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Budget cuts case… : APNU’s reaction to CJ’s ruling extremely strange : – AG

ATTORNEY General and Minister of Legal Affairs Anil Nandlall said he finds it extremely odd that Leader of the Opposition David Granger appears to be very angry at being removed as a litigant in a court case. He was referring to the June 19 ruling by Chief Justice (ag) Ian Chang in the Government of Guyana’s High Court challenge of the cutting of the 2012 National Budget. The most recent result coming out is that since Members of Parliament have immunity and cannot be sued, Minister of Finance Dr. Ashni Singh and the Leader of the Opposition are therefore excluded from being a part of the case.
During a recent interview on the National Communications Network, the AG observed that most defendants around the world and in Guyana are happy when they are removed from any court proceedings because they no longer have to appear in court. Not so for the Opposition, he said.

ANGRY DEFENDANT
AG Nandlall who is representing the Government, stated that the ruling also indicated that according to the Constitution of Guyana, the Speaker of the National Assembly, Raphael Trotman falls into a different category and remains as the sole defendant in the case.
“This is the first case when a defendant is removed from a litigation the defendant is angry. The Leader of the Opposition seemed to be very angry and seems to take great objection to the fact that he has been removed from the hearing,” AG Nandlall stated. He noted that this reaction is extremely strange, especially when the Opposition is of the opinion that the court has no jurisdiction to enquire into the conduct of the National Assembly, “…and therefore I am wrong to take them to court. Now when they are removed from the court proceedings they are still objecting. So they are objecting to being sued and when they are removed from the suit they object to that as well.”
The High Court case began on June 7, 2012 with Government’s application to the Supreme Court for an Interim Order to allow the Minister of Finance to access the money cut from the National Budget.
On July 18, 2012 in a Preliminary ruling, the Chief Justice stated that the National Assembly has no power under the constitution to reduce the National Estimates when they are presented for approval. The ruling stated that in relation to the National Estimates, the National Assembly “performs a gate-keeping function, a power of disapproval is not contemplated by the Constitution.”
The AG explained that the basis of the court case has to do with whether the National Assembly, either in the Committee of Supply or in the outer assembly, has the power to reduce the estimates presented by the Finance Minister.

QUESTION OF LAW
In the 2012 budget case, two motions were made, one by Carl Greenidge, one by Khemraj Ramjattan, in the Committee of Supply, to effect certain reductions to the estimates presented by Minister Singh, and they were both passed. As a result, more than $20 billion were taken out of the 2012 budget and we went to court for that. The preliminary ruling was rendered, the AG said.
At that stage, he explained, no one disputed the facts, because there were no facts to be disputed. “It’s a pure question of law, no one can dispute that the budget was cut, no one can dispute that Mr. Ramjattan and Mr. Greenidge cut the budget. These are matters of public notoriety and recorded in the Hansard (Parliamentary records) and televised live; and understandably no one is willing to dispute those facts,” he stated.
The AG said, having received an exhaustive ruling from the court, “I thought that was the end of the matter. Because it is basic law, basic common sense, that a ruling from a court, on matters of law, whether it is preliminary or it is final, is conclusive of the matter that it decides upon, at least unless and until that preliminary ruling is set aside. So honestly I thought that that brought closure, because a final ruling is not materially far from a preliminary ruling.”
He pointed out, however, that unfortunately when the 2013 budget came around the issue assumed importance again. “These two very actors, Mr. Khemraj Ramjattan and Mr. Carl Greenidge again moved motions and again cut the budget, though we had long arguments. The CJ’s ruling was presented, long parts of it quoted at length by me,” he said.
“Nevertheless, Speaker of the National Assembly Raphael Trotman surprisingly said that it was a preliminary ruling, and made a very curious statement that parliamentary process is beyond review by the court. The opposition members who spoke on this matter were less diplomatic, they said since it was a preliminary ruling, therefore they are not bound, hence arose the need to go back to the court for a final ruling,” the AG stated. He also pointed out that the Opposition itself on several occasions called for the final ruling to be made.
“So I wrote to the judge and I said please resurrect this case and let us have a final ruling. That was done and that’s where we are.”

