THE Nisi Order that was served on Acting Town Clerk Yonnette Pluck, calling on her to show cause why her decision to act in that capacity should not be prohibited, is badly worded and cannot be interpreted to mean that it has injunctive effect. That was the advice given Georgetown Mayor Hamilton Green yesterday, by letter from Mr. Robert Ramcharran of the law firm Luckhoo and Luckhoo.
The lawyer advised that, in the present circumstances, the order does not prohibit Pluck from exercising the powers of Town Clerk.
He said a nisi order can, in particular instances, have an injunctive effect and that, of course, depends on the wording of it.
Ramcharran said, at the request of Mr. Green, he revisited his original opinion and was more fortified in it, that, based on the particular wording, it is not injunctive.
Writing to councillors yesterday, Green said he was forced to adjourn the Monday statutory meeting, following a display of unacceptable and unparliamentary behaviour.
“What followed was a disgraceful display by certain councillors, certainly not a proud moment for us all,” he wrote.
Green said the law, whether it is constitutional, criminal or corporate, is characterised by different opinions on a single issue.
Referring to the legal advice from the Hughes, Fields and Stoby law firm, the Mayor said: “Different interpretations of any law or otherwise by the most brilliant of minds is what has given the legal profession its vibrance and charm. Likewise a judicial order or what is purported to be such is also, often, subject to different and varying interpretations.”
“It is, therefore, the height of myopia when either of us can become obsessed with a single opinion or viewpoint. It is this which appeared to have caused the rumpus at the meeting,” he continued.

Finger pointing
Green wrote that the hostile finger pointing on Monday constituted an assault. “May I remind those who loudly issue threats. Do not be confused by my desire for peace and harmony. I maintained a calm because my experience is that strong, capable individuals do not issue direct or veiled threats. Only cowards do and those whose steel has neither been sharpened nor burnished.”
He said he has no automatic bias on the issue but the law is the law. “This is not a time for puerile tantrums or irrational outbursts based on mere suspicion or rancour.”
“Let us await the ruling of the Judiciary while, at the same time, urge the Honourable Minister to bring closure to this issue, which has, now unfortunately, taken on the aura of divisiveness and hostility.”
The Mayor’s letter and the response by Ramcharran were both faxed to the Guyana Chronicle yesterday afternoon.
At the statutory Monday, Green was criticised for encouraging councillors to disobey the court order, by Justice Diana Insanally, served on Pluck last Friday.
It happened when a motion, moved by Councillor Ranwell Jordan and seconded by Councillor Gwendoline McGowan-French, caused a walkout from the fortnightly forum.
Jordan informed the council that, based on legal advice from Mr. Nigel Hughes, Pluck was prohibited from discharging the duties and functions of Town Clerk until the court has heard and determined the issue on May 16.
On the other hand, the Mayor had reported that other legal advice was to allow Pluck to remain in her capacity until the dispute is determined by the highest forum.
Minister of Local Government and Regional Development, Mr. Kellawan Lall had recommended that a new panel be set up to identify a substantive Town Clerk.
It should consist of a representative of the Georgetown Municipality, one from the Local Government Ministry, one from Guyana Labour Union (GLU), one from Guyana Local Government Officers Union (GLGOU) and one from the Prime Minister’s Office.