ON 18th March, 2013, Justices Rishi Persaud and William Ramlal sitting in the Full Court unanimously agreed with the full submissions made by Attorney General Anil Nandall and State Counsel  Arianne Mc Lean to dismiss the Order preventing the Government of Guyana

from taking or keeping possession of any machinery and equipment of Synergy Holdings Inc. in the course of the construction of the Amaila Falls Road Project, and  delivered a written decision to this effect and awarded substantial costs to the Attorney-General.
On the 18th March, 2010, Synergy Holdings Inc. and the Government of Guyana entered into an Agreement for the clearing of forest and construction of the Amaila Falls Road, subject to the terms and conditions of the said Agreement, a press release stated.
It noted that on the 16th December, 2011, Synergy Holdings Inc. represented by Mr. Makeshwar ‘Fip’ Motilall, the Chief Executive Officer, was informed of the expiry of the Performance Bond for the contract and was requested to have it extended to cover the duration of the works.
The said Agreement, the release noted, was varied on 21st December, 2011, when both parties signed a further “Agreement for Completion” contract in which Synergy Holdings Inc. agreed to provide a valid Performance Bond.
As a result of the failure of Synergy Holdings Inc. to do as it agreed, the Agreement was terminated by the government and the machinery and equipment which was being used by Synergy Holdings Inc. on the Amelia Falls Road Project was seized, the release said.
Then on the 16th January, 2012, Attorneys-at-Law Messrs Miles Fitzpatrick, S.C., and Timothy Jonas filed an ex parte application by way of Affidavit for a Conservatory Order on behalf of Synergy Holdings Inc. for redress under Article 153 of the Constitution, claiming contravention of its fundamental rights guaranteed by Articles 40 and 142 of the Constitution.
The release said further that on the 6th August, 2012, the Chief Justice granted the Order directed to the Attorney-General and preventing the Government of Guyana from taking or keeping possession of any machinery and equipment of Synergy Holdings Inc. in the course of the construction of the Amaila Falls Road Project.
In the meantime, an Application was made by Attorney General Anil Nandlall and State Counsel Arianne Mc Lean to have the said Order struck out on the grounds that it was misconceived and constituted an attempt to abuse the constitutional jurisdiction of the court.
The Chief Justice considered the Application and ruled that the institution of the constitutional action by Synergy Holdings Inc. was in fact misconceived and constituted an attempt to abuse the constitutional jurisdiction of the court and on 12th March, 2012, the Order was struck out.
The release noted further that on the 18th September, 2012, Attorneys-at-Law, Miles Fitzpatrcik, S.C., and Timothy Jonas, in a desperate attempt to once again repudiate the actions of the government, appealed the Chief Justice’s decision to the Full Court, claiming that the Chief Justice erred in law and that the said decision was wrong and unsupportable by the evidence which was before him.
During the course of the proceedings the Attorney-General and Mc Lean advanced arguments, cited authorities in support thereof and finally submitted that the appeal filed on behalf of Synergy Holdings Inc. was without merit and destined to fail.
Main Argument
The main argument advanced by the Attorney-General and  Mc Lean, the release stated, was that the State, as a signatory to the agreements, was acting in its capacity as a private contracting party, and not in the exercise of a public law power, and therefore any actions or purported breaches of the Agreement cannot attract constitutional relief.
They also pointed out that Synergy Holdings Inc. filed proceedings in the Commercial Court Division of the High Court seeking damages for an alleged breach of contract, the same reasons for which it was seeking constitutional relief before the Constitutional Court; a clear abuse of the process of the court.
And on the 18th March, 2013, sitting in the Full Court, Justices Rishi Persaud and William Ramlal unanimously agreed with the full submissions made by the Attorney General and Mc Lean, and their Honours delivered a written decision to this effect and awarded substantial costs to the Attorney-General, the release concluded.