CHIEF Justice (acting) Roxanne George-Wiltshire last week discharged the Order or Rule Nisi of Certiorari in the matter of former Attorney General and Minister of Legal Affairs Anil Nandlall and Chief Magistrate Ann Mc Lennan.

Back in June, Nandlall had approached the High Court requesting that the issuance of a search warrant by the chief magistrate be quashed as he had secured Conservatory Orders.
He contended too, that the search warrant was issued outside of the jurisdiction of the chief magistrate and was deemed to be in violation of a Conservatory Order issued by the acting Chief Justice on April 25, 2017 and extended on May 10, 2017 and June 12, 2017.
Mc Lennan on June 27, 2017 issued a search warrant to SOCU at the request of Special Superintendent of Police, Brian Vieria, to search Nandlall’s premises at 55 Chandranagar Street, Prashad Nagar and 217 South Road for the law books to be used as evidence. Nandlall had questioned the extent of SOCU’s investigation as the address stated in the court order was reportedly incorrect.

Nandlall had secured the Conservatory Orders to prevent the Special Organised Crime Unit (SOCU) from seizing some 15 Commonwealth Law Reports paid for by the State.
The former attorney general and minister of legal affairs made the application one day after he was arrested and questioned over the law reports worth some $2.5M, and which he had taken away from the Ministry of Legal Affairs in 2015, allegedly with the permission of former President Donald Ramotar.

The former attorney general argued that he was the owner of the Commonwealth Law Reports for the years 2013 to May 2015, noting that they were acquired during his tenure as attorney general and legal affairs minister.
He had been subscribing to Lexis Nexis (UK), the publishers of the Commonwealth Law Reports since 2003.

Meanwhile, Justice George-Wiltshire discharged the order because no evidence was presented showing that the chief magistrate, had knowledge of a Conservatory Order issued to former attorney general and minister of legal affairs.
In her ruling, the Chief Justice (acting) noted that the chief magistrate had jurisdiction to hear the matter.

Justice George-Wiltshire ordered that the Order Nisi of Certiorari granted on July 6, 2017 be discharged and costs to the tune of $50,000 were awarded to the respondent.
Judy Stuart-Adonis appeared on behalf of Mc Lennan while Nandlall appeared in person.