GRA, GEA chiefs facing contempt proceedings for failing to obey High Court orders

Guyana Finance Authority (GRA) Commissioner-General, Godfrey Statia, and Guyana Energy Agency (GEA) CEO, Dr Mahender Sharma, face contempt of court for their failure to comply with two Orders made by Chief Justice Roxane George, SC.

The case was filed by Attorney General Dhurjon Law on behalf of Atlantic Fuels Incorporated (AFI), whose chief executive is former CEO of Guyana Water Incorporated (GWI) Dr Richard Van West-Charles.
In a court order dated February 3, 2021, Justice George ordered Statia and Sharma to release over $ 80 million worth of diesel that the two state agencies had illegally seized from the fuel company.

In another order dated March 15, 2021, the Chief Justice further ordered Statia and Sharma to pay AFI $ 12,825,000 in storage costs, and another $ 113,500 for each additional day the fuel is held. State agencies, according to Dhurjon, are yet to comply with Court Orders.
On November 1, 2020, AFI imported diesel fuel into Guyana. The GEA had said at that time, following its investigation, that it was revealed that the fuel had been purchased by Staatsolie, a Surinamese-based company, and not Global Oil, as represented in documents submitted by AFI. As a result, the 635,353 liters of diesel was seized by the GRA.

AFI, however, refused to make any false allegations, and filed a lawsuit against Statia and Sharma. Justice George heard the lawsuit, which declared that the fuel belonged to AFI, and that the GRA and the GEA acted unlawfully, illegally, and unconstitutionally in their actions to prevent the marking and clearing of the fuel as which the company could import successfully.
Justice George therefore ordered the immediate release of the fuel, because, among other things, he had paid over $ 20 million in fees and taxes for his importation.
Following the Chief Justice’s ruling, Statia and Sharma had filed an appeal against the ruling in the Court of Appeal. By summons, they had also applied to suspend the execution of the judgment. The application for the suspension of execution was denied on March 4, 2021 by Appeal Justice Rishi Persaud.
However, AFI’s lawyer had pledged that he would not seek to enforce the Chief Justice’s Orders before March 15, 2021, thereby allowing Sharma and Statia to make another application for the suspension of his execution, this time before the Chief Justice.

Counsel for AFI has said that no such request was made by any of the defendants. As a result, on Wednesday Dhurjon filed a Court of Contempt case where he asks that Statia and Sharma be imprisoned and fined for disobeying the Chief Justice’s Orders.
In the Contempt of Court application, Dhujon noted that despite Justice George’s Orders, the fuel has not been released and remains under seals set by GRA at Chinaa Zhonghao Inc.’s storage facility, resulting in at least $ 113,500 in storage fees with each passing. day.
According to the lawyer, none of the $ 12,825,550 owed to AFI was paid by Statia and Sharma. The Chief Justice had ordered that they be jointly and severally liable for payment of the sum. Further, the lawyer said, the company has not received any word or correspondence from either Sharma or Statia regarding their fulfillment of the two Court Orders.
Both Court Orders have been issued to Sharma, Dhurjon said. However, with regard to Statia, the solicitor said that attempts to personally serve Court Orders had been unsuccessful, “as his employees and / or agents would prevent Marshals from physically accessing Mr. Statia. ”
In the application, Dhurjon states that Sharma and Statia became aware of the Orders issued by the Chief Justice, as they had instructed their counsel to file an appeal against the same. With this in mind, he asks that two Government officials be held in contempt of Court.
“Statia and Sharma are both in contempt of court for their willful and willful negligence, disregard, violation and failure to obey two Court Orders, and should be held in contempt and committed to prison, lest his disregard for the Honorable Court, to uphold the Constitution of our land, and to the exact rule of law, ”deposed Dhurjon.
In the circumstances, he seeks an order that Statia and Sharma be held in contempt of court for disobeying the Chief Justice’s orders. He seeks another order that they have committed to jail and be forced to pay a fine for contempt of court, having thrown out Court Orders.
The lawyer wants another order ordering them to obey court orders, failing that they will face other punitive and / or corrective penalties. Counsel also wants the Court to award costs against them.
During the case before the Chief Justice, Statia was represented by Attorney General Judy Stuart-Adonis, while Sharma was represented by Attorney General Coleen Sparman-Stephen. (G1)