Appeal Court grants interim stay in Nandlall’s Law Reports trial
Feb 23, 2019 , Source -- https://www.kaieteurnewsonline...s-law-reports-trial/
Former Attorney General Anil Nandlall, who is on trial for the alleged theft of Law Reports from the State, was scheduled to lead a defence yesterday afternoon. However, this did not happen, as the Court of Appeal granted an interim stay, yesterday morning, halting the trial until March 20, when the court will commence hearing an appeal.
Nandlall, through his Attorney-at-Law Devindra Kissoon, is asking the Court of Appeal to set aside and/or vary a decision by Chief Justice Roxane George, who last month at the High Court, dismissed an appeal against a no-case submission that was overruled by Magistrate Fabayo Azore in the trial.
Former Attorney General: Anil Nandlall
The no-case submission was presented by Nandlall’s lawyer after the close of the prosecution’s case. The charge Nandlall faces, alleges that between May 18, 2015 and May 29, 2015, being a bailee, in the then capacity of Attorney General and Minister of Legal Affairs, he fraudulently converted 14 Commonwealth Law Reports valued at $2,313,853, property of the Ministry of Legal Affairs, to his own use and benefit.
Hearing the matter at the Court of Appeal were Chancellor of the Judiciary Yonette Cummings-Edwards, Justice of Appeal Rishi Persaud and High Court Judge Franklin Holder.
In the Notice of Appeal, Magistrate Azore and Superintendent of Police Trevor Reid, from the Special Organized Crime Unit (SOCU), were named as the first and second Respondents respectively. Appearing for Magistrate Azore was Solicitor General Nigel Hawke, while Attorney-at-Law Leslyn Noble, appeared for Reid.
In addition to granting an interim stay up until March 20, the Chancellor instructed the parties that the Records of Appeal must be filed by March 6. Nandlall was previously reported as saying that when he took up the post of Attorney General, he did so at a loss, and it was for that reason he agitated for the State to pay for the Law Reports.
He had said that the arrangement received the blessings of then Head of State Donald Ramotar. However, investigators are contending that because the books were bought with State funds, they cannot be the property of Nandlall, and in fact, the State should not have entered into such an arrangement in the first place.
The Ministry of Legal Affairs is contending that there is no evidence of an agreement between Nandlall and Ramotar, and even assuming that there was such an agreement, the use of public funds in this manner is a flagrant violation of the Financial Management and Accountability Act.
Nandlall was charged after SOCU, an arm of the Guyana Police Force, completed investigations.
