The Caribbean Court of Justice (CCJ) this morning delivered its ruling on Election Petition 99 brought by Vice President Bharrat Jagdeo but not without admonishing Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall SC, from breaching the Court’s instructed confidentiality by sharing information with the public before the Judgment was delivered. The Court yesterday sent an email to lawyers in the case hinting at what the judgement was likely to be and directed that the information be kept confidential until the judgment was delivered this morning at 10:00 a.m.
Yesterday on the AG’s personal Facebook there was a blast post followed by more detailed information as seen below.
Solicitor General Nigel Hawke informed the Court the AG regretted the posting but it was not of his doing but an administrator of his page. Hawke also assured the Court the AG would make a public apology, to which one Justice countered, “whether it is enough or not is left to be seen.”
But whilst the CCJ accepted the apology should be forthcoming, concerns were also expressed by the panel the AG’s action has implications for the Court’s integrity and the Court will have to make a determination via policy.
Justice Maureen Ragnauth-Lee expressed concern about the impact of the breach on the Court’s integrity, alluding to the necessity of coming up with something that could remedy such occurrence.
Sitting President Justice Jacob Wit, speaking to the severity of the breach, pointed out the Court will have to review if they will send confidential information to Guyana upfront.
Another Justice pondered whether the Court cannot have trust in the Attorney General’s Chambers, and there should be reason to be concerned whether such a breach will not happen in future, thereby necessitating the Court’s further consideration of the matter.
The Court made known it has not taken the AG’s leak lightly at all and sought to assure the public “the last word hasn’t been heard as yet” and the violation will be dealt with seriously.
The breach of instructed confidentiality by the CCJ has serious implications not only for the Attorney General’s Chambers, trustworthiness of Nandlall, but also whether by this breach other countries will want to join the CCJ, said one observer. “The breach also confirms why Guyanese should agitate to remove Guyana from the CCJ because we can no longer have confidence in them.”
