Judge declines Nandlall’s request for stay in law reports fraud trial

Feb 16 2019

Source

Justice Dawn Gregory-Barnes on Thursday declined to grant an application for a stay in the fraud proceedings against attorney Anil Nandlall in the Magistrate’s Court on the ground that a single judge in chambers does not have the jurisdiction to grant such a request.

Stabroek News was told that during a hearing at the Court of Appeal, Justice Gregory-Barnes indicated that the application should be made to the Full Bench of the Court of Appeal and not to a single judge in chambers.

Lawyers for attorney Anil Nandlall filed the application in the Appeal Court following the January 21st ruling by Chief Justice Roxane George-Wiltshire upholding the legality of the charge against him.

Last December, lawyers for Nandlall moved to the High Court to have the charge thrown out, while also asking for a stay of the pending Magistrate’s Court proceedings until a decision is made.

In citing Magistrate Fabayo Azore for errors made during his trial up until then, Nandlall’s attorneys argued that the magistrate erred in law when she overruled his submission that the offence of “Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act” is not known to the Laws of Guyana and thereafter called on him to lead his defence.

The state, however, contended that the charge was properly instituted.

In her ruling, Justice George-Wiltshire had said that while the High Court has jurisdiction to hear Nandlall’s challenge, the charge was correct in law and that he had failed to establish that a constitutional breach had occurred.

The ruling left Nandlall dumbfounded and he indicated his attention to appeal the decison and to apply for a stay of the ruling.

Nandlall stands charged with fraudulently converting over $2 million in Commonwealth Law Reports that were allegedly the property of the Ministry of Legal Affairs.

The charge states that between May 8th, 2015 and May 29th, 2015, at Georgetown, being a bailee and Attorney General and Minister of Legal Affairs and having 14 Law Reports of the Commonwealth, valued at $2,313,853 and property of the Ministry of Legal Affairs, he fraudulently took or converted the reports to his own use and benefit.

Nandababa, have to face the music for the law books, Willy chalk another one, the fight for who is smarter continues.

After 3 years and umpteen investigations and finally a failed government, the only thing the PNC can come up with is a few law books, pathetic.   Django, Alyuh scratching for flees Banna!

Baseman posted:

After 3 years and umpteen investigations and finally a failed government, the only thing the PNC can come up with is a few law books, pathetic.   Django, Alyuh scratching for flees Banna!

Bhai, the law books is a battle between Nandlall and Williams, they trying to see who is smarter. Well Williams seems smarter and the trial continues.

I mentioned Nandlall should have hand over the books, matter will have been closed.

Django posted:

Colin Henry  Is What the government doing illegal? Meaning is filing appeal illegal?

 

 

Steaphen Ramdas  Do u realize the government is fighting the constitution the law of the land that they swear to uphold no I don't think so and not even them do y no commonsense

 

Colin Henry  Steaphen Ramdas OK teach me some sense, Show me where in the constitution it says, it’s illegal for the government to appealed the no-confidence vote👏🏽

 

Anthony Jeenarine  Colin Henry comply with the laws of the land and you have all right to proceed with all your complain....
But first comply...

 

Colin Henry  Anthony Jeenarine Please please explain to me sir, how is the government breaking the law?

 

Kailass Bansi  Colin Henry used your brain if u have any left government fall election in 90 days end of story !

 

Colin Henry  Kailass Bansi You got all the brains, but I will bet you $$$ you can’t show me Where it states in the constitution, that the government can’t appealed the CJ ruling

 

Indra Balkaran  Colin Henry
You are a true jackass.
Clutching at a straw to keep those thieving *******s in power.

 

 

Gavin Persaud  Colin Henry they need to resign and call election as to the laws of Guyana as indicated by the constitution of Guyana since they didnt step down and fix a date for elections they are violating the constitution which is the rule of law that governs the country . They dont know or pretend to don't know the laws so as to hold on to power so they filed many cases and when the CJ rule against them they say they respect her rulings but don't agree with her ruling so they now file appeals but none of what they are doing filing cases or appealing cases doesn't give them the right to stay in office and still going about like nothing has happened. They are breaking the law .

 

 

Colin Henry  Gavin Persaud oh boy, Can you show me where it states that in the constitution?

 

 

Gavin Persaud  Colin Henry they can appeal but it have no merit the constitution clearly states that the vote once carried and announced it cant be changed for any reason . Them filing a case or an appeal doesn't mean that they still can stay in office and not fix a date for elections .

 

 

Colin Henry  Gavin Persaud Everyone is the expert on the constitution, but yet still no one Can’t show me

 

 

Colin Henry  Gavin Persaud Blah blah blah blah show me

 

Colin Henry  Gavin Persaud How many Law degrees do you have?

 

 

Balram Jageswar   Colin Henry The constitution

 

 

Abdul Samad   Colin Henry They are trying to re-write our constitution

 

Some FB comments.

Yea, I read them.  PNC making it up along the way!  When the prescribed law don’t work, they revert to the law of the jungle!

Django posted:

Baseman posted:

After 3 years and umpteen investigations and finally a failed government, the only thing the PNC can come up with is a few law books, pathetic.   Django, Alyuh scratching for flees Banna!

Bhai, the law books is a battle between Nandlall and Williams, they trying to see who is smarter. Well Williams seems smarter and the trial continues.

I mentioned Nandlall should have hand over the books, matter will have been closed.

Bai, I don't think that Williams can be smarter than Nandlall even when Nandlall is fast asleep while Williams is wide awake. That said, I don't see anything wrong with charging Nandlall for the removal of the law books. His argument is that President Ramotar gave them to him and that Ramotar as President had that prerogative. Maybe Ramotar did or not. The trial should clarify that. But this could open another nightmare door for the PNC like the Dual Citizenship one. It could end up questioning why Granger instructed the Minister of Finance to deposit the USD18M. into an account held by three private citizens.

Baseman posted:

 

Yea, I read them.  PNC making it up along the way!  When the prescribed law don’t work, they revert to the law of the jungle!

This is true. PNC always resort to street mentality when they can't get their way. The slo fiah mo fiah gang would have already burned GT if the PPP were doing what the Coalition has been doing since December 22, 2018. I used the term Coalition with a lot of liberty here as there is no real coalition. It is all PNC.