…Barbadian QCs admitted to bar for today’s hearing

AHEAD of today’s crucial hearing in the court challenge against President David Granger’s appointment of Justice James Patterson as chairman of the Guyana Elections Commission, the chambers of the Attorney General has strengthened its legal team with the inclusion of two Barbadian Queen’s Counsel- Ralph A. Thorne and Hal Gallop.

The attorneys were admitted to the local bar on Thursday after their petitions were presented to High Court Judge James Bovell-Drakes by Solicitor General Kim Kyte. They will join Kyte, Attorney General, Basil Williams SC, and Principal Legal Advisor at the AG Chambers, Judy Stuart to defend the state’s case.
At the last hearing of the case on November 16, 2017 Chief Justice (ag), Roxanne George had cautioned lawyers involved not to try the matter in public. At the said hearing Justice George-Wiltshire had outlined a timeline for the filing of submissions by both sides. The PPP through its Executive Secretary, Zulfikar Mustapha, had until December 18 to file its submissions to the court, while the Attorney General’s Chambers had until December 18 to file its response. The PPP then had until January 3, 2018 to file its response. The hearing today will deal specifically with clarifications and oral arguments.

Thorne was awarded his Legal Education of Certificate (LEC) in 1984 and practices in the areas of Criminal, Civil and Public Law litigation; Real estate; Commercial advisory/Incorporations; General legal practice and Administration and Estates. Notably, in 2007 he was appointed as the Queen’s Counsel and has been admitted to the bar in several Caribbean countries during his lifetime such as Barbados, British Virgin Islands, Grenada and the Turks and Caicos Islands. One of Thorne’s most noteworthy cases is ‘Elvis Alexander v. R’ in which portions of the Barbados Firearms Act were declared unconstitutional in 2014

The former Chairman of Caribbean Broadcasting Corporation and lecturer on legal and social issues, says that the similarities between the two countries outnumber the differences which makes him delighted to begin his work locally.

For his part Gallop says he looks forward to practicing in the country and being able to further take part in the molding of the Caribbean jurisprudence. “It is indeed a privilege and an honor to be called to the bar in Guyana, a country which has traditionally had very strong links to Barbados…a country which has had a very rich jurisprudential tradition,” Gallop stated.

Being appointed as one of her Majesty’s Counsel and admitted to the Inner Bar was a 2013 highlight for Gallop while, in addition to his law qualifications, he has attained a Diploma in Educational Studies and a Teacher’s Training Certificate. This enables the attorney to lecture on Administrative, Constitutional and Human Rights law, while he serves as the External Examiner at the University of the West Indies (UWI) LLM Programme.

Gallop was involved in the Commission of Inquiry to several matters such as the burning of Her Majesty’s Prison and the Winston Hall escape from the said prison in Barbados.

Duplicitous
Mustapha back in October last year had moved to the High Court to declare that the appointment of Justice (ret’d) James Patterson as Chairman of the GECOM is unconstitutional and null, void and of no legal effect. Additionally, he has asked the Court to grant an order “rescinding, revoking, cancelling and setting aside the appointment” of Patterson and further asking the High Court to choose a person from the 18 nominees submitted to the President by Opposition Leader Bharrat Jagdeo. Jagdeo submitted six names on three lists all of which were rejected by President David Granger who deemed the nominees unfit for the post.

However, the Attorney General, Basil Williams has argued that the opposition of being duplicitous in their challenge to the appointment of Justice Patterson, pointing out that on almost all of the grounds they deem him to be unfit, leading nominees submitted by Opposition Leader Bharrat Jagdeo fell down in. He also contended that for the judicial arm to entertain and grant such an application would encroach on the very principles of separation of powers and the spirit and intendment of the constitution and an affront to the rule of law. “I will further contend that such a direction would be tantamount to a usurpation of the powers of the executive arm of government by the judiciary, who cannot govern,” Williams said in his affidavit submitted and sworn to by Solicitor-General Kim Kyte.

He argued that the immunities of the President are enshrined in the Constitution, by virtue of Article 182(1). “It directs that His Excellency the President shall not be personally answerable to any Court for the performance of the functions of his or her own office or for any act done in the performance of those functions and no proceedings, whether criminal or civil, shall be instituted against him or her in his or her personal capacity in respect thereof, either during his or her term of office or thereafter.”

Williams described the contentions by Mustapha as irrelevant, speculative, malicious, frivolous, and vexatious and ought to be struck out forthwith. Mustapha is being represented by Attorney, Anil Nandlall.