Govt to present new submission to CCJ

− new evidence proves former MP knew he was unqualified

By Alexis Rodney

DPI, Guyana, Friday, June 7, 2019

The office of the Attorney General (AG) will be filing a new application to the Caribbean Court of Justice (CCJ), providing new evidence that former Member of Parliament (MP), Chrarandass Persaud was aware that he was sitting in the National Assembly illegally.

A release from the AG’s Chambers signed by State Solicitor, Jennifer McCalman, on behalf of Attorney General and Minister of Legal Affairs Basil Williams, SC., states that the office has acquired new evidence showing the former government back-bencher publicly admitting that he was unqualified to sit in the House.

Details of the new evidence state that on June 3, 2019, participating in a YouTube programme “Globespan 24×7”, Persaud admitted his fault. The programme, which was moderated by Salaudeen Nausrudeen, had a three-member Panel comprising Nicholas Boyer, Sasenarine Singh and Dr. Bishnu Ragoonath.

A segment of the programme was dedicated to the hearing of the Consolidated Appeal which had concluded the day before. It was during this period that Persaud called into the programme.

The question asked by the moderator was: “Mr. Charandass, you, of course, it was contended that you were not aware, or you were aware that you could not sit in Parliament. What are your thoughts on that? Did you know that you could not sit in Parliament because of the dual citizenship or for whatever reasons?”

In response, the audio heard bearing Charrandass’ voice, with a picture representing him on screen, stated: “I knew that people with dual citizenship could not hold a seat in Parliament.”

According to the Solicitor General, it was the first time that she has heard Persaud admit that he knew that persons with dual citizenship were not qualified to sit in the National Assembly.  It was also the first time she heard him say that he was aware of the constitutional provision that disqualified persons with dual citizenship from sitting in Parliament.

“I have known Mr. Charandass Persaud for 19 years; since the year 2000 when we began studying as undergraduates at the University of Guyana, reading for the Bachelor of Laws Degree Programme. Having known him for so many years and seeing and hearing him whenever I attended the National Assembly with the Hon. Attorney General, I recognised the person speaking on the programme as Mr. Charrandas Persaud one of the Appellants in these Consolidated Appeals. Based on what I heard him saying, I was fortified that it was Mr. Persaud who was speaking,” she said.

According to the State Solicitor, the new evidence is very relevant, and if admitted, could influence the court’s consideration and determination in this important issue.

She said while arguments on the Consolidated Appeals ended on May 10, 2019, the Attorney General is fully aware of the court’s and all the parties’ desire to have these Consolidated Appeals determined as soon as possible.  However, the new evidence is important and was not available to the Attorney General before the hearing of the Consolidated Appeals. According to her, the AG was not aware of the YouTube video, before June 3, 2019.

“I was involved in preparing these Consolidated Appeals, and I am familiar with the issues and evidence herein. Mr.  Persaud did not swear any affidavit in any of the proceedings.  One of the issues that was keenly contested in these Consolidated Appeals was whether Mr. Persaud knew that he was disqualified from holding a seat in the National Assembly.”

She said to make his case during these Consolidated Appeals, the Attorney General relied on circumstantial evidence to submit that it was open to the court to infer that Persaud knew he was disqualified when he voted on December 21, 2018.

During the May 9, 2019, CCJ Consolidated hearing, Attorney-at-Law Eamon Courtenay S.C, argued that Persaud, a Canadian citizen, knew that he was not entitled to be an MP, as he frequently travelled to that country. The CCJ was told that Persaud had also renewed his Canadian passport in 2017.

The court was further informed that he [Persaud] would have taken an oath, via a certificate of citizenship, to swear to the laws of Canada. The Senior Counsel added that the “evidence points to him knowing what he was doing, and it gives a clear implication that he was a usurper… If you know that you are unqualified or disqualified, he [Persaud] is not only an imposter but a fraud. He [Persaud] was never validly elected.”

The former Region 6 MP, did not inform the Speaker of the House, Dr. Barton Scotland, of his intention to vote against his elected party and further, gave all assurances that he would support the Coalition Government, against the Opposition.

Image: Department of Public Information