| Justice William Ramlal on Wednesday granted a Conservatory Order restraining Justice Claudette La Bennett from hearing matters involving Anamayah’s Law Offices until the determination of a complaint lodged with Judicial Service Commission (JSC) against the said judge.The matter was filed by Attorney-at-Law Anil Nandlall on behalf of his clients Nedd Rose, Joseph Anamayah, Adrian Anamayah and Ian Anamayah, who are alleging bias in the conduct of Justice La Bennett towards them.The court order stipulates that Justice Claudette La Bennett is restrained and prohibited from adjudicating, presiding over or conducting any trial or hearing of any application, cause, matter or case of or involving the Applicants until the hearing and determination of a complaint made by Joseph, Adrian and Ian Anamayah to the Judicial Service Commission on September 9, 2008.In the supporting affidavit, Adrian Anamayah contends that he is an Attorney-at-Law as are Joseph and Ian Anamayah, duly admitted to practise law and are practising law together before the Courts of Guyana, more especially in the County of Berbice, under the official name of Anamayah’s Law Offices.According to the affidavit, Joseph Anamayah, who has in excess of 35 years standing at the Guyana Bar and is currently the President of the Berbice Bar Association, is head of Chambers. It also states that Nedd Rose is a plaintiff in the case of Nedd Rose -v- Laka Rambrick, High Court Action No. 418 – W of 2005 – Berbice.“The Applicants named in the schedule herein are all litigants being represented by our Chambers with matters pending before Madam Justice Claudette La Bennett,” the document says.According to the document, by letter dated September 9, 2008, the Anamayah Chambers made a complaint to the Chairman of the Judicial Service Commission against the conduct of Justice Claudette La Bennett, a Judge of the High Court of Guyana.The Letter to the JSC, which was written by Joseph Anamayah, stated that Chancellors Kennard and Bernard did not assign Justice La Bennett to Berbice to do Civil matters after representations were made by the Bar Association. Justice La Bennett has been in Berbice since April 2008.As President of the Bar, he said that he made these representations and his chamber is now being penalized by the Judge.“For all intents and purposes, when Justice La Bennett is assigned to do Civil matters in Berbice there is only one Attorney-at-Law in Berbice, Mr. Marcel Crawford S.C.. Justice La Bennett is unduly biased in favour of Mr. Marcel Crawford, who is allowed to control the Court and dictate which matters are heard.The letter also accused Justice La Bennett of making rulings/decisions which are invariably in Crawford’s favour. Joseph Anamayah contended that it is inimical to the interests of his clients to have Justice La Bennett adjudicate on their matters as he is convinced that they would not be afforded a fair and impartial hearing.The affidavit said that on October 10, 2008, the Anamayah Chambers received a letter from the secretary of the Chancellor of the Judiciary informing the Chamber that the letter of complaint was received and that the same was referred to Justice La Bennett for a response thereto.“Notwithstanding, despite our continued and continuous oral applications for Her Honour to recuse herself from hearing any application, cause,China Jersyes Cheap, matter or case of or involving the Applicants until the hearing and determination of the said complaint, Her Honour has refused to do so.”It adds that the trial of Nedd Rose is scheduled to commence shortly before Justice La Bennett and there are a number of other cases likely to continue or commence before the very judge.The affidavit also states that the applicants believe that it would be in breach of and contrary to Article 144 of the Constitution of Guyana and in contravention of the rules of natural justice for Justice La Bennett to continue to adjudicate, preside over or conduct any trial or hearing of any application, cause, matter or case of or involving the Applicants until the hearing and determination of a complaint lodged with the JSC. |
