High Court hears: Article 161 gives President power to review, not discretion

first_imgGECOM’s unilateral appointment…Govt lawyers say case flawedBy Lakhram BhagiratPeople’s Progressive Party (PPP) Member of Parliament, Zulfikar Mustapha’s lawyer, Attorney Manoj Narayan argued that President David Granger does not have the discretion to appoint a Chairman of the Guyana Elections Commission, rather he has the power to review the nominees put forward by the Opposition Leader and select the most suitable name.PPP Executive Secretary and MPZulfikar MustaphaThe Opposition had filed an injunction in the High Court on October 23, 2017, to rescind the appointment of retired Justice James Patterson as GECOM Chairman, on the grounds of unconstitutionality. The injunction is seeking a declaration that Justice Patterson is not qualified to be appointed in provision with Article 161-2 of the Constitution of Guyana.The injunction is also seeking an order to have the appointment of Justice Patterson as Chairman of GECOM quashed and directing the President to choose a person from the 18 names submitted to him by the Opposition Leader.The injunction was filed in the name of the Executive Secretary of the PPP and Member of Parliament (MP) Zulfikar Mustapha, who is an elected official that has legal authority.Mustapha wants the High Court to declare that Granger’s October 19, 2017 appointment of Justice Patterson violates Guyana’s Constitution and is “accordingly unlawful, illegal, unconstitutional, null, void and of no effect” and he is not constitutionally qualified to be appointed GECOM Chairman. Additionally, he is also asking the court to grant an order “rescinding, revoking, cancelling and setting aside the appointment” of Patterson.AG Basil WilliamsNarayan, who is part of the legal team representing Mustapha’s interests, made those arguments before acting Chief Justice Roxane George on Friday at the High Court.Narayan submitted that while the President is immune from all civil and criminal charges during his tenure, his actions could be reviewed by the court and as such Mustapha is acting in accordance to that. He further submitted his client is seeking the court’s help in determining whether the rejection of the 18 names submitted by the Opposition Leader, is reasonable considering that there were names on the list that suited the demands by the President.From right: Barbadian Queen’s Counsel Hal Gallop and Ralph ThorneIn addition, Mustapha is also seeking the court’s assistance in determining whether the President’s invocation of the proviso to Article 161(2) of the Constitution is unlawful and unconstitutional; that the President’s unilateral appointment of the Chairman of GECOM is unreasonable, unlawful and unconstitutional; and the Chairman of GECOM appointed by the President is not suitable, fit and proper in accordance with the spirit and intendment of Articles 161 and 162 of the Constitution.Attorney Manoj NarayanIn its written submission, the PPP MP’s attorneys argue that Patterson cannot be or appear to be politically impartial due to the fact that 1) he is a member of the advisory Committee on the Prerogative Mercy appointed by the President; 2) an advisor to the Attorney General and Legal Affairs Minister appointed by the President, 3) was appointed by the President to head a Commission of Inquiry into a prison break at Georgetown, Guyana, during the month of July, 2017 and 4) he was appointed by the President to be part of a panel to reviewing applications for the positions of Chief Justice and Chancellor of the Judiciary.It added that Patterson was a pallbearer at the funeral of former President Hugh Desmond Hoyte and that he is a member of the Facebook group, ‘Rally around the People’s National Congress (PNC).’Barbadian lawyers on Govt teamMeanwhile, in efforts to strengthen its case, Attorney General Basil Williams – the respondent – added two Barbadian Queen’s Counsel Ralph Thorne and Hal Gallop to its team. They now join the AG, Solicitor General, Kim Kyte and Principal Legal Advisor at the AG Chambers, Judy Stuart.Williams said that they have always contended that President Granger has the discretion to appoint the Chairman of GECOM. He noted that the submission, by Narayan, is “an erroneous proposition.”QC Thorne told reporters that Mustapha’s case was characterised by his attorney’s “constitutionally and legally flawed” statement since the President is guaranteed discretion. He also indicated that the statement undermines the Opposition’s case.“I would like to think that the court would leave undisturbed the appointment of a high public official by the Head of State of this country. An appointment by the Head of State is not to be trifled with statement like that, to say that the Head of State is fettered in relation to his power to appoint,” he said.“When you say to the Head of State that he has no discretion in relation to an appointment, you’re saying that of the six or 12 or 18 names that were submitted the President must take one of them. Now if that is the law then in effect the power to appoint is given to the Leader of the Opposition. That cannot be the state of the law,” QC Thorne added.The Chief Justice (ag) indicated that she would inform the parties of her judgement through a Notice of Decision.last_img read more

