Jonas was never appointed SC

…lacks ‘weight of years,’ says AG

ATTORNEY General and Minister of Legal Affairs Basil Williams SC says attorney-at-law Timothy Jonas was never appointed senior counsel, insisting that the bestowing of such honour is the sole discretion of the President.

Williams said too that there might have been some confusion when the protocol person contacted Jonas and might have unwittingly conveyed to him that he was approved to be elevated, when in fact he was recommended for the honour; but this still had to be considered by President David Granger for the conferral.

Earlier this week, attorney Sanjeev Datadin told the media that Jonas was “disrobed” of the title due to his affiliation with the party A New and United Guyana (ANUG). “…In the last list there was a very, very alarming thing where Timothy Jonas was apparently afforded the honour… when it was announced that he was involved in the new party…he was promptly informed that as fast as he was robed, he was disrobed,” Datadin told the Sunday Stabroek.

The next day Jonas himself spoke with the media and he referred to the alleged occurrence as “vindictive politics,” one which has “tarnished the whole image of Silk.”

PRESIDENT’S DISCRETION
However, giving some clarity on the matter, Williams said the bestowing of of senior counsel is the sole discretion of the President. He told the Guyana Chronicle that the procedure includes the chancellor of the judiciary after consultations with the judges, sending to the President a list of names of counsel she was recommending to be elevated to the dignity of SC. Williams explained that the protocol staff at the Ministry of the Presidency would then contact those individuals who have been recommended, to ascertain whether they would accept the honour before the list goes to the President for his final approval.

Williams said this procedure is important, as there has been at least one case where someone was recommended for silk, but turned it down when that individual was contacted. “So in the case of Jonas, he was recommended, but there was no approval by the President…” Williams surmised that the protocol officer might have unwittingly conveyed to him that he was approved to be elevated.

The attorney general said when the list goes to the President, he, in his own deliberate judgement would consider the names and determine who he would elevate. “In determining names, he is guided by certain criteria: length of time of practice; quality of that practice and integrity.” Williams said once the persons meet those criteria they would be contacted again, this time regarding the time and place for the ceremony.

WEIGHT of YEARS
He said Mr Jonas did not fulfil all of the criteria. “It is apposite to note that in terms of the persons considered in this round, they have over 30 years of service. Since President Granger resuscitated this award, the people who have been considered all have had several years of practice, but Mr Jonas in fact could not have made the cut because he does not have the weight of years,” Williams explained.

Responding directly to Datadin who sought to cast doubts about the process, Williams said the attorney should be the last person to criticize; instead, he should be applauding President Granger who after over 18 years of PPP neglect, resuscitated the conferral of this dignity of senior counsel and has insisted he would do so annually and has done so and many deserving people have received.” Williams said Datadin should reserve his criticisms for the PPP “who didn’t see it fit to bestow such honour on lawyers.”

NO CONFERRAL
Also adding her voice to the issue, Assistant Director of Public Information and Press Services within the Ministry of the Presidency, Ariana Gordon confirmed that while Jonas was on the list of those recommended, at no point was the title conferred on him.

While Jonas had told the Kaieteur News that he was informed of his appointment by Chancellor of the Judiciary (ag) Yonette Cummings-Edwards late last year, Gordon outlined that the only person with this power is the President. “Attorneys are conferred senior counsel based on their exemplary experience, erudition, excellence and diligence in the practice of law. In fact, recommendations are made to the President, who is the lone person authorised to confer the aforementioned title,” Gordon asserted.

She like The attorney general noted that as is customary, several recommendations were put to the President by chancellor of the judiciary. However, it is for the President, based on the said recommendations, to confer senior counsel on an attorney and no one else. “Mr. Jonas’ name was indeed on the list of those recommended, but at no point was he conferred the title,” Gordon explained.

She noted that since taking office, President David Granger conferred upon deserving attorneys the title of senior counsel ending a 20-year hiatus by announcing the first batch in 2016. Among them were Neil Boston, Charles Fung-A-Fat, Justice Alison Roxane McLean George-Wiltshire, Clifton Mortimer Llewelyn John, Rafiq Turhan Khan, Vidyanand Persaud, Rosalie Althea Robertson, Justice Claudette Margot Cecile Singh, and Attorney General and Legal Affairs Minister Basil Williams.

Then in 2017, Kalam Azad Juman Yassin, Josephine Whitehead, Fitz Le Roy Peters and Andrew Mark Fitzgerald Pollard were appointed senior counsel with effect from January 1, 2018.

The most recent announcement was made in December 2018 when the President named Shalimar Ali-Hack, Stephen Fraser, Carole James-Boston, Robert Ramcharran and Rajendra Poonai as attorneys conferred the title with effect from January 1, 2019. The latter five legal practitioners will be presented with their instruments of commission elevating them to senior counsel at a ceremony to be announced later, Gordon said.