…as chief justice throws out application to stay proceedings
CHIEF Justice (ag) Roxanne George-Wiltshire on Thursday threw out an application by theft-accused, Anil Nandlall effectively allowing the High Court trial regarding his alleged theft of law books to go on. And the court also directed him to satisfy it has the jurisdiction to hear the substantive matter before any further document is filed.

The case was heard in camera in the CJ chambers. Two weeks ago the Magistrate’s Court committed Nandlall to stand trial after finding that a prima facie case was made out against him. The former attorney general and opposition frontbencher later moved to the court to stay the proceedings and also asked the court to strike out the charge against him. Observers say Nandlall will be desperately trying to fight off the charge even as he cast his eyes on being the PPP’s Presidential Candidate for the 2020 general elections.

His lawyers in their application had stated that Magistrate Fabayo Azore who committed him to stand trial made numerous errors during the trial thus far. They argued that the “justice of this case” demands that his application for a stay of the proceedings in the lower court be made urgently.

In the appeal filed in the High Court, Nandlall’s lawyers are contending among other things, the magistrate erred in law when she overruled the submission of the applicant’s attorneys-at-law that the offence of “Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act, Chapter 8:01” is an offence unknown to the Laws of Guyana.

The lawyers are arguing, too, that the magistrate erred in law by failing, refusing or neglecting to give sufficient reason or at all on November 23, 2018, when she made her decision that the no case submission as required by the Judicial Review Act Chapter 3:06, Laws of Guyana.

“The learned magistrate committed an error of law by overruling the submission that the Ministry of Legal Affairs is not a legal entity and has no legal persona and is therefore incapable of legally owning any property although the particulars of the charge allege that the law reports in question are the property of the Ministry of Legal Affairs,” the lawyers stated.

In the application, Magistrate Azore and Superintendent Trevor Reid have been named as the respondents. Nandlall was asking for the matter to be stayed until the hearing and determination of the Fixed Date Application which challenges the validity of the charge.
Nandlall is on trial for the alleged theft of the Lexis Nexis Law Reports of the Commonwealth that cost some $2M. The law reports are the property of the Ministry of Legal Affairs, the charge contends.

Nandlall has been saying that while he was AG, the law books were purchased for him by the State with approval by former President Ramotar. He had also boasted that the law books were in his possession and he has no intention of returning them to the State. He subsequently secured an order in the High Court which bars the police from seizing the books.