By Richard Bhainie

THE dates for the admissions of Senior Counsel (Silk) to the Inner Bar of Court have been fixed by the Judiciary. A source close to the Guyana Bar Association has informed the Guyana Chronicle that the dates for admission to the Inner Bar of Court of Attorneys-at-law appointed Senior Counsel are fixed for the ceremonies to take place in the High Court. The source disclosed that Attorney-at-law, Mursaline Bacchus would be admitted on Friday, December 18, at the Berbice High Court.
Attorney-General and Minister of Legal Affairs, Anil Nandlall; Attorneys-at-law, Jamela Ali; Roysdale Forde and Stanley Moore would be admitted on Monday, December 21 at the Demerara High Court. Attorney-at-law, Timothy Jonas, was also appointed Senior Counsel, along with Attorney-General, Anil Nandlall, by President Irfaan Ali after consultation with the Chancellor of the Judiciary (ag), Yonette Cummings, with effect from October 30, 2020

However, it is unsure whether Jonas would be admitted along with the named individuals as there is currently a legal battle between himself and the Attorney-General, Roysdale Forde, Mursaline Bacchus and Stanley Moore, who are named respondents, in a court action related to the matter. Efforts made by this publication to contact Jonas proved futile. On December 31, 2019, former President David Granger, through the Ministry of the Presidency announced the appointments of Attorneys-at-law Mursaline Bacchus, Jamela Ali, Roysdale Forde and Stanley Moore as Senior Counsel. In August 2020, Jonas moved to the Court seeking an Order of Certiorari to quash the appointments on the grounds that the President would have acted ultra vires in making the decision.

Jonas, through his attorney, Teni Housty, contended that the President has no authority to appoint Senior Counsel, as there is no statutory or other power conferred on the President to do so, therefore, the decision to make such a decision is void and of no effect. The Attorney-General and Minister Legal Affairs, Anil Nandlall, who is listed as the first named respondent in the matter submitted to the Court that the President, as the Supreme Executive Authority of Guyana, is vested with the exclusive prerogative to confer Silk upon attorneys-at-law; a prerogative which does not infringe on judicial independence, nor is it unconstitutional in any other way.

Nandlall in his submissions to the Court explained “the prerogative power to appoint King’s and Queen’s Counsel was a residuary power not located in any Act or Ordinance, but which was still vested in the King or Queen (Sovereign), as the case may be.” He explained that while some jurisdictions changed their laws post-independence to either do away with the superior rank of ‘silk’ among attorneys-at-law, or modified their system by which they are appointed, Guyana only changed the name from Queen’s or King’s Counsel to Senior Counsel and the appointment procedure was transplanted to Guyana.

During oral arguments on December 14, Housty contended that the power to appoint Senior Counsel must rest with the Full Bench of the High Court of the Supreme Court of Judicature, and that if the presidential power is permitted to stand, it could have a debilitating effect on the administration of justice. The ruling by Justice Nareshwar Harnanan in case 2020-HC-DEM-CIV-FDA-627 between Timothy Jonas and The Attorney General of Guyana et al. is scheduled to be delivered on Thursday 17, December at 15:00 hours, in the Demerara High Court.

Jonas had previously indicated that he will await the ruling of the court in the ongoing matter before he accepts the appointment. The source also disclosed that it is understood that President, Dr. Irfaan Ali, will present Attorney- General, Anil Nandlall, with his instrument of appointment as Senior Counsel during the course of the week. In the Commonwealth Nations, the elevation to Senior Counsel or ‘Silk’ as it is often referred to, is conferred upon distinguished lawyers for exemplary contributions in the field of law; upon conferral of which the recipients are admitted a member of the ‘Inner Bar’ of Court.