The Acting Chief Justice, Roxane George today threw out a case brought by social media commentator Mikhail Rodrigues also known as “Guyanese Critic”, who sought to stop the Elections of the Guyana Press Association (GPA) until he is granted membership.

In handing down her decision this afternoon, the Chief Justice told Rodrigues’ Attorney, Samuel Glasgow that the entire case was misconceived.

“The entire application is misconceived, not just the NOA,” the Chief Justice ruled.

Rodrigues brought the case against the President of the Guyana Press Association, Nazima Raghubir; its Secretary, Svetlana Marshall; and Executive Members Rawle Toney and Denis Chabrol.

In his Notice of Application, seeking an urgent hearing, Rodrigues sought an injunction restraining the respondents from holding the Elections set for Sunday, May 14, 2023.

He submitted to the Court that the GPA had arbitrarily refused his application for membership, and further arbitrarily decided that the last day of registration was May 6, 2023.

But from the inception, the Chief Justice made it clear that the case was not an urgent one.

“This application is not urgent,” Chief Justice George said.

Secondly, she ruled that the Press Association is not a corporate entity and therefore cannot be sued.

“I have gone through the Constitution of the Guyana Press Association, which is not a corporate or any kind of registered entity that has personality that can sue or be sued. Ms Raghubir, Mr Toney, Mr Chabrol and Ms Marshall. In fact, you have not said anything much about them, when you read the affidavit. There is nothing mentioned about them,” the Chief Justice said.

She also ruled that the respondents are not amenable to judicial review.

“They are private persons, who happen to be the executive of a private body. None of them is carrying out any administrative function or duty that allows for Judicial Review…none of them,” the Chief Justice said.

Maintaining that GPA is an unincorporated entity, the Chief Justice told Attorney Glasgow that he should desist from cherry picking the law.

“Don’t cherry pick. Don’t cherry pick. Read the legislation properly, treat it as a whole. Read it properly,” she urged Glasgow.

Further, she ruled that the Fixed Date Application (FDA) and the Notice of Application were misconceived.

“The entire application. I am now relying on my case management powers. The entire application is misconceived, not just the NOA,” she said.

The Chief Justice said she cannot allow the case to proceed any further.

“I am not going to allow this to go further, the entire Fixed Date Application is struck out. It has been totally misconceived. The Court cannot allow a matter that is misconceived to proceed, for a full hearing,” Chief Justice George said.

The General Members Meeting and Elections of the Guyana Press Association is set to take place on Sunday from 12 noon.

The incumbent President Nazima Raghubir is seeking re-election, but is being challenged for the post by Neil Marks, who was Raghubir’s immediate predecessor as President of the GPA.

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