THE Attorney General and Minister of Legal Affairs, Basil Williams, filed a notice of motion at the Appellate Court on Monday, for several orders pertaining to the case involving the Minister of Finance, Winston Jordan, and DIPCON Engineering services. If the motion is granted, filing of an appeal will follow.

This motion was resorted to, after a full-court hearing at the High Court on Friday, ended in a dismissal of the request for a stay of execution, of Justice Priya Sewnarine-Beharry’s judgment against Jordan. The judgment states that the State debt of US$2,228,400.67 to the Trinidadian Construction Company, is to be paid on or before July 8, 2019. Failing to do so, the minister will be liable to imprisonment for 21 days for criminal contempt of court by deliberately subverting the previous court order.

The request to the full-court for a stay was made, so as to facilitate time for the hearing of an existing appeal on the substantive matter. But Justices Diana Inshanally and Simone Morris-Ramlall were not satisfied with the grounds.

In the court documents seen by this newspaper, the AG is now requesting, from the Appellate Court: an Order for leave to appeal to the Court of Appeal; an order setting aside the order made in the full court on Friday; an order for an interim stay of execution of the judgment and orders of Justice Sewnarine-Beharry; an order treating the hearing of this application as urgent; and a further order for an expedited hearing of the application.
The notice of motion was accompanied with an affidavit from the finance minister, which outlines all the facts of the matter from the beginning of the case in 2015.

AG explained that the State’s stance in this matter is that they were unaware of the case which existed since way back in 2009. When the coalition government took office in 2015, they were served with the Judgment of Justice Rishi Persaud, stating that they are to pay the State’s debt to the company. That judgment was since appealed so that the State can present their case, but to date, all efforts to have the appeal heard, proved futile.

In 2017 the Chief Justice, Roxane George, issued an Order of Mandamus directing the finance minister to pay the debt. The State refused to commence any payment until their case is heard. Their constant refusal attracted an Order of Contempt of Court, however, the AG says that it is unconstitutional to issue such order against the minister given the provisions made in the State Assets and Proceedings Act. The AG told the Guyana Chronicle that the amount in that debt would go a far way in alleviating the hardships suffered by Guyanese people in the communities. As such, the State will exhaust all its remedies in the justice system.

President David Granger, on Monday, issued a Grant of Respite effectively preventing any arrest or jailing of Jordan. However, by virtue of the powers invested in the President under Article 188(1) (b) of the Constitution, and after consultation with the Attorney-General and Minister of Legal Affairs: he granted to Winston Jordan, in his personal capacity and as the Honourable Minister of Finance and Member of Parliament, a respite of the execution of the punishment imposed on him until all appeals and remedies available to him and the State have been exhausted,” the president outlined in the grant order.

In an interview with this newspaper, Williams SC said that the government is dissatisfied with the order of criminal contempt against the minister, and as such, will exercise its duty to protect against the dissatisfactory actions of the justice system.

Williams explained that the State would have been prejudiced by the Appellate Court, since the said court would have failed to constitute a panel to hear their application for stay in the substantive matter. This stay was to accommodate the hearing of the appeal of the judgment of Justice Rishi Persaud and the Oder of Mandamus by Chief Justice, Roxane George. It was due to the time of the hearing of the appeal case, that the company was able to build a case of contempt.

“So we have really been checkmated and because of that checkmate, it allowed Timothy Jonas, DIPCON’s attorney, to go to the high court and contend that there is no stay of the order, therefore the order is breached and the minister is in contempt.

But as we contended, the minister could not have been in contempt when there was no order that he has breached. And there is no previous order against Minister Jordan as a private person, all the orders are against the Attorney General and Minister of Legal Affairs, and the Minister of Finance,” the AG posited.

Adding that, “We are desirous of pursuing our remedies… Because if they refuse, then we can go to the CCJ.” Williams said that the position of the government is also grounded in the fact that no injunction or coercive order could be made against the State, which includes a government minister.

Sections of the State Liabilities and Proceedings Act, protection is of ministers and even judges, are provisioned for. “The law is very clear, so we are convinced that the minister could not have been personally sued for the debt of State,” he said.

In addition to the provisions in the Act, Williams implied that the order was bad in law, since it was that of a criminal contempt and should have taken a particular procedure, but that was not done. “He [Jordan] hasn’t been asked to plead in that matter, which he would be required under the requirements of a criminal charge. He hasn’t been personally served with the proceedings. In all the circumstances, the State believes that we have a duty.

We’re convinced that we have a good case at the appeal. We have not been able to get a hearing of the appeal… And you must remember that this case was outsourced from since 2008,” the AG pointed out.