PRIME Minister Moses Nagamootoo has requested that Justice Franklin Holder recuse himself

from the Carvil Duncan case, contending the outcome may be biased based on the simple fact that his attorney has been barred from being heard in the matter.

In the case, the State is being represented by the Attorney General and Legal Affairs Minister, Basil Williams. Williams, however, has been barred from appearing before Justice Holder until he issues a “genuine and meaningful” apology for statements that were considered to be disrespectful and contemptuous during an incident in the High Court on March 23, 2017. But these allegations have been rubbished by the Attorney General.
In a letter addressed to Williams dated May 4, 2017, the Prime Minister, in his capacity as a respondent in the matter, authorised Williams to request that Justice Holder recuse himself from the matter.

The Prime Minister told his Attorney that as a result of the incident and a subsequent petition to the Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards by Justice Holder, he does not believe that the trial would be a fair one.
“I am of the opinion that neither the State, nor I, will receive fair hearing in the matter,” Prime Minister Nagamootoo opined while stating three grounds on which he based his argument.

“The Judge had the power to handle the alleged incident between himself and the State’s Attorney General amicably in Court instead of retiring to his Chambers without the formal rising of the Court,” he pointed out.
Additionally, the Prime Minister argued that the petition to the Chancellor demanding that the State’s Attorney General apologises in open Court before continuation of the State’s matter, put the State at a disadvantage.

It was also noted that the petition was forwarded by the Chancellor to President David Granger, who is also a party to the Suit.
“Based on all the above mentioned grounds, I am of the opinion that I would be prejudiced in the Suit because my attorney is barred from being heard in the matter,” Prime Minister Nagamootoo stated.
As such, he authorized Williams to request that Justice Holder recuse himself from further hearing the matter.
The letter seen by the Guyana Chronicle was copied to President Granger, the Acting Chancellor and the Chief Justice (ag) Roxanne George-Wiltshire.

Meanwhile, Williams is maintaining his innocence. In a correspondent to President Granger, the Attorney General said that there is no merit to Justice Holder’s allegations, maintaining that at no time he was disrespectful, insulting or contemptuous. He too had lobbied for that High Court Judge to recuse himself from the Carvil Duncan case.
Referencing to the Contempt of Court Act Chapter 5:05, Williams pointed out there are provisions in the law for a Judge presiding in a Court to cite and punish persons for contempt.
Because Contempt of Court is a criminal offence, the Attorney General argued that Justice Holder was required under the Act to inform him of the offense committed before adjourning the matter on the same day.

“Justice Holder did not inform, warn or in any manner convey to the Hon. Attorney General that he considered he was being contemptuous before he left the Courtroom that day and was therefore functus officio.
Justice Holder could not lawfully almost two days later by letter purport to raise accusations of contempt against the Hon. Attorney General for what he alleges occurred in his Court previously,” Minister Williams argued.

According to him, at the time Justice Holder left his Court, he was accused of being contemptuous; however, it was only after Attorney-at-Law Anil Nandlall had made some scandalous statements, that a letter of complaint was filed by the High Court Judge.
“The Learned Judge found no fault with the Attorney General in his Court but, without informing him before hand and giving him an opportunity to respond, he purports to go behind his back to complain to the President in order to have the Hon. Attorney General dismissed.

As a consequence it is respectfully submitted that there is no foundation upon which Justice Holder could erect those serious allegations and sanctions he has proposed in his letter of complaint,” Minister Williams said.
The Attorney General told the President that it was Nandlall who was disrespectful in the Court while Duncan and his confidential secretary were being cross-examined.