Former Minister of Legal Affairs and Attorney General (AG), Anil Nandlall has threatened to file Contempt of Court proceedings against his successor, Basil Williams for the non-instalment of the Judicial Review Act (JRA).
Last Thursday, Justice of Appeal Rafiq Khan in the Court of Appeal, dismissed an application filed by the AG Williams to stay the execution of a decision of Chief Justice George compelling the minister to bring into force the JRA.
In his ruling, Justice Khan disagreed with Williams’ submission that section (1) of the JRA grants him discretion as to when the JRA should be operationalised.
However, Nandlal had warned that if Williams does not comply with the Chief Justice’s order, court proceedings would be filed against him.
In a statement to the media earlier today, Nandlall said that the law of contempt requires the “Order of Court” which is being enforced by contempt proceedings, to be served personally on the contemnor.
Alternatively, the law requires evidence to be produced to establish to the satisfaction of the Court that the contemnor is avoiding service but knows of the Order of Court.
He said that all attempts to serve a copy of Chief Justice George’s Order upon Williams, compelling him to bring the Judicial Review Act into force by the 31st of July, 2018, have thus far proven futile.
“Only this afternoon (Wednesday), a Marshall of the High Court attempted to serve him a copy of the Order at his Office at the Attorney General Chambers at 95 Carmichael Street, Georgetown but was informed by his Personal Assistant that the Attorney General cannot be served personally, by a Marshall with an Order of Court.
Yesterday, a copy of the said Order was served by a Marshall on the Personal Assistant of the Attorney General at the AG Chambers. On Monday, a copy of the said Order was also served on a clerk at the Attorney General’s Chambers, as well.” Nandlall wrote.
The politician said that judging from Williams’ actions, it is “clear” that the AG “believes that he is above the law so he is avoiding personal service.”
“However, the law is not an ass. The arms of the law are very long. I have outlined sufficient evidence which will establish to any Court that the Attorney General is aware of the Order of Justice George and that he is avoiding personal service of the same.
Therefore, I have accumulated enough evidence in relation to service and the contempt of court proceedings will be filed tomorrow (Thursday)”.
