GUYANA’s Attorney-General and Minister of Legal Affairs, Anil Nandlall, has sent a scathing response to Mr. Carl Greenidge, following what he dubbed a “callous attack” on the personal integrity of Guyana’s judges and the independence of the Judiciary.

Nandlall disclosed that he will be reviewing the legal options to address the issue. “In this regard, I will be reviewing the legal options,” he said.

Greenidge seems to still be “mentally incarcerated” in the prison of that era, where the judiciary was expected to be beholden to the PNC as a matter of political policy
– Attorney-General and Minister of Legal Affairs, Anil Nandlall

In an article published in Wednesday’s Kaieteur News, headlined ‘Courts deciding on MPs’ discipline further erodes separation of powers – Greenidge’, the A Partnership for National Unity (APNU) Member of Parliament

(MP) said, “It leaves us with a Judiciary keen to intervene at the behest of the Executive and handing out decisions that are damaging and inconsistent with the Constitution and its roots.”
In defense of the judiciary, the AG stressed that Greenidge’s comments are both an unwarranted and a distasteful verbal assault that is clearly intended to bring Guyana’s judges into disrepute and intimidate them.
“It is patently obvious that Mr. Greenidge has a tendency to proffer comments, publicly about matters which he knows little. It is equally obvious that his characteristic arrogance prevents him from consulting with those in his party whom I am aware know better. It is evident that his political leader is incapable of reining him and therefore, he continues to make careless, disrespectful, unfounded and embarrassing outbursts,” Nandlall declared.

OBLIVIOUS TO FACTS
Minister Nandlall contends that Greenidge seems oblivious to the fact that all of Guyana’s judges were lawfully and constitutionally appointed, and are competent to discharge the functions of their office and are not political stooges to the Executive.

Not only must it be condemned in the strongest possible manner but the relevant legal process ought to be activated so that appropriate sanctions can be imposed to protect our judiciary from such and similar scurrilous attacks, if not, our judges will not be able to rule fearlessly and in accordance with law” – AG Nandlall

He said, “Two things are obvious from this uninitiated disclosure. Firstly, Mr. Greenidge is unaware that in civilized societies, a person who is aggrieved by a decision of a judge is free to challenge that decision by invoking the relevant legal procedure rather than ‘cuss out’ the judge in the newspapers, attributing to those judges nefarious motives, and humiliating and intimidating him publicly.

“Secondly, he is oblivious to the legal right which every citizen possesses to have unhindered access to the Court to challenge any perceived violation of the law or the constitution. Mr. Greenidge further incredulously alleges that the President appoints judges ‘alone’ and in disregard of the constitution and the Judicial Service Commission. According to him, ‘as a consequence, an increasing proportion of those who are appointed are not only inappropriately experienced, but politically connected, have been inflicted on the public’.”
Nandlall said the APNU MP’s comments are “most contemptuous” and strike at the heart of the independence of the judiciary.

Something must be fundamentally wrong with an individual who is not only capable of conjuring up these occurrences and convincing himself that they actually took place but is prepared to assert them publicly – Minister Anil Nandlall

“Not only must it be condemned in the strongest possible manner but the relevant legal process ought to be activated so that appropriate sanctions can be imposed to protect our judiciary from such and similar scurrilous attacks, if not, our judges will not be able to rule fearlessly and in accordance with law,” Nandlall said.

GRAVE SITUATION
The Attorney-General made it clear that the situation is a grave one.
He said, “Mr. Greenidge continues his delusional utterance by stating that in September 2000, the President appointed four persons as Justices of Appeal ‘in defiance of the recommendations of the Judicial Service Commission’. Something must be fundamentally wrong with an individual who is not only capable of conjuring up these occurrences and convincing himself that they actually took place, but is prepared to assert them publicly.”
Additionally, he noted that Greenidge seems to expect the Guyanese public to believe that these “grave constitutional tragedies” took place in this country and not a single legal challenge was launched against them.
“The situation becomes even graver when one recalls that when Mr. Greenidge’s party was in government it preached and practiced the doctrine of ‘party paramountcy’. That meant that all institutions of the state were subject and subservient to the ruling party. They abolished the Privy Council as Guyana’s final court of appeal in order to control the judiciary. Then they flew the PNC (People’s National Congress) flag on top of the Guyana Court of Appeal,” Nandlall said.
Greenidge seems to still be “mentally incarcerated” in the prison of that era, where the judiciary was expected to be beholden to the PNC as a matter of political policy, the AG concluded.