THE RED HOUSE SAGA: AN UPDATE

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(Following is a comment from former Attorney General and PPP/C member of Parliament Mohabir Anil Nandlall on the ongoing Red House saga)

 

Today, I filed legal proceedings for and on behalf of the Cheddi Jagan Research Center INC, as a result of an announcement made last night by the Office of the President “that the President has ordered that the lease for Red House to CJRCI be revoked and that the occupants vacate the property by December 31st 2016.”

 

 

 

 

 

 

 

 

Mohabir Anil Nandlall

Among the reliefs sought in the proceedings were a declaration that the lease to CJRCI is valid, binding and in force; a declaration that the revocation or threatened revocation of the said lease is unlawful, illegal, contrary to and in breach of CJRCI’s fundamental right not to be deprived of its property, that is, its 99 years lease hold-interests as guaranteed by article 142 of the Constitution; damages for breach of contract and breach of constitutional rights; a Conservatory Order restraining the Attorney General, his servants and agents or any other Government officer or the State from ejecting or evicting the CJRCI from Red House or interfering with their occupation, possession/quiet and peaceful enjoyment of Red House and a Conservatory Order restraining the Attorney General, his servants/agents or any other Government officer or the State from interfering with or removing or destroying any of CJRCI’s property, documents, artifacts, books, papers, and other archival materials stored at the Red House.

I approached the court ex parte. The matter was heard by Chief Justice Yonette Cummings-Edwards. At first, the Judge refused the ex parte application for the Conservatory Orders and ordered that the proceedings be served on the Attorney General and adjourned the matter for 3 pm. The proceedings were served.

At 3pm Mr. Basil Williams, Attorney General, appeared. To my utter surprise and to the surprise of the judge, he informed the court that the lease was revoked “several days ago” and that the Government had already taken possession of Red House “several days ago;” therefore, the court will be acting in vain if it made any of the Conservatory Orders. I pointed out to the Court, the following:

  1. That the statements of the AG cannot be true because only last night in a Statement the issued by Office of the President said that the President “has ordered a revocation of the lease and that the occupants must vacate the Red House by the 31st of December. Therefore, the lease has not yet been revoked.

 

  1. That the Red House staff was still there.

 

  1. That only this morning I retrieved from Red House certain documents which I made a part of the court proceedings. That, therefore, CJRIC was still in possession of the building and no one ever attempted to take possession from them.
  1. That in any event the Conservatory Orders were to protect the current status quo.

In response, Mr. Williams outrageously argued that the statement issued by OP last night was wrong and that he does not know about any such Statement and that he is acting on the President’s instructions.

Eventually, the Judge granted an Order restraining the AG, his servants and or agents and every officer of Government or the State from interfering with or removing or destroying any property, materials, artifacts of the CJRIC stored at Red House.

As I was leaving the court, I received a phone call that persons from the Office of the President were at the Red House breaking the sign and padlocking the doors and gates, although the Red House’s staff were inside the building. The clear inference is that after the court hearing, Mr. Basil Williams instructed them to go to the Red House. When the Press, the Leader of the Opposition, myself and other party leaders turned up, the men ran away.

I have advised that CJRCI to remain in possession of the building until the court case is determined. In the meanwhile, the Court Order protects the contents of the building. The case is adjourned to the 20th of February. Leave was granted to the AG to file an Affidavit in Answer and for me to file an Affidavit in Reply.

In the end, the rule of law prevailed; the independence of the judiciary prevailed and the legacy of Cheddi and Janet Jagan remain protected. Many lawyers are assisting with the case, including Ms. Priya Manickchand, who was with me in court. To all of them, I extend my gratitude.

 

 

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6 COMMENTS

  1. Its the attitude of the people that voted them in power,until Guyanese wake up and live as Guyanese the country and its people will continue to suffer one way or another,Guyanese voted for a change they got short change,but the big problem is removing this government is the ? .?

  2. Guyana is a land of 6 races,not only brain dead SAMAROOs who are stuck in Backward RASIST thinking,its fools like you that have Guyana in a standstill,Guyana doesn’t belong to the PPP or the pnc and until such time fools like you will continue to vote for a government of racial politics and still sell your sole to go to Canada and USA ,

  3. These people are worse than Burnham times today is the last day of the year and we trust in God that before may next year all the minister will fall this is a one sided people

  4. Good morning Guyanese citizen Guyanese myself as dearly noted to all my fellow Guyanese citizens about this Administration from the beginning they want Guyanese Every race walks of life I want you all to open your eyes and see clearly what this Administration is all about and aiming for his total Destruction of Guyana the daily life of Guyanese citizens it is clear to see that this president Granger and his coalition government PNC/APNU AFC Administration only purpose is out to create segregation and the race war with the Guyanese citizens pending race against each other all because this Administration have no Clear Vision the move Guyana forward into the 21st century so why not create total Destruction and move all eyes away from their incompetency Administration . Ever since this Administration really want to have clemency transparency then go ahead and do the right thing produce coil’ report about dr. Rodney assassination but why they cannot be done because this Administration how to create a race war in Guyana incompetency to highest I think it’s time we called for it total election to revote this incompetent coalition government out of office we as Guyanese are looking to be peaceful people a peaceful Nation 06 race and a peaceful life 1 people one nation one destiny Guyanese let’s bond together and remove this cancer in office PNC/APNU AFC coalition government incompetency with no Clear Vision for Guyanese

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