Attorney General Anil Nandlall's appeal challenging an earlier ruling of Chief Justice (CJ) Ian Chang against the appointment of Town Clerk (TC) Carol Sooba commenced today in Court of Appeal. However the highlight of today's proceedings was an exchange between Alliance for Change(AFC) Chairman Nigel Hughes and Appeal Court Judge Cummings. Hughes is representing Royston King, the respondent, and was upbraided by Justice Cummings for his comments in reference to AG Nandlall.
This is not the first time the AFC Chairman's legal conduct his been the subject of scrutiny as similar actions by commissioners at the Linden Commission of Inquiry led to his walk out and subsequent return.
The AG is appealing the case on the grounds that the CJ would have erred in his ruling and further, made a judgment, “against the weight of the evidence.” He is asking the Appeal Court to set aside the order made by the CJ on December 13, 2013, which requested the Local Government Minister to explain the appointment of Carol Sooba as Town Clerk. The Attorney General says that the plaintiff is dissatisfied with the CJ’s ruling in its entirety.
He said that the CJ “erred and misguided himself in law” when he ruled that the Minister had no power to appoint Sooba as Georgetown’s Town Clerk under the Municipal and District Councils Act Chapter 28:01.
The AG argued, also, that the CJ’s ruling was “misconceived and wrong in law” when he misdirected himself in finding that Section 95 of the Municipal and District Councils Act, – which speaks to the convening of a Local Government Service Commission, -came into operation in the absence of any evidence of that being done, and in the face of evidence which tend to establish that the Commission was never convened. The AG believes therefore, that the CJ made his ruling against the weight of the evidence before him.e
extract from http://www.newguymedia.com