NO FACTUAL DISPUTES
AG Nandlall further said that each time the case was called, “one reason after another is presented whose ultimate objective is to delay and detain the matter from going forward. They (the Opposition lawyers) said that they want to cross examine Dr. (Roger) Luncheon. As I said, from the beginning, this is not a case where there are any disputes of law…The questions of law would remain the very questions of law which we argued at the interlocutory stage, because nothing has changed… they raised an objection, they want evidence,” he explained.
“Of course I explained at length that there is no need for evidence, you only need evidence if you have factual disputes. There are no factual disputes here just a question of law. Can you cut the budget? It’s as simple as that. They said no, they want to cross examine Dr. Luncheon.”
The AG explained that Dr. Luncheon swore to an affidavit at the interlocutory stage of the case, outlining the consequences that would flow if the sum of money cut out of the budget was not restored.
Among those consequences would be that “ hundreds of persons are going to be dismissed; that several state and government agencies whose funding had been cut, may have to be closed down; that constitutional authorities or agencies that the constitution has created will have to shut operations down because of the lack of funding. Those are the matters that Dr. Luncheon swore to in an affidavit. The budget cuts were restored after the preliminary hearing. Those issues are no longer relevant, they were relevant at the interlocutory stage and they are not relevant now.”

He further explained that since Dr. Luncheon is not a Member of Parliament, he could not speak on what transpired in the House, “and therefore a request to have Dr. Luncheon cross examined is one that is simply ridiculous. It is not based on law, certainly not based on commonsense, because to cross examine persons is immaterial to the determination of a legal issue. What question can you ask Dr. Luncheon that would help the court to determine whether the parliament has the power to cut the budget or not? What answer can he give which would confer a power upon the Opposition to cut the budget which the constitution or the law do not give them or deprive them of such a power which they have? Whether the National Assembly has the power to cut the budget or not is a question of law. You have to look at the Constitution, look at the powers of the National Assembly, and see whether they have that power. Dr. Luncheon nor any other witness can assist in the determination of that issue. So the request to have Dr. Luncheon cross examined is an absurdity, and one that is designed to further delay the matter, and so I argued vehemently against that request.”

STATEMENT OF FACTS
Fortunately, the AG noted, the Speaker’s lawyer who insists on a final ruling being given has agreed for himself and the AG to submit a statement of agreed facts and to proceed to arguments.
The statement of facts is simply a recitation of what happened in parliament in April/May 2012: that Dr. Singh presented the national budget, that the budget was debated, that the assembly moved into Committee of Supply to consider the estimates, in the Committee of Supply two motions were made, one by Greenidge, one by Ramjattan, and X amount of money was cut out of the budget, and that was reported when the Committee of Supply concluded its business. The Minister of Finance then reported to the House of the Assembly what transpired in the Committee of Supply and the budget that was amended in the Committee of Supply is now this, and moved that the budget be passed.
The court hearing continues on July 5 when the agreed Statement of Facts is to be presented and arguments should commence on the question of the law: Does the National Assembly have the power to cut the national estimates as presented by the Minister of Finance? (GINA)

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Still need a comment. If you can spend countless threads and weeks on end calling the AFC brutes because someone called a fat lady fat then you can comment here.

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Govt minister's son allegedly assaults ex-girlfriend

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2 days ago

Govt minister's son allegedly assaults ex-girlfriend

Sunday, 23 June 2013 21:41
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Denis Scott Chabrol

The son of a government minister has allegedly assaulted his ex-girlfriend, leaving her with a swollen right eye and tender head just days before she had been due to give birth to their baby.

27-year old Vanisha Seenauth alleged that Robeson Benn Jr. barged into her home during the pre-dawn hours of Sunday when she opened the door and assaulted her.

Obviously traumatized by an abusive relationship, a crying Seenauth said that on hearing someone knock on the door she opened thinking that it was her brother whom she had been expecting. She said when her brother arrived later, she sent him away because she did not want him to see her face.

When told of the alleged occurrence, the younger Benn’s mother sounded quite distressed.

6/25/135:19 PM

Former Member

PPP anxiously awaiting final court ruling on budget cuts case

Written by Telesha Ramnarine

Monday, 24 June 2013 23:24

SPEAKING yesterday at a press conference at Freedom House on Robb Street, Georgetown, Attorney General and Legal Affairs Minister Anil Nandlall said the People’s Progressive Party (PPP) is anxiously awaiting the final court decision in the case involving the budgetary cuts by the political Opposition.In the presence of Minister within the Ministry of Finance, Juan Edghill; Executive Secretary of the PPP, Zulficar Mustapha; and Media Coordinator Mahendra Roopnarine, Minister Nandlall said the case in question is intended to settle the fundamental question of whether the political Opposition has the legal power to reduce national estimates presented by the Executive arm of Government in the National Assembly (NA).

