Nandlall gets conservatory order against SOCU over law reports

Former Attorney General Anil Nandlall was yesterday granted a conservatory order by the High Court restraining the Special Organised Crime Unit (SOCU) from taking custody of the 15 law books that he says that the PPP/C government purchased for him.

In the order, made by Justice Dawn Gregory, agents of SOCU or the Guyana Police Force are prevented from “seizing and/or detaining the property” of Nandlall which was described as “fifteen (15) Commonwealth Law Reports for the years 2012 to May, 2015.”

Yesterday’s court action follows Nandall’s questioning by agents of SOCU, on Monday, which he has described as retaliation due to his public criticisms of his successor, Basil Williams SC.

Nandlall on Monday spent more than an hour at SOCU’s Camp Street headquarters, where he was questioned on his acquisition of the law books.

Former President Donald Ramotar, was also visited by two SOCU agents and he told Stabroek News yesterday that it was to verify that he was the signatory to a letter of approval, which Nandlall produced to SOCU as evidence that the books were his legally.

According to the fiftythree point affidavit in support of the application Nandlall made yesterday, he stated that the books were purchased as part of the terms of his employment contract, which he negotiated with then President Ramotar.

“In discussions I had with His Excellency, President Donald Ramotar, immediately prior to my appointment as AttorneyGeneral and Minister of Legal Affairs, I requested that as a condition of my service, that the Government of Guyana take over the payment arrangements I had with Lexis Nexis (U.K.) in relation to the said Commonwealth Law Reports for the period during my tenure as the Minister of Legal Affairs and Attorney-General. This was agreed upon as a condition of my service as Attorney-General and Minister of Legal Affairs,” the affidavit states.

“As such, Lexis Nexis (U.K.) were accordingly informed and sometime during my tenure, the payment arrangement for these books were changed and the Ministry of Legal Affairs begun to pay for the said Law Reports. When I demitted office, I so informed Lexis Nexis (U.K.) and I requested that the payment arrangement that existed (previously) be reactivated and the same was done.

Approximately, fourteen (14) Commonwealth Law Reports were received by me under the aforesaid arrangement,” it added.

‘Informed’

The former Attorney General also pointed out that when he demitted office in 2015, he informed his successor of the books and the circumstances in which they were acquired. At that time, Williams did not raise any queries but also noted that he was not a subscriber to any law reports.

It was through the press that Nandlall said he learned that Williams had commissioned a special audit into the said law reports and queried from Williams the reason, since he knew that he had already briefed him.

“The Respondent informed me that the investigation had nothing to do with me but it was intended to get rid of the Permanent Secretary of the Ministry of Legal Affairs,

who was sent on administrative leave by the Respondent and he further advised me to stay out of the matter,” Nandlall says.

After being contacted by the Auditor General on the matter, Nandlall said that he sent written correspondence to him detailing his acquisition of the said books.

Following his correspondence to the Auditor General, he said that President Ramotar subsequently wrote the Auditor General confirming that the books were a part of the condition of his service.

Nandlall said that the Auditor General completed this special investigation and submitted it to Williams since January of last year and it did not implicate him or the then Permanent Secretary in any wrongdoings. “The Auditor General Annual Reports for the years, 2012, 2013, 2014 and 2015, submitted to the National Assembly and duly examined by the Public Accounts Committee did not query the transaction in respect of the aforesaid Law Reports,” the Affidavit notes.

But he also points out that while the AG’s reports were made public, to date the probe sanctioned by Williams had not.

Nandall expounded on why the books were not only his but that SOCU hadn’t a right to confiscate them.

Said the Former Attorney General, “Fundamentally, at all material times, the subscription for the said Commonwealth Law Reports was in my name and all proprietary rights and interest in and to the said Reports are vested in me. The said Commonwealth Law Reports were sold and shipped to me in my personal capacity and not in my capacity as the Attorney General and Minister of Legal Affairs and therefore, the State of Guyana has no proprietary rights or interest therein and any forfeiture, seizure, detention or confiscation thereof would be unlawful and against my fundamental rights and freedoms.

“It is not disputed that the State of Guyana would have paid the subscription fees for the said Commonwealth Law Reports during the tenure of my appointment as Attorney General and Minister of Legal Affairs as part of and pursuant to the terms of my employment and, at most, the State of Guyana, its servants and/or agents may seek to recover the cost of those subscription from me if it is contended or alleged that the payment of the subscription fees was not part of my contract of employment or that I was not entitled to have those subscription costs paid for by the State.”

“It would be a grave breach of my fundamental right and freedom to property guaranteed under the Constitution for the State of Guyana through its servants and/or agents to seize, detain and/or confiscate property which the State has no right or interest or no right to possess.

“In the circumstances, I am fearful that my Fundamental Right and Freedom not to be deprived of my property is being or is likely to be contravened at any moment,” he added.

Nandlall is asking that the court declares that he is the owner of the 14 law books for the years 2013 to May 2015 and grants him damages in excess of $1M, “for the violation and infringement of the Applicant’s Fundamental Right and Freedom not to be deprived of property without the prompt payment of adequate compensation.”