Bar Association warns about rushing process

first_imgJudicial appointments…says action outside Constitution voidWhile encouraging both Government and the Opposition to work towards reaching a consensus, the Bar Council of the Guyana Bar Association (GBA) has warned that if President David Granger acts outside of the Constitution in appointing a Chancellor and a Chief Justice, then it would be void.The GBA reinforced that the appointment of the Chancellor and Chief Justice is governed by Article 127 of the Constitution of Guyana, the country’s supreme law, which states that these persons shall each be appointed by the President and in agreement with the Opposition Leader.Opposition Leader Bharrat Jagdeo“Any action outside of the said Article 127 is unconstitutional, void, of no legal effect and would have embarrassing consequences,” the GBA said on Tuesday, while explaining that Article 127(1) of the Constitution, which reinforces that, is also clear in its meaning and effect.According to the Association, the current climate surrounding the offices of the Chancellor and Chief Justice is repugnant and shakes the public confidence in the legal system. “It further unfairly undermines the dignity of the offices and office holders,” the GBA opined.It was also noted that if for whatever reason the President and Opposition Leader cannot reach agreement under Article 127(1), only then is Article 127(2) is invoked. The GBA reminded that an acting appointment is made by the President after “meaningful consultation” with the Opposition Leader also.According to Article 127 (2) of the Constitution; “If the office of Chancellor or Chief Justice is vacant… then, until a person has been appointed…, those functions shall be performed by such other of the Judges as may be appointed by the President”.President David Granger“This has been done and therefore Article 127(2) has been fulfilled and exhausted. It is only if any of the provisos in the said Article 127(2) occur can it be invoked once again, failing which, the acting appointments continue until a substantive appointment can be made under Article 127(1),” the GBA added.The association therefore reasoned that acting Chancellor Yonette Cummings-Edwards and Chief Justice Roxane George cannot be removed and replaced by other acting appointees.Given the current circumstances surrounding this issue, the GBA has urged both parties to work to break the impasse and arrive at a consensual resolution, especially in keeping with the spirit and intent of Article 127 of the Constitution, which it reminded was amended from its original form to foster collaboration.Following Opposition Leader Bharrat Jagdeo’s rejection of the nominees for the Chancellor of the Judiciary and Chief Justice posts, President David Granger has publicly stated that he wants to rid State offices of acting appointments, and as such, he will be meeting with his legal team to ascertain the way forward as it relates to the appointments of these two top judicial positions.Jagdeo in a letter addressed to the President, which was released to the media, said after having duly considered the nominations of Justice Kennett Benjamin and Justice Yonette Cummings-Edwards under Article 127 (2) of the Constitution, he was unable to offer his agreement for their appointments.His decision followed after a request was made to conduct background checks for one month. However, Jagdeo had since indicated his willingness to further engage the President on substantive appointments to these positions.But Minister of State Joseph Harmon had announced recently that President Granger could go ahead with the appointment of Justice Kennett Benjamin as Chancellor and Justice Cummings-Edwards as Chief Justice, as “Government will be relying on provisions within the Constitution going forward.”Harmon could not say whether the President will appoint his nominees in an acting or substantive role under those constitutional provisions.The President also said he does not believe that the courts should be “paralysed by the behaviour of one person,” referring to Jagdeo’s rejection of the nominees. Jagdeo has since responded to the President’s comments stating that he (President) is either being dishonest or losing his memory when it comes to the issue of substantive appointments of the key judicial positions.He recalled that Granger himself, who was leader of the then Opposition People’s National Congress (PNC) refused to agree to these very appointments of persons in those positions when the People’s Progressive Party/Civic was in office.The Opposition Leader accused the President of being the one who stymied the system for close to six years and only when he asked for one month; the blame has suddenly shifted to him.Given the Government’s insistence to have these appointments done, the Opposition has vowed to challenge any unconstitutional move by President Granger.last_img read more


first_imgFormer Fianna Fail Minister Jim McDaid is in mourning following the death of his mother Nellie.The late Mrs McDaid from Doon, Termon, will be buried following 11am funeral mass at St Columba’s Church in Termon on Friday.  FORMER MINISTER MCDAID IN MOURNING FOLLOWING DEATH OF MOTHER was last modified: December 21st, 2011 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:Dr Jim McDaidNellie McDaidlast_img read more


first_imgAdam’s picture at sunset this eveningDONEGAL photographer Adam Rory Porter has done it again.The man whose pictures of the Northern Lights over the county went global has captured another incredible phenomenon in our skies – a 22 Degree Halo.His picture this evening in Buncrana captures it beautifully “We always get stunning sunsets on the shores of Lough Swilly and every now and then we get the odd rare phenomenon too,” he laughed.A halo is a ring of light surrounding the sun or moon. Most halos appear as bright white rings but in some instances, the dispersion of light as it passes through ice crystals found in upper level cirrus clouds can cause a halo to have colour.A 22 degree halo is a ring of light 22 degrees from the sun (or moon) and is the most common type of halo observed and is formed by hexagonal ice crystals with diameters less than 20.5 micrometers!   WOW! ADAM’S INCREDIBLE HALO SUNSET PICTURE OVER DONEGAL was last modified: June 27th, 2014 by John2Share 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:22 degree haloadam rory porterbuncranaLough Swillyphotographersunsetlast_img read more

