— no basis for injunction in the first place
JUSTICE Diana Insanally yesterday discharged the injunction filed by Opposition Leader Robert Corbin restraining Juan Edghill, John Willems and Carvil Duncan from performing their duties as commissioners of the Ethnic Relations Commission (ERC). Following an ex-parte application by Corbin last May, Justice James Bovell-Drakes had granted the injunction restraining the commissioners from performing their duties.
On June 6 last, and upon an application by D. Harnanan from the Attorney General’s Chambers, the judge had granted leave for the ERC commissioners to file an affidavit in answer by the 28th of that month, when the parties had been expected to be in court.
According to Edghill at a press conference following the court’s ruling yesterday, the plaintiff had since delayed the process by asking for time and extensions.
Speaking at the ERC’s office in Peter Rose Street, Queenstown, shortly after Justice Insanally’s pronouncement, Edghill said the intent of the injunction was to stop the ERC from functioning during the elections period.
“At the appropriate time, when the written judgment is ready, you will discover that there was no basis for such an action to be filed and granted in the first place.
“The judge said clearly that Corbin claimed that the ERC was unconstitutional since 2007. There was no emergency for four years, that you waited until May to come and file such an injunction. (The judge) also said that the conservatory orders that were granted ought not to have been granted. So that means it has all been discharged.”
Edghill said he had met with staff of the commission just before calling the news conference, and had informed them of the decision of the court: the reinstatement of the three officers as commissioners.
“The dilemma is that, if I am going to be a candidate to the poll, while there is no rule anywhere that says I ought to resign as Chairman of ERC, I did not allow Frank Anthony and Cheryl Sampson to sit, once they became candidates to the poll and then sitting members of parliament.
“The same rule that I thought was in the best interest of the people of Guyana, the same rule will apply to me, because the objectivity and the integrity of the commission must not be destroyed because of any personality.
“So I would like to give the assurance to the people of Guyana, inasmuch as the injunction has been discharged, I will not be interfering or making any decisions on behalf of the ERC during this period of the election.
“The fact that we had a hiatus from May till now, there are administrative things that need to be settled. I will not deal with those matters within the next few days, because we have an election, and I am a candidate to the poll. As soon as we can conclude all the administrative matters that were left hanging, I will excuse myself permanently from performing the functions of Chairman of the ERC.”
Meanwhile, Edghill said he knew there was a diabolical plot to ensure the ERC was not in place, and that Corbin became the front person to use the court as a way of seeking to get that end achieved.
“This was a grand plot that was being revealed … the plan of the PNCR and those in opposition, who wanted to perpetuate a racist agenda in this election to ensure that the ERC was not in place, and the courts (were) being used as a way of tying up the commission from doing its work.”