ATTORNEY-General, Mr. Anil Nandlall and Finance Minister Dr. Ashni Singh said in an affidavit in answer to Opposition Leader, Mr. David Granger’s claim about unlawful expenditure by the Minister, “that the contents were misconceived and erroneous in law.”They also said that the claim for a conservatory order in these proceedings is wholly misconceived and erroneous in law and suggested that the court ought to refuse the application with an appropriate order for costs.

In his affidavit in reply to the defendants’ affidavit in answer, Mr. Granger repeated that he relied on the averments in his ex-parte application by way of affidavit for an interim order.
He also said that he was advised by Attorney-at-law Mr. Rex Mc Kay, S.C., and verily believe that such expenditure is limited to one-twelfth of the budget approved in 2014, (current expenditure only) and continues for January to March 2015, in accordance with practice and under the provisions of the Fiscal Management and Accountability Act, 2003.
In the defendants’ affidavit in answer they assert that: 1. “ That all moneys expended by the Government for the year 2014 were done in accordance with the provisions of the Constitution of the Cooperative Republic of Guyana, lawfully and properly.
2. “I reject all or any allegation that the moneys which are the subject of Financial Paper No. 1 of 2014 were expended unlawfully or unconstitutionally.
“The year 2014 is almost at an end and even more significantly, in respect of the year 2015, pursuant to Article 219 of the Constitution, Parliament has made provisions under which, if the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, the Minister responsible for finance may authorise the withdrawal of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the services of the Government of Guyana until the expiration of four months from the beginning of the financial year or the coming into operations of the whichever is earlier.”
Dr Singh added, “That I have been advised by the Honorable Attorney General and Mr. Ashton Chase, S. C., and do verily believe that the application for a conservatory order in these proceedings is wholly misconceived and erroneous in law and this court ought to refuse this application with an appropriate order for costs.”
“That I am advised by the Honorable Attorney General and Mr. Ashton Chase, S. C. and do believe that by these proceedings the Honourable Court is being moved to vary and reverse its early decision in proceedings No. 21612- W of 2012, Demerara, by being requested to make an order based on the National Assembly “lawfully” disapproving certain expenditures set out in the 2014 Estimates of Expenditure amounting to approximately $36 billion; moreso, the plaintiff was a party to those proceedings and while an appeal has been filed against that decision it has not been reversed or stayed by any superior court, accordingly, these proceedings constitute an abuse of the process of the Honourable Court.”
When the matter resumes on Friday afternoon before Chief Justice Ian Chang, S. C. in Chambers, Attorney General Mr. Anil Nandlall will address the court.
Those who addressed the court yesterday included Mr. Rex Mc Kay, S.C. and Mr. Basil Williams, among others.

(By George Barclay)