Less than two weeks before the Chief Justice (ag) Roxane George rules on whether the rights of 26 Haitians were violated by a deportation order secured by the State and or their detention at the Hugo Chavez Centre as suspected victims of Human Trafficking, the Attorney General, Anil Nandlall has moved to the High Court to have the case challenging the Haitians’ deportation struck out.
When the case – Allandres Archer-v-The Attorney General- was last called on December 18, 2020, the Chief Justice had asked the Attorney General to indicate whether the Combating of Trafficking in Persons Act was strictly complied with by the State in the handling of Haitians. Though the Government had released the Haitians days ahead of that hearing, despite its earlier attempts to have them deported, the Chief Justice said the case raises serious issues that ought to be addressed.
But Nandlall, in an application filed last Thursday, asked the High Court to stay the directions granted on December 18, 2020, until the hearing and determination of his Notice of Application. This is in addition to the order, in which he is seeking, to have Archer’s Fixed Date Application struck out.
According to Nandlall, while preparing to address the issues raised by the Chief Justice last December, a video recording of Archer surfaced, which suggests that he had no knowledge that his name was being used to block the deportation order.
“While preparing to address the issues raised by this Honourable Court a video recording of the Respondent was circulated which contain revelations that slice at the root of the validity of the proceedings, in so far as, if the proceedings were not validly instituted the court cannot lawfully interrogate a case upon which it has no jurisdiction. The Court must satisfy itself that the proceedings do not suffer the defect of lack of authorization from he who seeks to move the court,” Nandlall said while laying his grounds.
He added: “…the Respondent in a video recording obtained from the National Communication Network (NCN) indicated that the Respondent had no knowledge that he was the person bringing the action, against the Government of Guyana, represented therein, by the Applicant.”
The Attorney General is contending that while the Association of Haitian Nationals in Guyana asked Archer to provide its Attorney, Darren Wade with an Affidavit as a witness of what transpired the night the Haitians were arrested, it was never his intention to file a proceedings.
“…the Respondent indicated that he did sign some documents but was unaware of what he was signing,” the Attorney General contended, while adding that “the attorney-at-law cannot advocate for the Respondent who has indicated that he did not authorize the institution of the proceedings, and is currently a party to the proceedings against his will.”
Nandlall told the Court that Wade, as an attorney, was duty bound to inform the respondent, of the contents of the documents, and the consequences of the execution of such documents. He submitted that given the content of the recording, the proceedings could only be deemed a nullity.
The Haitians arrived in Guyana from Barbados on November 7, 2020, and were reportedly granted a six-month stay by immigration officers at Eugene F. Correia International Airport at Ogle, however, hours after their arrival, they were detained by the State on a suspicion that they were part of a Human Trafficking Ring. The Government subsequently moved to the Magistrates’ Court to secure a deportation order, but the Chief Justice suspended the order pending hearing and determination of the substantive case.
