ACTING Chief Justice Mr. Ian Chang, S.C., has granted an Order or Rule Nisi of Certiorari & Prohibition, calling on three top police officers to show cause why the charge of perjury against Anand Sanasie, on the advice of the DPP, should not be quashed. The Order granted was made in relation to a motion brought by Attorney Roysdale Forde in respect to an application by Mr. Anand Sanasie for Writs of Certiorari & Prohibition.
An order or Rule Nisi of Certiorari was directed to Leroy Brummel, Commissioner of Police (ag); Seelall Persaud, Deputy Commissioner of Police, Law Enforcement; and D/Cpl #17008 Chetram Sewsankar to show cause why a Writ of Certiorari should not be issued against their decision to charge Anand Sanase for the offence of perjury under Section 325 of the Criminal Law Offences Act, Chapter 8:01, on the basis of advice received from Shalimar Ali-Hack, the Director of Public  Prosecutions of Guyana, and/or her decision to recommend, or to accept the recommendation from officers of the Guyana Police Force, that the offence  of perjury under that section be instituted against Anand Sanasie in respect of an affidavit he had sworn to on January 30th, 2012.
The application is contending that the ground of the said decision is ultra vires; wholly in excess of jurisdiction, in that there exists no evidence to support the charge; is of no legal effect; and is in breach of and in denial of the principle of Natural Justice.
An Order or Rule Nisi of Prohibition was also directed to Priya Sewnarine Beharry, the Chief Magistrate of Guyana, or any other magistrate, preventing and/or prohibiting the Chief Magistrate or any other magistrate from hearing and/or determining the perjury charge against Anand Sanasie, listed on case jacket No. 8911 of 2012, on the ground and for the reason that the Director of Public Prosecutions’  advice and/or her decision to recommend, or to accept the recommendation from officers  of the Guyana Police Force  that a charge for the offence of  perjury under Section 325 of the Criminal Law Offence Act Chapter 8:01 be instituted against Anand Sanasie in respect of an affidavit sworn to by Anand Sanasie on the 30th day of January, 2012, is  ultra vires; wholly in excess of jurisdiction, in that there exists no evidence to support  the charge, and no evidence on which there can be any reasonable or realistic prospects of conviction;  is irrational, unreasonable,  null, void, and of no legal effect; is in breach of and in denial of the principles of Natural Justice.
The Order was entered yesterday, and the matter has been fixed for August 6, at 11:00hrs before the Chief Justice. The police officers are then expected to show cause why the charge of perjury instituted against Anand Sanasie should stand.