Judge throws out injunction case against ERC Chairman, Commissioners
Georgetown, GINA, November 22, 2011
Source - GINA
Bishop Juan Edghill at the press conference
Justice Diana Insanally today discharged the injunction that was filed by Opposition Leader, Robert Corbin in May against Chairman of the Ethnic Relations Commission (ERC), Bishop Juan Edghill, and Commissioners Carvil Duncan and John Willems; barring them from performing their duties as it relates to the Commission.
At a press briefing, Edghill said that the written judgment will show that there was no basis for such an action to be taken in the first place.
Responding to Corbin’s claim that the ERC is an unconstitutional body and has been that way since 2007, Edghill noted the Judge’s position, that one cannot wait four years later to take such an action, when an election is approaching as interlocutory injunctions and Ex-parte applications are only filed in matters of emergency.
“There was no emergency for four years …the orders that were granted should not have been granted and so it was all discharged,” Edghill said.
Edghill said that since he is now a candidate to the poll, he will no longer be serving in the capacity as chairman of the Commission; even though, there is no rule that necessitated his resignation.
He explained that as chairman of the Commission, he did not allow Minister of Culture, Youth and Sport, Dr. Frank Anthony nor PNCR MP, Cheryl Sampson to sit on the Commission once they became candidates to the poll and that it is in the best interest of the people of Guyana for the same rule to be applicable to him.
“The objectivity and the integrity of the Commission must not be destroyed because of any personality. I would like to give the assurance to the people of Guyana, in as much as the injunction has been discharged, I will not be interfering or making any decisions on the behalf of the ERC during this period of the election,” Edghill asserted.
He noted however, that the hiatus in the Commission’s work since May, has left a number of administrative issues to be settled, matters which he said he will not be dealing with given the election which is mere days away and his personal status.
The Bishop maintained that the intent of the injunction was to render the ERC non-functional during the 2011 national and regional elections.
He disclosed that when this injunction was filed, he responded within a matter of days, “it was the plaintiff who asked for delays, extension of time, failed to show to make arguments, did not file all the necessary documents in timely manner and asked to drag this matter out…when the judge set last Friday for hearing, no attorney on behalf of the plaintiff showed up to make arguments.”
He added that the ERC was aware of the diabolical plot to ensure that it was not in place for the elections; noting that there were many indications starting with newspaper columnist, Freddie Kissoon whose articles constantly attacked the Commission, statements by Tacuma Ogunseye at Africa Cultural and Development Association (ACDA) meetings, and letter writers in various newspapers using fictitious names.
“All that happen is that Mr. Corbin became the front person to use the courts as a way of seeking to get that end achieved; what they have successfully done is kept it at a hiatus from May until today, five days before the election,” Edghill said.
The former Chairman expressed the hope that the reconstitution of the Commission will be a priority for the new Government immediately after the elections.
Notwithstanding the injunction, the Commission’s monitoring unit has been functioning as per normal; recording statements made across the country, and observing television programmes for which the new Commission will make the relevant pronouncements.
Georgetown, GINA, November 22, 2011
Source - GINA
Bishop Juan Edghill at the press conferenceJustice Diana Insanally today discharged the injunction that was filed by Opposition Leader, Robert Corbin in May against Chairman of the Ethnic Relations Commission (ERC), Bishop Juan Edghill, and Commissioners Carvil Duncan and John Willems; barring them from performing their duties as it relates to the Commission.
At a press briefing, Edghill said that the written judgment will show that there was no basis for such an action to be taken in the first place.
Responding to Corbin’s claim that the ERC is an unconstitutional body and has been that way since 2007, Edghill noted the Judge’s position, that one cannot wait four years later to take such an action, when an election is approaching as interlocutory injunctions and Ex-parte applications are only filed in matters of emergency.
“There was no emergency for four years …the orders that were granted should not have been granted and so it was all discharged,” Edghill said.
Edghill said that since he is now a candidate to the poll, he will no longer be serving in the capacity as chairman of the Commission; even though, there is no rule that necessitated his resignation.
He explained that as chairman of the Commission, he did not allow Minister of Culture, Youth and Sport, Dr. Frank Anthony nor PNCR MP, Cheryl Sampson to sit on the Commission once they became candidates to the poll and that it is in the best interest of the people of Guyana for the same rule to be applicable to him.
“The objectivity and the integrity of the Commission must not be destroyed because of any personality. I would like to give the assurance to the people of Guyana, in as much as the injunction has been discharged, I will not be interfering or making any decisions on the behalf of the ERC during this period of the election,” Edghill asserted.
He noted however, that the hiatus in the Commission’s work since May, has left a number of administrative issues to be settled, matters which he said he will not be dealing with given the election which is mere days away and his personal status.
The Bishop maintained that the intent of the injunction was to render the ERC non-functional during the 2011 national and regional elections.
He disclosed that when this injunction was filed, he responded within a matter of days, “it was the plaintiff who asked for delays, extension of time, failed to show to make arguments, did not file all the necessary documents in timely manner and asked to drag this matter out…when the judge set last Friday for hearing, no attorney on behalf of the plaintiff showed up to make arguments.”
He added that the ERC was aware of the diabolical plot to ensure that it was not in place for the elections; noting that there were many indications starting with newspaper columnist, Freddie Kissoon whose articles constantly attacked the Commission, statements by Tacuma Ogunseye at Africa Cultural and Development Association (ACDA) meetings, and letter writers in various newspapers using fictitious names.
“All that happen is that Mr. Corbin became the front person to use the courts as a way of seeking to get that end achieved; what they have successfully done is kept it at a hiatus from May until today, five days before the election,” Edghill said.
The former Chairman expressed the hope that the reconstitution of the Commission will be a priority for the new Government immediately after the elections.
Notwithstanding the injunction, the Commission’s monitoring unit has been functioning as per normal; recording statements made across the country, and observing television programmes for which the new Commission will make the relevant pronouncements.