APART from deposing in his affidavit about the written communiqué the then President Jagdeo and the then Opposition leader, Robert Corbin had agreed upon on a range of political issues, Managing Director of NFMU Valmikki Singh had in the Affidavit in Answer referred to the Broadcasting Act, No. 17 of 2011 which is now in force.
And that legislation now governs the grant of licences to operate in the broadcasting sector and that the said legislation establishes rules and guidelines as to how it operates.
The first four respondents for whom an affidavit in answer was filed on their behalf are the Attorney General of Guyana; the minister performing the functions of Minister with the responsibility for Broadcasting;the National Frequency Management Unit and the Guyana National Broadcasting Authority.
The other 12 respondents who are represented by Mr. Roysdale Forde have not filed any affidavit in answer.
Mr. Valmikki Singh, the Managing Director of the third named respondent who had been authorized to depose the affidavit on behalf of the four stated:
“I have read what purports to be a true copy of an affidavit in support of Originating Notice of Motion (hereinafter referred to as “the said Affidavit”) sworn to by the applicant on the 19th day of April, 2013, and filed in support of the Originating Notice of Motion herein. Save where expressly admitted, I specifically deny each and every averment of fact and contention of law made and contained in the said affidavit as if same were set out at length verbatim and traversed seriatim.
The facts deposed to herein are within my personal knowledge true and correct where based on information and belief and/or are available to me from the records which are in my custody and possession, in which case I verily believe the same to be true and correct.
I have no knowledge and make no admissions of the averments contained in paragraphs 1……. 67 and 68 of the said affidavit and the applicants are put to the strict proof thereof.
As regards paragraphs 23 and 24 of the said affidavit, I am advised by my Attorney-at-Law and do verily believe that on the 6th day of May, 2003, President Bharrat Jagdeo, as he then was, and Mr. Robert Corbin, Leader of the Opposition, as he then was, agreed upon a written communiqué on a range of political issues. However, it will be contended that exhibit “GL15” to the said affidavit is inadmissible hearsay and ought to be struck out.
As regards paragraphs 26 and 37 of the said affidavit I am advised by my Attorney-at-law and do believe that on the 27th day of September, 2011, the Broadcasting Act, Act, No. 17 of 2011 (hereinafter referred to as the Act”) was enacted by the legislative and received Presidential assent, however the Act was commenced on the 28th day of August 2012 by Order No. 177 of 2012, dated the 24th day of August, 2012.
As regards paragraph 30 of the said Affidavit it will be contended that a total number of eleven (11) entities and/or individuals were granted permission to broadcast sound signal.
Paragraphs 31 and 32 of the said affidavit is admitted to the extent that licences to broadcast sound (audio) signals were issued under the Post and Telegraphy Act, Cap. 47:01. However, it will be contended that I do not know what a Radio Broadcast Frequency Licence is, as referred to by the applicants.
As regards paragraph 34 of the said affidavit, it will be contended that the Hon. Prime Minister of the Republic of Guyana, Mr. Samuel Hinds, made a public disclosure on this matter herein since the 14th March, 2012, in the National Assembly.
Paragraph 40 of the said affidavit is specifically denied. In the said court proceedings, I deposed that the Telecommunications Policy of Guyana, an essential element of the Telecommunications Reform and Modernisation Project which was then in the process of being developed, is expected to provide a guideline on the technical considerations that are necessary for the licensing of television and radio broadcasting in Guyana. These considerations include frequencies and or channels to be assigned, geographic locations, power of transmitters and height above terrain of antennas and broadcasting standards to be used.
The affidavit in answer on behalf of the four respondents, which was deposed by Mr. Valmikki Singh, was prepared by Solicitor General Miss Sita Ramlal.