Full trial needed to settle Red House issues – CJ
-Cheddi Jagan Research Centre can remain in the interim.
August 10,2017
The sign for the CJRCI being restored after it was torn down. (December 2016 / Keno George/Stabroek News file photo)
Acting Chief Justice, Roxane George SC, yesterday ordered that the Cheddi Jagan Research Centre Inc (CJRCI) be allowed occupancy of historic Red House and the enjoyment of the status quo, until a full trial to determine its challenge to Government’s revocation of its lease.
The government had been seeking to oust the CJRCI from the location at the end of last year.
At an in-chamber hearing at the High Court yesterday morning, Justice George noted that the issues to be resolved in the case, could not be determined through interlocutory hearings.
To this end, the Chief Justice ruled that the status quo be preserved in the interim, thereby issuing an interlocutory conservatory order which the Government had previously undertaken to comply with.
On December 30 last, CJRCI secured an order from the court against the government’s revocation of its lease.
The conservatory order operated to freeze the government’s instruction that the High Street premises be vacated the very next day.
The order prevents and restrains the government and its agents from evicting the CJRCI or its agents from Red House on High Street, or in any manner whatsoever interfering with their occupation or peaceful and quiet enjoyment of the property, until the hearing and determination of the case, or until further order from the court.
Additionally, the order prevents the Government from removing any documents, photographs, artifacts, souvenirs, furniture, fixtures and fittings, appliances and/or any other movable property from the premises, until the matter has been heard or unless the court orders otherwise.
The plaintiff CJRCI was ordered to file its statement of claim within the next 21 days and directed the respondent Attorney General for the Government and the Commissioner of Lands and Surveys to file their response within 21 days thereafter.
The matter was ordered to take its normal course.
Attorney General (AG) Basil Williams SC, had previously argued during interlocutory hearings, that the court had no jurisdiction to hear the case, and that the CJRCI’s claim should be dismissed and that they should be ejected from possession.
At a March 24 hearing, however, the court had ruled that it did have jurisdiction to hear the case. After that ruling, Williams had said it “in effect means that the president has no immunity.”
Williams at that time had reminded that it was the applicants who said they believed the revocation was ordered by President David Granger. He argued that if this was their belief, they ought not to have brought any civil proceedings against the president since he is a sitting president, and has performed an act pursuant to the functions of his office.
Williams had argued that a sitting president has immunity under Article 182 of the Constitution.
Noting the applicant’s lawsuit against the Commissioner of Lands and Surveys, the AG had said that any action taken by that Commissioner is under the authority of the president.
According to Williams, to move against an act of the Commissioner of Lands and Surveys is to, therefore, move against the president “through the backdoor.”
The Government says that the lease between the CJRCI, and the Guyana Lands and Surveys Commission is not valid.
