jurisdiction to hear the case, the matter is evidential in nature and would be up to the Magistrate to rule on the said evidence.
Nandlall’s Attorney, Devindra Kissoon had argued that the Magistrate should have given reasons for her decision but according to Justice George, while the Magistrate should give reasons when a prima facie case is made out, this is not usually done. Rather, reasons are given at the end of the trial. While observing that there is no actual charge of “Larceny by a Bailee”, contrary to the Criminal Law Offences Act in Guyana or in England, the judge outlined that this would be covered under the charge of simple larceny. The ruling went on to point out that Magistrate Azore was not required to file an affidavit in answer.
Following the ruling, Nandlall told reporters that his attorney only addressed jurisdiction and he did not expect the judge to rule on the overall matter. “I am surprised by the ruling, the judge had asked us to persuade her whether or not she has jurisdiction and that is all that we set out to do and she ruled that she had jurisdiction to review the Magistrate’s ruling. That is all we asked her to address and the judge decided the entire case,” he noted.
The former Attorney General said that his side did not get the opportunity to address Justice George on the evidence, noting that they were hoping to address her after ruling the on the court’s jurisdiction in an open court setting. Nandlall observed that he will be challenging the court’s decision.
When he had filed his writ last year, Nandlall was 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.
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. It was three days prior, on April 24, 2017, that he was called in to SOCU headquarters for questioning in relation to the Commonwealth Law 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 and 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. Nandlall has maintained that the accusation laid against him by SOCU was instigated by current Attorney General Basil Williams because he had criticised Williams’s performance.