M&CC flouts court order, clamps vehicles

first_imgParking meter challenge… GCCI fears economic slowdown will worsenBY DEVINA SAMAROOOfficials from the Mayor and City Council (M&CC) and Smart City Solutions (SCS) strutted through the capital city on Tuesday, booting vehicles despite a court order which placed a hold on the paid parking project.A vehicle clamped on Tuesday despite the court orderHowever, this is not the first time the M&CC has flouted a court order; back in May 2006, Town Clerk Royston King spearheaded the destruction the the famous ‘Dread Shop’, located at Russell Square in Stabroek, Georgetown – a business which has been in existence for some 48 years, despite an injunction in the courts.It was high drama on Water Street on Tuesday when SCS officials attempted to clamp the vehicles of persons who parked in the area without paying.But in some cases, the citizens put up a fight and resisted the clamping of their vehicles.In one instance, a female driver argued with the SCS official and refused to allow him to clamp her car, which resulted in a heated exchange of words.The High Court on February 16 granted an order which legal luminaries interpreted to mean that the paid parking project is suspended until the legal proceedings are resolved.The writ had stated, among other things, that, “an order nisi of certiorari be and is hereby granted to quash the decision of the Mayor and Councillors of the City of Georgetown to enter into an agreement on or around 13 May, 2016”.The respondents also have to show cause against all the orders made by the Chief Justice to quash their decision to enter into the contract, which has already caused weekly mass protests in front of City Hall.Their day in court is set for February 27, before Justice Brassington Reynolds. Should they fail to comply, the document noted, they will be held in contempt of court.However, Mayor Patricia Chase Green and the Town Clerk had already signalled their intention to breach the court order.During a pre-recorded press conference at the National Communications Network (NCN), the Mayor announced that the parking meter project would continue as normal. Their intentions have been heavily criticised by lawyers from the lobby group Movement Against Parking Meters as well as former Attorney General Anil Nandlall.Nandlall had argued that if the city were to continue implementing the project or force anyone to pay for parking before the hearing, this would be tantamount to violating a court order.He explained that when that “order nisi” is issued, it puts the particular decision, which it imputes, upon hold until the respondents show or does not show cause. If the other side succeeds in showing cause why the order should not be made absolute, then the order nisi is discharged.However, he noted that if the respondents do fail to show cause, then the order nisi is upheld and made absolute, thus quashing the decision.“What that means, therefore, is that until the case is concluded, the decision (in this case) the parking meter contract and its implementation has been put on hold by the order nisi.”Impact on businessMeanwhile, the calls for the termination of the Parking Meter Project continue to escalate and the Georgetown Chamber of Commerce and Industry (GCCI) is the latest entity to reiterate those demands.In a statement on Tuesday, the GCCI said it is irresponsible for the M&CC to continue with the metered system due to a lack of transparency during the implementation process, a lack of adherence to public procurement procedures, and the absence of feasibility studies and citizen consultations.“The M&CC should remember that one of the most important qualities that citizens seek in elected officials is transparency and any attempts to bulldoze the populace with opaque contracts will not garner support, especially not from the Georgetown Chamber of Commerce,” the body noted.The Chamber said it received numerous complaints from its membership regarding the metered system and its negative effect on customer traffic and sales.“We are concerned that conditions will worsen if the metered system remains in operation,” GCCI said.Nonetheless, the Chamber said it supports the efforts to engage in public-private partnerships for the purpose of raising revenue for the city, but emphasised that it does not support the flawed and in some cases, potentially illegal methods that the M&CC has employed in doing so.But time and again, the M&CC gang assured that the project is above board and that there is nothing secretive or illegal about the deal.Following a few days of protest against the Parking Meter Project and protracted intervention from the central government, the authorities at City Hall decided to review with rate structure.A new rate structure was announced but citizens continue to reject the initiative.Stakeholders are arguing that the reduced fees do not address the problems of lack of inclusivity and the rampant corruption believed to be involved in the arrangement.last_img read more

