Action misconceived, frivolous- & vexatious

VETERAN Lawyer Mr. Saphier Husain had his application to becoming a Senior Counsel under the Constitution of the Republic of Guyana, turned down since 2004.
The then Chancellor had acted on the advice of Attorney General of Guyana, Doodnauth Singh, a Senior Counsel.
In her affidavit in answer to the application by Husain, Chancellor Bernard added – “That I am further advised by Senior Counsel and verily believe that this action is misconceived, frivolous and vexatious and should be dismissed with costs.
The Chancellor’s Affidavit was drawn up by Mr. Doodnauth Singh, S.C. M. P., Attorney General and Minister of Legal Affairs, Attorney-at-Law for the Respondent and whose address for service and place of business is at the Attorney General’s Chambers, 93 Carmichael Street, Georgetown.

Describing herself as the Chancellor of the Judiciary of Guyana she added “That I have read what purports to be a true copy of the Affidavit in support of the Motion dated the 10th day of September, 2004 and filed by the Applicant herein.
That save where specifically admitted, I specifically deny each and every averment of fact and contention of law made and contained in the Applicant’s Affidavit as if same were set out verbatim and traversed seriatim.
That the facts to which I swear are true and within my personal knowledge save where stated to be based upon information in which case I verily believe same to be true and correct.

That paragraphs 2 and 4 of the Applicant’s affidavit are admitted.
That, no admission is made to paragraph 3 of the Applicant’s affidavit.
Paragraph 5 is admitted in so far as it states that the Plaintiff was admitted to practice law at the Guyana Bar.
That, I have no knowledge of the averments in paragraph 6 of the Applicant’s affidavit.
With respect to paragraph 7 of the Applicant’s affidavit , the origin of the title of Senior Counsel has its roots in the colonial days of British Guiana where the nomenclature was one that of “Queen’s Counsel”.
The first local appointment of “King’s Counsel” was that of the Solicitor General, Kingdom in 1890. A few months later the Secretary of State directed Dr. Carrington, the Attorney General to also be appointed as one of her Majesty’s Counsel for Brirtish Guiana with precedence over Mr. Kingdom’s letters patent as Queen’s Counsel.

Before independence, the appointments were made by letters patent issued by the Governor on instructions from the Queen. Since independence however, the practice has been for appointments to be made by the Governor General (now the President), on the advice of the Chancellor tendered by the Attorney General as the appropriate Minister.
When Guyana became a Republic all Queen’s Counsel were appointed Senior Counsel and the new appointments were in fact made on the 17th March, 1970 but with effect from 23rd February, 1970.

Thereafter, all appointments to the honour of Senior Counsel have been made on the advice of the Chancellor tendered by the Attorney General to the President.
That further, paragraph 7 of the Applicant’s affidavit it is admitted to the extent that there is no written provision in the law or the Constitution for Attorneys-at-Law to be given the status of Senior Counsel. The title of Senior Counsel has its genesis in the English Legal System upon which our system in Guyana is based. It is an honour bestowed upon Attorneys-at –law on the basis of merit, and it is attained through inordinately hard work and selfless devotion to the practice of law. The title of Senior Counsel is bestowed upon those who have distinguished themselves in the profession.

That in respect of paragraph 12 , even though many persons had, prior to April 2004, applied to be appointed as Senior Counsel, there had never been a specific form for the application. The Committee to advise on appointments had created a standard application form for applications for appointment as Senior Counsel and those persons who had applied were given such application forms to re-apply.

The paragraph 13 of the Applicant’s affidavit is admitted. The Applicant was not sent an application form since he did not fall within the category of persons described in paragraph 10 of this affidavit. However, the said application forms were available for any prospective applicant to collect from the Court of Appeal if they so desired.
That I am advised by Senior Counsel and verily believe that the orders being sought by the applicant should not be granted by this Honourable Court.

That I am further advised by Senior Counsel and verily believe that this action is misconceived, frivolous and vexatious and should be dismissed with costs.
This was the matter of an Appliction by Saphier Husain in the matter of Article 40 Part ( 2) Specific Title (1) Article 149,154 and 233 of the Constitution of the Republic of Guyana 1980 and Amendment thereto. -and – Saphier Husain – Applicant
And 1. The Attorney General of Guyana 2. The Honourable Chancellor of the
Judiciary Madame Desiree Bernard 3. His Excellency the President of the Republic of Guyana, in the person of Mr. Bharrat Jagdeo. Respondents jointly and severally.