Attorney General Anil Nandlall has expressed worry over the rate at which the local Courts—specifically the Court of Appeal decisions—are being overturned by the Caribbean Court of Justice.
During his weekly television programme, the Attorney General referenced the recent decision handed down by the CCJ in the Parliamentary Secretaries case. The CCJ overturned the Guyana Court of Appeal and High Court decision that two PPP election candidates could not sit in the National Assembly as Parliamentary Secretaries.
In its unanimous decision, the CCJ said the local Court’s interpretation of the legislation was wrong.
AG Nandlall said it is worrying that Court of Appeal decisions are being overturned often.
“What is worrying is the alarming rate of reversal which is taking place at the level of the Court of Appeal of Guyana and the Caribbean Court of Justice. I have spoken about this several times and it must be cause for worry. In certain types of cases, as I have repeated, there is a 100% reversal,” Nandlall observed.
According to the Attorney General, there has been a pattern at the Appeal Court where certain categories of cases are being ruled on one way and then the CCJ would later reverse that decision. He pointed out that in other cases the reversal rate is not that high.
“This is a worrying issue and as Minister with responsibility for Justice it is my duty to voice these concerns. While we have successfully addressed the backlog in the High Court and cases are moving swiftly in the High Court and are being disposed of, for which I must gave credit to the judiciary led by the Chief Justice we have now developed an unfortunate bottleneck at the level of the Court of Appeal,” Nandlall said.
Mr. Nandlall said further that another issue of delays in disposing cases is starting to develop at the Appeal Court and that Government will be having a closer look at the issues there.
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