“This question is one of pure law, and its determination exclusively involves an interpretation of the relevant provisions of the Guyana Constitution. Once this question is determined finally, one would expect that it would bind all, because the ruling is expected to be in the form of a grant of declarations as to what powers the NA has or does not have in respect of national estimates,” Nandlall explained.

Until the court has finally ruled in this respect, the PPP retains the view that the preliminary ruling should be respected and obeyed.

During the 2013 budget presentation, the issue of cutting the budgetary estimates again arose, and government’s position was that the opposition had no power to reduce the estimates, based on the preliminary ruling by the Chief Justice to this effect.

The political opposition and the Speaker of the National Assembly, Mr Raphael Trotman, however, feel this preliminary ruling was not binding upon them.

“Our contention is (that), whether it is a preliminary ruling or not, it is a ruling of a court, and therefore it must be obeyed. They, however, proceeded with cutting the budget,” Nandlall recalled.

He accused the Opposition of playing politics with matters of national importance, and noted that what the party finds extremely disturbing is the fact that, instead of appealing the ruling, the Opposition chose to embark upon a course of action in which the judge and the judiciary were subjected to disparaging and scandalous remarks.

“The civilized and democratic thing to do is to use the legal process available to seek to overturn the ruling. We view these kinds of approaches as ominous and dangerous to a democracy, and we ask the nation to take note, and the international community as well.

WHY NO APPEAL?
“When the preliminary ruling was handed down, though it was appealable, no appeal was filed against it; and we must ask ourselves why,” Nandlall said.

Meanwhile, he disclosed that Khemraj Ramjattan, the lawyer for Speaker Raphael Trotman, has agreed to work out a statement of agreed facts with him before proceeding with the hearing of the legal argument.

“I have already submitted that statement to Ramjattan, and I extracted from his defence most of those facts. So we ought not to have any great disagreement in terms of what the agreed facts are going to be.
Hopefully, we can sign on to that document, and we will be ready on July 5, the date to which the case is adjourned, for us to proceed with the legal arguments. And, hopefully, we can have a speedy resolution to this matter,” said Nandlall.

6/25/135:28 PM

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Govt minister's son allegedly assaults ex-girlfriend

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2 days ago

Govt minister's son allegedly assaults ex-girlfriend

Sunday, 23 June 2013 21:41
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Denis Scott Chabrol

6/25/135:38 PM

Former Member

"Danyael" came and is trying his best to derail this thread, and paint a false picture as if nothing is done about the incident which allegedly involves one of the govt minister son......

Here are some updates "Danyeal"

Gov’t Minister’s Son arrested for alleged assault on ex – girlfriend

Robeson Benn Jr. has been arrested by the police, following allegations that he assaulted his ex – girlfriend, 27-year old Vanisha Seenauth.

According to information received, the young man turned himself over to the police today, June 25. He is currently at the Brickdam Police Station. Benn Jr. is the son of Minister of Public Works, Robeson Benn.

The physical assault against the young woman has left her with a swollen right eye and tender head.

According to the woman, Benn Jr. barged into her home during the pre-dawn hours of Sunday and assaulted her.

She said that on hearing someone knock on the door, she opened thinking that it was her brother whom she had been expecting. However, it was Benn Jr. who stormed in and started his ruthless attack.

Seenauth said police at Brickdam Police station declined to take a report immediately although she had obtained a medical certificate from the Georgetown Public Hospital Corporation (GPHC).

Earlier this year, Seenauth had a miscarriage of she and Benn Jr’s baby after he allegedly kicked her several months ago at her home. During that incident, she had stabbed him once at her home resulting in him being hospitalized for several days at the GPHC.

