In a ruling which was overshadowed by a severe reprimand of Attorney General (AG) Anil Nandlall SC for leaking the decision in relation to the Opposition APNU+AFC’s election petition which was today thrown out for late service, the Caribbean Court of Justice (CCJ) has said that it may have to review its policy regarding the confidential release of rulings to attorneys, perhaps especially those in Guyana, as trust seems to be compromised.
The CCJ has ruled that the Guyana Court of Appeal has no jurisdiction, and therefore cannot proceed to hear the Opposition APNU+AFC’s election petition which acting Chief Justice Roxane George SC had thrown out for late service. It would mean that this petition can no longer be considered.
Underscoring the importance of its integrity questioned by many following Nandlall’s post of the outcome of the ruling on his Facebook page yesterday, the Court sought to hammer home the importance of its integrity not being brought into disrepute.
The apex court described Nandlall’s breach as being “unacceptable” and said that it was a grave issue.
The Court roasted Nandlall who was absent from the hearing, informing the Court through his Solicitor General Nigel Hawke that he is currently travelling on official Government business in Barbados.
In no uncertain terms, Justice Jacob Wit registered the Court’s displeasure saying that what the AG has done was “unacceptable.”
The Court said that the last has not yet been heard on the issue of Nandlall’s breach of its confidentiality clause which allows for written judgments in all cases to be sent to all counsel before the oral delivery.
Hawke who faced the music for the AG offered his unreserved apology and has said that the Nandlall will himself undertake to personally and publicly apologize to the Court.
The Court has ordered that Nandlall post that public apology on his Facebook page just as he had caused the breach by making the announcement there of what the Court’s finding was in the case.
The Trinidad-based court of last resort for Guyana has found among other things that the petition having not been determined on its merits, cannot be appealed, and so the local appellate cannot entertain such a challenge.
On December 21st, last, Guyana’s Court of Appeal in a majority 2-1 decision ruled that it had jurisdiction to hear the appeal of the petition. Chancellor Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory concurred with each other, while Justice of Appeal, Rishi Persaud dissented.
Chief Justice George had previously thrown out the petition, after finding that presidential candidate of the APNU+AFC, David Granger was not served on time.
Vice President Bharrat Jagdeo and Attorney General Anil Nandlall SC would later challenge that ruling before the CCJ where it argued that because the petition had not been determined on its merits, the local appellate has no jurisdiction to hear the matter.
The petition is one of two filed by the Opposition APNU+AFC which challenged the results of the March 2nd, 2020 general elections.
