Former AG to challenge criminal charge in High Court

Law books vendetta

Former Attorney General Anil Nandlall has signalled his intention to move to the High Court to challenge the criminal charge of larceny by bailee, with which he was slapped on Thursday in connection with 14 law books that he has in his possession.
Released on his own recognisance after appearing before Georgetown Magistrate Fabayo Azore, Nandlall was defiant as he reacted to his arrest and indictment. Taking to social media in a release on Thursday, he said the lower courts should have given way to the High Court.

Calling the charge “frivolous and incredulous”, Nandlall said Article 153 of the Constitution of Guyana provides for criminal matters to be deferred until any civil matters related to the fundamental rights of citizens are completed.
Following his being questioned about the law books by the Special Organised Crime Unit (SOCU) on Monday, Nandlall had moved to the commercial division of the High Court, and Justice Dawn Gregory had, the very next day, granted a conservatory order restraining SOCU from taking possession of the law books.
While SOCU had acquired a warrant to search for the books, Justice Gregory’s conservatory order had spelt out that “an interim Conservatory Order be and is hereby granted, preventing and/or restraining officers and/or agents from the Special Organized Crime Unit (SOCU) and/or the Guyana Police Force of the State of Guyana from seizing and/or detaining the property of the applicant.”
Nandlall had this to say: “The truth is that this charge should never have been filed in light of the fact that I have instituted civil proceedings in the Constitutional Division of the High Court in relation to the ownership of these very books”. He noted that the charge should have awaited the determination of those proceedings, in accordance with Article 153 of the Constitution.
“This Article provides, inter alia, that if a citizen’s fundamental rights arise in relation to criminal proceedings, those constitutional rights’ issues must be first determined by a court of competent jurisdiction before the criminal proceedings are to proceed”, Nandlall explained.
He also said it is possible that his indictment would help the case of Attorney General Basil Williams, whom he hit with a $125M defamation lawsuit earlier in the month for saying that charges were impending against him (Nandlall) for the law books.
According to the former AG, this will now provide his successor with the defence of justification.
“Rest assured, the criminal charge will be challenged and disposed of shortly. The majesty of the law will prevail in the end. For now, I am happy that the world has seen how rapidly this Administration has descended into authoritarianism,” Nandlall declared.
“Perhaps, it is fitting that I – who have written so much over the past two years about the authoritarian conduct of this Government, its constitutional violations and its manifest disregard for the rule of law — was the one that they used to showcase those very tendencies, as if to prove me right,” the former AG posited.
Nandlall said that even after the charge was filed, there was confusion in relation to which magistrate he would appear before. He said persons had felt that instructions had been issued for him to be kept in police custody. He has, however, credited Prosecutor Patrice Henry and Magistrate Fabayo Azore for maintaining their professionalism.
“I harbour no illusion that this will be the only charge that will be instituted against me. I anticipate that many more will come in the same political mould; not only against me, but against my political colleagues as well. From the moment we left office, this has been their (present Government’s) agenda,” Nandlall charged.
He has made it clear that his spirit and determination, and that of the People’s Progressive Party, will not be broken.