6/25/135:41 PM

Former Member

ANGRY DEFENDANT
AG Nandlall who is representing the Government, stated that the ruling also indicated that according to the Constitution of Guyana, the Speaker of the National Assembly, Raphael Trotman falls into a different category and remains as the sole defendant in the case.
“This is the first case when a defendant is removed from a litigation the defendant is angry. The Leader of the Opposition seemed to be very angry and seems to take great objection to the fact that he has been removed from the hearing,” AG Nandlall stated. He noted that this reaction is extremely strange, especially when the Opposition is of the opinion that the court has no jurisdiction to enquire into the conduct of the National Assembly, “…and therefore I am wrong to take them to court. Now when they are removed from the court proceedings they are still objecting. So they are objecting to being sued and when they are removed from the suit they object to that as well.”
The High Court case began on June 7, 2012 with Government’s application to the Supreme Court for an Interim Order to allow the Minister of Finance to access the money cut from the National Budget.
On July 18, 2012 in a Preliminary ruling, the Chief Justice stated that the National Assembly has no power under the constitution to reduce the National Estimates when they are presented for approval. The ruling stated that in relation to the National Estimates, the National Assembly “performs a gate-keeping function, a power of disapproval is not contemplated by the Constitution.”
The AG explained that the basis of the court case has to do with whether the National Assembly, either in the Committee of Supply or in the outer assembly, has the power to reduce the estimates presented by the Finance Minister.

6/25/135:45 PM

Former Member

Request for comment From the celebrtated defender of women Conscience!!!

Govt minister's son allegedly assaults ex-girlfriend

Sunday, 23 June 2013 21:41
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Denis Scott Chabrol

6/25/135:50 PM

Former Member

Teacher in alleged misconduct probe to remain on Region 8 Council- AFC

Tuesday, 11 June 2013 20:36
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Denis Scott Chabrol

A teacher of the Mahdia Secondary School, in whose living quarters was seen a male student sleeping, would not be asked to step aside from the Region Eight Council until the outcome of a probe, officials of the Alliance For Change (AFC) said Wednesday.

Chief Education Officer Olato Sam has said that the teacher has been sent on administrative leave pending the findings of a police investigation.

6/25/135:53 PM

Former Member

Request for comment From the celebrtated defender of women Conscience!!!

Govt minister's son allegedly assaults ex-girlfriend

Sunday, 23 June 2013 21:41
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Denis Scott Chabrol

Picture of first beating....

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2012-11-23 @ 7:23:10 AM
Hello, I am quite surprised at some of the comments I’ve been seeing on this blog concerning Robeson Benn JR and his victim. Some people claim he’s not a violent boy, which is utterly untrue taking into consideration all the women he hit. But worse yet I see people commenting nastily of the young woman he beat up.

6/25/135:56 PM

Former Member

Request for comment From "Danyael"!!!

Teacher in alleged misconduct probe to remain on Region 8 Council- AFC

Tuesday, 11 June 2013 20:36
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Denis Scott Chabrol

Chief Education Officer Olato Sam has said that the teacher has been sent on administrative leave pending the findings of a police investigation.

6/25/135:58 PM

Former Member

Dude all you have to do is say you disagree with this creep beating up on women. He worked out of the OP and posted like you here for wages.

Until the ban me, no new thread with this alias will not get me serially posting this article until you can offer a comment. You had lots to say about the fellow from the AFC calling someone fat when that someone was fat. If that was not for political pennies then you will be able to comment about this story.

Request for comment From the celebrtated defender of women Conscience!!!

Govt minister's son allegedly assaults ex-girlfriend

Sunday, 23 June 2013 21:41
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Published in Latest News

Denis Scott Chabrol

Picture of first beating....

Rate This

6/25/136:14 PM

Former Member

<====>

Danyael Angry Conscience

6/25/136:21 PM

Former Member

Its appears "Danyael" wants a pound of flesh.....he's clearly run out of comments are is purposely spamming the thread in his quest for attention.

6/25/136:24 PM

Former Member

Originally Posted by Conscience:

Its appears "Danyael" wants a pound of flesh.....he's clearly run out of comments are is purposely spamming the thread in his quest for attention.

if parlament donot have the right to cut the budget to aprove or disaprove then why take the goddam budget to parlament in fact why not close down the goddam building

6/25/138:04 PM

Govt minister's son allegedly assaults ex-girlfriend

Govt minister's son allegedly assaults ex-girlfriend

Govt minister's son allegedly assaults ex-girlfriend

Govt minister's son allegedly assaults ex-girlfriend

Gov’t Minister’s Son arrested for alleged assault on ex – girlfriend

Request for comment From the celebrtated defender of women Conscience!!!

Govt minister's son allegedly assaults ex-girlfriend

Teacher in alleged misconduct probe to remain on Region 8 Council- AFC

Request for comment From the celebrtated defender of women Conscience!!!

Govt minister's son allegedly assaults ex-girlfriend

Request for comment From "Danyael"!!!

Teacher in alleged misconduct probe to remain on Region 8 Council- AFC

Request for comment From the celebrtated defender of women Conscience!!!

Govt minister's son allegedly assaults ex-girlfriend

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