THE Guyana Court of Appeal, presided over by Acting Chancellor Carl Singh, has begun hearing the case in which Vieira Communications Limited (VCL) is challenging a decision in favour of the Attorney General and the National Frequency Management Unit (NFMU).

It arose out of a June 11, 2007 judgement, dismissing VCL’s action to claim redress for alleged contravention of its fundamental right to freedom of expression guaranteed in Article 146 of the Guyana Constitution.

The trial judge had found that, in August 2001, VCL established a wireless telegraph station without a licence, contrary to Section 63 (1) of the Post and Telegraph Act, Chapter 47:01.

But Senior Counsel Rex Mc Kay, for VCL, submitted yesterday that, with total disregard for the fundamental right of the appellant to the presumption of innocence guaranteed by Article 144 of the Constitution, the judge had made findings of guilt without trial.

According to McKay, the motion for constitutional redress was dismissed on the ground of abuse of the process, because of the appellant’s willful disobedience of warnings given him by the Prime Minister, to discontinue his broadcast and, moreover, the continuation of the illegal act even after he was charged.

Mc Kay said the uncontested evidence presented on behalf of the appellant was so overwhelming and the legal principles so clear that the refusal of the judge to award for breach of fundamental right was perverse, unreasonable and cannot be supported.

The case has been adjourned to a date in June, when Mc Kay will continue his submissions, with other Justices of Appeal Yonnette Cummings-Edwards and B.S. Roy also on the Bench.