Mother dies after giving birth at NA Hospital

first_imgA 31-year-old mother of one died after giving birth at the New Amsterdam Hospital.Dead is Dawn Cobis of Kimbia, Berbice River.Reports are the woman died last Wednesday after giving birth to a baby boy via a caesarean (C-section).Guyana Times understands that the woman reported to relatives that she was feeling unwell after being taken from the labour room to the maternity ward.Her relatives said that she told them that when this was reported to nurses on duty, they told her that she was “playing tricks”.Dead: Dawn CobisOn Monday, the relatives of the dead woman told this publication that relatives were still waiting for a proper explanation from the Hospital about Cobis’ death. This newspaper was told that the woman began experiencing pains on May 1 and was admitted and remained a patient at the Hospital for more than two weeks before the surgery was performed.The relatives said that when they made enquiries they were chased out of the Hospital.“We tell the nurse and we get chase out. We don’t know what happen…No, they not telling us anything,” one relative said.Meanwhile, relatives claimed that they then approached a doctor at the medical facility and were met with the same behaviour.“A doctor, she don’t have a name tag but she come out from inside where they does keep the dead and she come and start pointing her finger up in my face and asking why we call in the media and why we contact a lawyer,” the angry relative said.A post-mortem conducted on the body of Cobis last Friday was inconclusive, and body parts were allegedly removed for further tests to be carried out.Guyana Times understands that the New Amsterdam Hospital has launched an investigation into the death.Hospital sources confirmed that a report is being prepared on the incident. Cobis was laid to rest on Sunday at Kimbia.last_img read more

Gusty 3-D Archery provincials in FSJ

first_imgAndy Fochuk took first plance in the men’s Open Bow Hunter division, at this weekend’s B.C. 3-D archery championships. Taking place at the New Totem Archery Club’s outdoor range at Fish Creek, the event featured some of the best archers from across the province, competing in some tough, windy conditions. Kevin Kary took first in the Bow Hunter fingers men’s competition, while Carrie Lakey won the women’s competition.  Louis Hofer won the traditional males, and Stephanie Bapple won the CADC female division. – Advertisement -Other winners include Tell Szoo, who won the Hunter men’s division, Maureen Graham, who won the females Unaided Recurve, and local favourite Ken Bouck, who took first in the Bow Hunter Release men’s class. Amongst the senior archers, Ron Ostermeir won the masters 60 division, while Adrian Messner won the masters 50.last_img read more

Sarri’s stubbornness threatens Chelsea’s top-four hopes

first_img0Shares0000Chelsea boss Maurizio Sarri is under pressure to change his ways after a slump in form © AFP / Paul ELLISLONDON, United Kingdom, Mar 18 – Chelsea’s latest Premier League away-day collapse at Everton leaves Maurizio Sarri’s side facing an uphill task to finish in the top four and secure much-needed Champions League qualification.Languishing in sixth, the Blues trail fourth-placed Arsenal by just three points but face a much tougher run-in than the Gunners in the remaining eight games of the Premier League season. A run of four defeats in their past five league games away from Stamford Bridge also gives little reason for hope ahead of upcoming visits to title-chasing Liverpool and Manchester United, who also lead Chelsea by a point in fifth.A kind Europa League draw, with Slavia Prague to come in the quarter-finals before a potential last-four clash with Eintracht Frankfurt or Benfica, may now provide the easiest route to next season’s Champions League, with a place in the group stage on offer for the winners of that competition.But to emerge victorious in Baku on May 29 or stand a chance of a top-four revival, Sarri must iron out a number of repeated failings from his first season in charge.Higuain fails to fireGonzalo Higuain has scored just three goals in 10 appearances since joining Chelsea © AFP / Ian KINGTONSarri was given the striker he desired in January with the arrival of Gonzalo Higuain.However, the Argentine has scored just three times in 10 appearances, against lowly opposition in Huddersfield and Fulham, with even Sarri admitting Higuain has to do more.“He needs to improve his physical condition and mental condition,” said Sarri after defeat at Goodison Park.But the pressure is on for him to finally relent and hand Olivier Giroud league starts.The French World Cup winner is the Europa League’s top scorer with nine goals, but has made just six Premier League starts all season with Eden Hazard, the departed Alvaro Morata and Higuain all handed more time as the focal point to Chelsea’s attack.Lack of midfield punchJorginho is yet to provide an assist for Chelsea © AFP / Ian KINGTONChelsea’s striker struggles have been exacerbated by a lack of goals and creativity from midfield.Sarri’s side have now failed to score in eight of 30 Premier League games.One of Sarri’s most analysed moves has been to deploy N’Golo Kante in a more advanced role to make room for Jorginho — who followed Sarri from Napoli to west London last summer — at the base of the midfield.No player in the Premier League has made more passes than the Italian international’s 2,554 this season, yet not a single one has provided an assist.Kante has three league goals but often fails to provide the finish in his unfamiliar role despite getting into good positions and on-loan Real Madrid midfield Mateo Kovacic has yet to score for the club.Even Ross Barkley, who started the season brightly, has not scored a league goal since October.Youngsters not trustedCallum Hudson-Odoi is a transfer target for Bayern Munich © AFP / Sergei SUPINSKYGiven that lack of goals, one of the growing frustrations for the Chelsea faithful is Sarri’s resistance to handing the home-grown talent of Ruben Loftus-Cheek and Callum Hudson-Odoi more Premier League minutes.A loan spell at Crystal Palace last season gave Loftus-Cheek the playing time he needed to break into England’s World Cup squad but he has started just once in the league all season despite being Chelsea’s top-scoring central midfielder with six goals in all competitions.The same goes for 18-year-old Callum Hudson-Odoi, for whom Chelsea rejected a reported £35 million ($46 million) bid from Bayern Munich in January.Hudson-Odoi has scored four times in eight Europa League appearances but has yet to start a Premier League game, with the more experienced Pedro Rodriguez and Willian trusted by Sarri.A lack of game time is one of the reasons Hudson-Odoi was keen to leave in January and has so far refused to extend his contract beyond 2020. Sarri’s current stance has done little to change his mind.0Shares0000(Visited 2 times, 1 visits today)last_img read more

