The Guyana Cricket Board (GCB) yesterday said the decision to form a private company was based on the ruling by acting Chief Justice Ian Chang and also in compliance with the directive of its parent company the West Indies Cricket Board (WICB).
It also said it wanted to protect its assets as it was not willing to leave them in limbo.
Attorney General Anil Nandlall had earlier yesterday said that GCB General Secretary Anand Sanasie had, under oath, revealed that the executive board of the GCB, which numbers 13 persons, had transferred the assets of the GCB to a new private limited liability company D.E.B Essential Organisation Incorporated.
Last night lawyer for the GCB Roysdale Forde explained the decision to transfer the assets.
“After the ruling by the Honourable Chief Justice Ian N. Chang to the effect that the GCB lacked legal personality the GCB resolved to incorporate a Company to hold its assets and properties,” Forde stated in a pres release.
“Further, the decision to incorporate was in compliance with a direction by the West Indies Cricket Board which is itself an incorporated entity,” the release added.
According to the release, the move to incorporate was to bring the status of the governing body of cricket in Guyana into conformity with the position that prevails in Barbados and Jamaica where the Cricket Boards of these countries are private Companies.
“Pursuant to the Resolution a Company named D.E.B. Essential Organisation Inc., was duly incorporated in August, 2011. It should also be known that the name Guyana Cricket Board Inc., was the preferred name for the incorporated entity. The name D.E.B Essential Organisation Inc., was decided upon by the executives after enquiries revealed that the name Guyana Cricket Board Inc., was prohibited,” the release stated.
Forde argued that the judgment of Chang had failed to recognise at the time of his ruling, that the Essequibo Cricket Board (ECB) was a duly registered member of the Friendly Society under the Friendly Societies Act, Cap 36:04. “The Friendly Societies Act by Section 19 confers on a registered Friendly Society, corporate status and hence is a legal entity known to law.
“The Essequibo Cricket Board, together with the Demerara Cricket Board, are the shareholders of the D.E.B Essential Organisation Inc., “the release added.
The GCB’s release said the release by Nandlall was misleading.
“It is therefore untrue, spurious, scandalous and totally misleading to state that the 13 (Thirteen) Defendants in the proceedings filed by the Attorney General are the owners and controllers of the property of the private limited Company.
“The documents relating to the Essequibo Cricket Board and D.E.B Essential Organisation Inc. are public documents and were available at the office of the Registrar of Friendly Societies and at the Deeds Registry,” the release stated.
According to the release, “the documents relating to the incorporation of D.E.B Essential Organisation Inc. were filed at the Deeds Registry, a public office under the control of the office of the Attorney General and presumably within his knowledge.
“To suggest that in any affidavit filed by the 13 (Thirteen) Defendants whether jointly or severally, that there is no proprietary interest by the GCB in the property under question is to again mislead the public,” the release charged.
“The continued and most recent efforts by the Government and the Attorney General of Guyana to attempt to seize the property as being bona vacantia, that is ownerless property, itself serves to justify the wisdom demonstrated by the 13 (Thirteen) Defendants,” the release ended.
The matter next comes up for hearing on March 19.