Week two in review

first_imgHalf-a-dozen touchdown passes from the arm of Will Omey and 12 tackles from Justin Hagler guided St. Bernard’s to a road win while a pair of redzone turnovers cost Eureka a chance at win No. 1 on the year during what was week two of the high school football season.Omey, Hagler and the soaring seniorsQuarterback Will Omey tossed six touchdown passes for St. Bernard’s in what was a 39-14 win on the road at Hoopa Valley Friday night.And it was all about the seniors.Omey connected with Lane …last_img

Cone: We still have work to do

first_imgLOOK: Loisa Andalio, Ronnie Alonte unwind in Amanpulo for 3rd anniversary Frontrow holds fun run to raise funds for young cancer patients  Fire hits houses in Mandaluyong City Fire hits houses in Mandaluyong City Read Next MOST READ Brace for potentially devastating typhoon approaching PH – NDRRMC Fajardo’s chances for BPC plum slim but still a solid pick for MVP Yes, admitted Barangay Ginebra coach Tim Cone, there was in fact “a championship feel” to beating fallen Grand Slam-aspirant San Miguel Beer.ADVERTISEMENT View comments “But we gotta make sure we won’t have a ‘championship hangover’ going to the next series,” said Cone. “It’s easy to have one.”On point as always, Cone said the Gin Kings are moving forward and preparing against whichever team wins in the extended TNT KaTropa-Rain or Shine quarterfinal duel in the PBA Governors’ Cup.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutout“Looking ahead we’re gonna have TNT, which handled us with ease last time we played them, and Rain or Shine, which is just playing incredible basketball at the moment,” said Cone late Wednesday after their 104-84 win.That victory denied the Beermen a chance of winning the Grand Slam as the Gin Kings, the conference defending champions, advanced to the semifinals starting Sunday in Biñan, Laguna. Trending Articles PLAY LIST 00:50Trending Articles00:50Trending Articles01:33Leo Austria, SMB wary of ‘more experienced’ Hotshots ahead of PBA Finals rematch01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games LATEST STORIES Typhoon Kammuri accelerates, gains strength en route to PH Nonong Araneta re-elected as PFF president Don’t miss out on the latest news and information. BSP sees higher prices in November, but expects stronger peso, low rice costs to put up fightlast_img read more

Wimbledon 2011: Paes-Cara Black out of mixed doubles

first_imgLeander Paes and Cara Black bowed out of the Wimbledon mixed doubles event after suffering a straight set defeat in the quarter-finals against Daniel Nestor and Yung-Jan Chan here.The 14th seed Indo-Zimbabwean pair lost 3-6 2-6 to the eighth seed Canadian-Taipei combination.Paes’ doubles partner Mahesh Bhupathi though advanced to the semifinals with Elena Vesnina after defeating Israel’s Jonathan Erlich and Shahar Peer 6-4 6-1.Erlich and Peer were no match for the in-form Indo-Russian duo as they sen packing their opponents in exactly an hour.Bhupathi and Vesnina, who dominated proceedings from the word go, committed no double faults as compared to the four by Erlich and Peer.Bhupathi and Vesnina served six winners as compared to six by the unseeded Israeli pair.- With inputs from PTIlast_img read more