ARDARA TO PUT ITS BEST FOOT FORWARD TODAY!

first_imgToday is D-day for Ardara in their quest to become Ireland’s best place to live.The town has already been named best village by the Irish Times and is now down to the last five in the competition.Now the judges will be in the town today around lunchtime talking to locals about why they feel Ardara is the best place in Ireland to live. The judges will be accompanied by local woman Jenny McHugh who nominated Ardara in the competition.Good luck Ardara – the rest of Co Donegal is behind you! ARDARA TO PUT ITS BEST FOOT FORWARD TODAY! was last modified: June 21st, 2012 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:ArdaraIrish Timesjudgeslast_img read more

Liverpool captain Jordan Henderson signs new long-term contract

first_imgJurgen Klopp, his manager, believes club and player are perfect for each other and believes Henderson embodies what it means to be a Liverpool player.“You can tell through his actions on and off the pitch he treats representing our badge and our shirt as a privilege. He takes nothing for granted and strives to learn and be better for his team at all times,” he said.“He carries a lot on his shoulders that people on the outside won’t see, but he embraces that responsibility and that leadership. He is our ‘General’ and I trust him completely.“But the best thing is, I think – in fact, I know – he will get even better in these coming years. And this improvement will come from a very high base already.“Jordan is so important to us and we are very fortunate as a club to have this person commit to us as he has.“For Jordan and his wonderful young family I am really pleased they now know they are part of our Liverpool family for an even longer time.” impact 😃https://t.co/kF1k7Y6BkY pic.twitter.com/Y7Uu2Fkj2r— Liverpool FC (@LFC) September 3, 2018“It doesn’t seem like too long ago when I signed my first one – it feels like yesterday, really – but a lot has happened since then,” Henderson told liverpoolfc.com.“I feel it’s been a progressive journey for me throughout my time here and one I’ve enjoyed so much.“There is no other place in the world I would rather play football. I want to be here for as long as I can be.“I’m so privileged to have been a part of this club for so long, and hopefully even longer now.” possible standings Best clips, calls and talkSPORT moments of 2019, feat Hearn, McCoist and more RANKED highlights silverware Liverpool captain Jordan Henderson has signed a new long-term contract with the club.The 28-year-old moved to Anfield in the summer of 2011 and has made 283 appearances since, assuming the captaincy from Steven Gerrard in 2015. smart causal Top nine Premier League free transfers of the decade center_img LATEST FOOTBALL NEWS Every current Premier League club’s best kit from the past decade How the Premier League table could change after the Boxing Day fixtures Forbes list reveals how much Mayweather, Ronaldo and Messi earned this decade MONEY Every Championship club’s best signing of the decade, including Taarabt and Dack Which teams do the best on Boxing Day in the Premier League era? REVEALED England’s most successful clubs of the past decade, according to trophies won last_img read more

