Felix, Scott given ‘green light’ to return to Parliament

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Former Member

Chancellor of the Judiciary Carl Singh has given the green light to the government for Citizenship Minister, Winston Felix, and Minister within the Ministry of Communities with responsibilities for Labour, Keith Scott, to return to the National Assembly and sit as Technocrat Members of Parliament (MP).

This ruling was made during a hearing earlier today after Attorney General (AG) Basil Williams appealed a previous ruling by Former Chief Justice (CJ) Ian Chang which saw the two ministers being banned from Parliament.

At that time the CJ had pronounced that the move to have both ministers present as MPs was unconstitutional since technocrat members cannot be taken from a list of representatives belonging to a Party.

INews understands that at today’s hearing Chancellor Singh ruled in favour of the government granting a ‘stay of execution’ on the ruling made by the Former CJ.

The AG told the media this morning that an application for an interim stay pending the determination of the application for stay had been made and in light of it being granted, Ministers Felix and Scott can attend today’s sitting of the National Assembly.

Until the application for stay is fully heard, the two ministers can sit in the National Assembly.

Meanwhile, Former AG Anil Nandlall said the circumstances surrounding the ruling by the Chancellor ruling was “strange” and that he had even been served with a copy of the Ex Parte application.

Nandlall contended that when he heard about the appeal he immediately wrote the Courts requesting that he be present during the hearing and that it was today, while the case was ongoing, that he was served the relevant documentation.

“I find that very strange. Stays of Execution are not granted Ex Parte without hearing the other side…they have not heard me…what are you staying? You don’t stay a declaration…they are not orders that are coercive…they are declaring a state of affairs,” Nandlall argued.

According to the former Attorney General, the orders which are granted by the CJ are all “declaration” and cannot be stayed.

SOURCE: http://www.inewsguyana.com/fel...lors-ruling-strange/

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Bibi HaniffaGNI Queen

My understanding is that this is a one time permission and not a permanent thing - is that right?

Either way - go get them Anil!!!

2/26/1612:19 PM

Former Member

I think Chang screwed up with this ruling/declaration. It should be overturned.

2/26/1612:27 PM

Bibi HaniffaGNI Queen

From the Pen of Mr. Nandlall

In the morning of the 25th February, 2016, I wrote to the Honourable Chancellor of the Judiciary, indicating that my information is that the Attorney General in...tends to make an ex parte application for a Stay of Execution of the Ruling of Chief Justice Chang in the matter of re: Desmond Morian –v- Attorney General and Speaker of the National Assembly – Action No. 2015-HC-DEM-CIV-CM-55. I requested an opportunity to be heard on any such application.

Later that day, my Chambers received a Notice from the Registrar of the Court of Appeal informing me that a Summons filed by the Attorney General is fixed before the Honourable Chancellor on Friday, 26th February, 2016, at nine (9) hours at the Court of Appeal.

Again, later that day, my Chambers was served with a Notice of Appeal against the Decision of Chief Justice Chang, dated 19th February, 2016.

The Application for a Stay of Execution was not served on me or at my Chambers. Pursuant to the aforesaid Notice, I attended the Court of Appeal at nine (9) hours this morning. I saw the Attorney General and a battery of lawyers from the Attorney General’s Chambers present.

When the matter was called, I entered an appearance for the Respondent, Desmond Morian and informed the court that I was not served with a copy of the Application for the Stay of Execution. The Attorney General informed the Court that he is making an ex parte Application for the Stay of Execution. I indicated that I would like to be heard. The Chancellor ordered that I be served with the said Application and a copy of the same was handed to me. This occurred at 9:10 a.m. It was the first time that I was seeing the Application.

I applied for leave to file an Affidavit in Answer to the Application. I was granted five (5) days to do so. However, the Court proceeded to grant “an Interim Stay of Execution” until the hearing and determination of the Application for the said Stay of Execution. I objected on the grounds that I was not afforded an opportunity to be heard; that I was only momentarily earlier served with a copy of the Application and that the Orders granted by Justice Chang were declaratory orders and are therefore incapable of being “executed” and accordingly, there is nothing to “stay”.

The Court was unmoved by my objections and the matter was adjourned to the 14th May, 2016, for the full hearing of the Application for a Stay of Execution.

2/26/161:00 PM

Former Member

I am not a lawyer, but it sure looks like Anil is making a good argument. I wonder what the Chancellor has to say.

2/26/162:57 PM

Bibi HaniffaGNI Queen

baseman posted:
VVP posted:
I am not a lawyer, but it sure looks like Anil is making a good argument. I wonder what the Chancellor has to say.
Correct. Looks opaque. I believe the ghost of the PNC Past is very much Present here today!!

We might some Brain vs Brawn here. There is another side of this equation and presents a shift. Keith Scott is Walter Rodney's brother-in-law.

2/26/163:14 PM

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