Super Selector set tells astrologer Ajai Bhambi stars are at war

first_imgSunil GavaskarEver wondered how the pundits’ picks are doing as compared to yours? If your dream team sometimes shapes up like a nightmare, remember even the experts can get it wrong.Our spy on the Super Selector set tells us the stars are at war. The Super Selectors among you have,Sunil GavaskarEver wondered how the pundits’ picks are doing as compared to yours? If your dream team sometimes shapes up like a nightmare, remember even the experts can get it wrong.Our spy on the Super Selector set tells us the stars are at war. The Super Selectors among you have scored 2,786 and more, but the gurus look grounded! Sunny Gavaskar’s Sunshine XI has totalled 1,957 points, Geoff Boycott’s side huffs and puffs at 2,072, Navjot Sidhu comes even lower down the order at 1,755. Curiouser and curiouser, astrologer Ajai Bhambi’s side is at 1,890… “The stars are not favouring me,” he says, and he’s referring to the planetary variety!Geoff BoycottIndia’s new pace bowling star will take the field later this week when South Africa and India open their three-Test series. Picking a Dream XI turned out to be tougher than Ashish Nehra had imagined. “Maybe I will have a softer corner for selectors after this!” he says, adding he did not feel obliged to pick his teammates. He has chosen seven Indians though, himself included. Now, that’s confidence!SMART TIPS TO PICK YOUR DREAM TEAMNever pick a player who isn’t a certainty in the national squad even if he’s your favourite dark horse – you can make only three changes and you don’t want deadwood.Pick batsmen who can bowl a bit and vice versa. There are a lot of genuine allrounders like Shaun Pollock and Grant Flower masquerading as bowlers or batsmen.     Ashish NehraNEW LOOTOther than the Grand Prize of a trip to South Africa and the ESPNStar commentary box, there are some more prizes for Super Selectors who finish close to the top. There’s a shining Maruti Suzuki Versa to be won for the top Indian contestant and a hamper of BPL home appliances for the four zonal winners.advertisement TOP FIVE SUPER SELECTORSNo.NameTeam NamePoints 1.Ganesh A. IyerDare To Play Them 2,9352.KalyanMega Stars 2,825 3.SaurabhShubh’s Blaster 2,801 4.RajdipHowzzatt 2,788 5.KarthikTrust Worthy 2,786 ” The first Super Selector winner ever is about to be named soon and these are the front runners. Are you playing yet?”  ASHISH’S XI Sachin Tendulkar150 Andy Flower95 Sourav Ganguly105Ashish Nehra125 Herschelle Gibbs85Zaheer Khan85 Virender Sehwag30Anil Kumble130 Yuvraj Singh25Mluleki Nkala20 Jacques Kallis150last_img read more

9 months agoArsenal, Man Utd and Tottenham all tracking Guingamp star Marcus Thuram

first_imgArsenal, Man Utd and Tottenham all tracking Guingamp star Marcus Thuramby Paul Vegas9 months agoSend to a friendShare the loveThe son of France World Cup winner is being watched by Arsenal, Manchester United and Tottenham.They’re all on the trail of striker Marcus Thuram – the son of French World Cup winner Lilian, says The Sun.The Guingamp star has hit 10 goals in 17 games this season to catch the eyes of the Premier League trio.Thuram scored the winner as his club shocked holders Paris Saint-Germain, beating them 2-1 in the French League Cup last week.The 21-year-old has won rave reviews this season, despite Brittany-based minnows Guingamp propping up Ligue 1.And the Gunners, Spurs and United all reportedly sent scouts to check on him against Saint-Etienne on Saturday. TagsTransfersAbout the authorPaul VegasShare the loveHave your saylast_img read more

4 days agoIvan Campo has advice for Takefusa Kubo over Mallorca battles

first_imgIvan Campo has advice for Takefusa Kubo over Mallorca battlesby Paul Vegas4 days agoSend to a friendShare the loveIvan Campo says Takefusa Kubo needs to step things up at Real Mallorca.Like the Japanese teen, Campo played for both Mallorca and Real Madrid.He told Marca: “He is not at his best level, but it is normal because he is a very young boy who has to get used to it. He has no experience in our country at this football level and must be patient. “He must learn to move. He is a great player but he still has a lot to learn and room for improvement. If in Madrid they said that it is best that they should be transferred to a LaLiga team rather than stay in Castilla, for example, they saw it very clearly. I think it’s a good idea to be in Mallorca, although things are not going perfect for now.” About the authorPaul VegasShare the loveHave your saylast_img read more

Montrealer charged in suspected compassion killing to be released on bail

first_imgMONTREAL – A Montreal man charged with murdering his wife in a suspected compassion killing was granted bail Friday.Michel Cadotte, who is in his mid-50s, was charged in February with second-degree murder, one day after his wife, Jocelyne Lizotte, was discovered in cardiac arrest at a long-term care facility.He told reporters moments after his release from detention he wanted “to move on to the next step. I am tired. I am drained.”Cadotte must abide by several conditions, which include living with his sister, taking prescription drugs, getting psychological support and paying a $10,000 guarantee.On the day of his wife’s death, Cadotte wrote on Facebook he had consented to a request for assisted death, had “cracked” and was waiting for police.Elfriede-Andree Duclervil has suggested her client’s alleged actions were driven by empathy and compassion.She says Cadotte has received support from his family as well as the victim’s and that her client does not represent a risk to society.Duclervil said on Friday “the public would have been shocked if Cadotte was not released on bail.”She added that her client’s case was a perfect opportunity for society to discuss a difficult subject.“Our client is an occasion to debate something that is extremely difficult in society right now,” Duclervil said.“His situation is personal. He was someone who was physically and emotionally at the breaking point. No one condones what happened to Mrs. Lizotte. Unfortunately, Michel Cadotte was almost the only one there for her day in and day out.“At one point, as he said in his testimony, he cracked.”last_img read more