ACTING Chief Justice Mr. Ian Chang, S.C., who granted two (2) Rule Nisi Orders against Guyana Defence Force (GDF) Chief of Staff Commodore Gary Best on March 19th, has fixed April 4th as the date to begin hearing arguments in the matter. The Commodore and his officers concerned were ordered forthwith to make the one-month incentive payments that were awarded to the four officers of the GDF by His Excellency, President Donald Ramotar, the Commander in Chief of the Joint Services.         

The Chief Justice was acting on  complaint from Major Lesley Ramlall for Writs of Certiorari  directed to Chief of Staff Commodore Gary Best, seeking to quash his decision to withhold the one-month incentive payments given by His Excellency, President Donald Ramotar, the Commander-in-Chief of the Joint Services, on December 19, 2012.

The writs were granted on the grounds that the said decision was made arbitrarily,  unreasonably, unlawfully, unfairly, in breach of the rules of natural justice, was based on improper or irrelevant  consideration, and was ultra vires the Defence Act, Chapter 15:01 of the Laws of Guyana, were null and void and of no legal effect unless cause is shown why the said Order or rule Nisi of Certiorari should not be made absolute.

The Chief Justice made an order or Rule Nisi of Mandamus directed to Commodore Gary Best,  Chief of Staff of the GDF, commanding him to forthwith pay to Leslie Ramlall, Rono Joseph, Harold Fraser and Andrew Cush, the applicants, their one-month incentive payment as awarded by His Excellency, Commander-in-Chief of the Joint Services, on  December 1, 2012, on the ground that the refusal of the said Commodore Gary Best to pay the said incentive is unlawful, in excess of jurisdiction and also in bad faith with procedural impropriety, is ultra vires, null, void and of no legal effect.

The Order was entered.
The Second Nisi Order, dealt with on the 19th December, concerned the second Rule Nisi of Prohibition directed to  Commodore Gary Best, Chief of Staff of the Guyana Defence Force; Colonel Fitzroy Warde, Major Albert George and Major (Hon) Mellisa Yearwood-Stewart, to show cause why a writ of  prohibition should not be issued to stay the Summary of Evidence  Proceedings pending in relation to charges made against Lesley Ramlall, unless and until Lesley Ramlall is permitted to be represented by counsel during the said proceedings, on the ground that denial of the right to legal representation is arbitrary, irrational, unreasonable, unfair, unlawful, unconstitutional, null and void, and of no legal effect.

At the hearing of the second Nisi Order, Lesley Ramlall, who was charged with an offence, was denied representation by counsel.

At the hearing on December 19th,   he was represented by Attorney-at-Law Mrs. S. Ramlal. Miss Prithima Kissoon represented the respondent.