‘On the Road’ on its way to exhibit

first_imgSAN FRANCISCO – Fans of Jack Kerouac’s 1957 “On the Road” will soon have the chance to see a portion of the original 120-foot manuscript that inspired a subculture of restless beatniks. Thirty-six feet, a little less than one-third, of the yellowed scroll will be available for viewing at the San Francisco Public Library from Jan. 14 to March 19. The exhibit at the Jewett Gallery will also include books and pictures that detail Kerouac’s life and the history of the so-called Beat Generation. The manuscript was publicly displayed for the first time in February at the University of Iowa Museum of Art. Three lectures to be held during the manuscript’s stay in San Francisco will touch on Kerouac and other Beat Generation writers and poets. In January, the library will also screen a series of films related to Beats. AD Quality Auto 360p 720p 1080p Top articles1/5READ MORERose Parade grand marshal Rita Moreno talks New Year’s Day outfit and ‘West Side Story’ remake Kerouac, who went on to publish books including “The Subterraneans” and “The Dharma Bums,” employed a spontaneous style of writing through which he tried to capture thoughts as quickly as they flashed through his mind. His writing, which celebrated the thrills of jazz, sex, alcohol and marijuana, touched off a generation that disdained the materialism and conformity of the 1950s. The beatniks, in turn, helped inspire the hippies of the 1960s. “On the Road” was based on Kerouac’s cross-country adventures with his friend Neal Cassady. Kerouac wrote the novel over a 20-day span in 1951 with the aid of coffee and the stimulant Benzedrine. He typed the novel on 12-foot long rolls of tracing paper so he didn’t have to pause to load paper in his typewriter. The book was an overnight success and catapulted Kerouac to instant fame, with The New York Times calling the book’s publication “a historic occasion.” But the novel also received criticism, most notably from writer Truman Capote, who once remarked: “That’s not writing. That’s typing.” After Kerouac died from alcoholism in 1969, the single-spaced manuscript, which has become yellow and brittle with time, changed hands several times. Some said it spent time in a dorm room closet before it turned up at the New York Public Library. Indianapolis Colts’ owner Jim Irsay bought the scroll in 2001 at an auction for $2.43 million., On the Net: San Francisco Public Library: www.sfpl.org 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

Where Do Gems and Precious Metals Come From?

first_imgGold, diamonds, and other precious metals and gems… they are found close to the surface of the earth where humans can mine them and make jewelry.  But they shouldn’t be there.  Heavy elements should have sunk deep into the core of the Earth soon after it was formed.  Wait till you hear some of the latest ideas about how precious metals and gems arrived near the surface.  Maybe they shot up from the mantle.  Maybe they came from outer space. The fact is, geologists and planetary scientists don’t really understand why we have rare precious stones so accessible for man.  PhysOrg printed an article entitled, “Tackling mysteries about carbon, possible oil formation and more deep inside Earth.”  It’s about the Deep Carbon Observatory project destined to answer fundamental questions about the Earth’s interior.  Inside you will learn about how diamonds the size of potatoes shoot up from the mantle at 40 miles per hour, believe it or not.  However it happens, it’s convenient for miners, who otherwise would have to dig really, really deep holes to supply the wedding ring market. MSNBC posted an article about where gold comes from.  “There’s gold in them thar meteorites!” the headline blazes.  Jessica Marshall tells us, “Rocks pummeled Earth about 3.9 billion years ago, delivering precious metals.”  Gold, platinum, iridium, nickel, and tungsten are attracted to iron and should have followed it into the molten Earth’s core, she explained.  Meteorites to the rescue!  They came from space.  That’s right: “All the precious metals that we find today — and probably also water — have been introduced to the accessible Earth from these late-stage meteorites.”  Maybe they even brought life!  Figure that suggestion out after reading that the bombardment was probably “a terrible event for life” that “probably would have melted the planet, blown off any existing atmosphere.” Marshall used the new theory to bolster an old idea called the Late Heavy Bombardment.  She reported a new study about tungsten isotope measurements to support the idea of a swarm of big meteors hitting Earth and the moon 3.8 and 4 billion years ago, but the obvious subtext is the ignorance of geologists about earth history.  “Geologists have posed several theories to explain this puzzle,” she noted about precious metals.  Careful reading shows the Late Heavy Bombardment to be only an idea, a suggestion.  Interesting as isotope comparisons are, they don’t provide a time machine.  And saying that the age of Earth’s tungsten matches the dates of craters on the moon calibrates two questionable dates against each other.  Nothing in the article provides evidence that meteorites are made of gold.  It seems to move the question of the origin of precious metals from one body to another. When all else fails, bring in a meteorite.  When you can’t explain the moon, bring in a Mars-size meteorite to blast the Earth.  When you can’t explain Earth’s oceans, imagine a giant water balloon comet to bring it special delivery.  Meteor crashes are too convenient; they are the imaginary can openers that open any can for the hungry hobos.  “Assume a can opener” makes the rest easy.  Assume a meteor.  Need water?  Bring in a water meteor or comet.  Need gold?  Send in a gold meteor.  Imaginary theory-saving devices to the rescue!  Try that with your credit card debt.(Visited 425 times, 1 visits today)FacebookTwitterPinterestSave分享0last_img read more