Last Updated on Thursday, 14 June 2018, 16:39 by Denis Chabrol
The High Court has been asked to remove a government-appointed management team of the Guyana Public Service Cooperative Credit Union (GPSCCU) that seized control of the financial institution last month on the grounds that it is illegal.
In court papers obtained by Demerara Waves Online News, Patricia Went, in her capacity as GPSCCU Chairman wants the High Court to grant an injunction restraining or prohibiting Gifth, her servants, agents and assigns from continuing to assume control of the affairs of that institution or taking any further consequential decisions until a hearing and determination of the matter.
The Chief Cooperative Development Officer/Commissioner for Cooperative Development, Perlina Gifth on May 25, 2018 took control of the credit union over the alleged failure of that entity to pay GY$49.6 million to the Audit and Supervision Fund from 2002 to 2013.
The case will be heard on July 9, 2018 before Justice Navindra Singh.
The court action comes at a time when the government-appointed management team has enlisted the services of an auditor to audit the books and other records before an election is called and the credit union is relieved from government control.
The High Court has also been asked to grant an injunction to restrain Justice Prem Persaud, Patsy Russel, Trevor Benn, Rajdai Jagarnauth, Gillian Pollard, Oneidge Waldron-Allicock, Patrick Mentore and George Vaughn from managing the affairs of the GPSCCU.
Went’s application also calls for a declaration that the decision by the Chief Cooperative Development Officer that GPSCCU’s Secretary Manager, Trevor James Benn to hand over cash book, cheque books, registers, ledgers, asset register and all other related financial documents as well as any drawn cheques, cash on hand, keys to the building, strong boxes etc is unlawful, ultra vires, irrational, unreasonable, wholly in excess of jurisdiction, unreasonable, null, void, of no legal effect and in breach of the Cooperative Societies Act
Based on almost identical grounds, the High Court has been requested to declare as illegal the decision of the he Chief Cooperative Development Officer that Republic Bank Limited and Bank of Nova Scotia freeze the bank accounts credit union until further notice
Went wants the court to declare that the decision by the Chief Cooperative Development Officer and or Commissioner for Cooperative Development to assume control of the credit union is a breach of the Cooperative Societies Act, and in breach of and denial of the principles of natural justice and legitimate expectations.
The Court is also being asked to declare that the Chief Cooperative Development Officer, Perlina Gifth’s appointment of Justice Prem Persaud, Patsy Russel, Trevor Benn, Rajdai Jagarnauth, Gillian Pollard, Oneidge Waldron-Allicock, Patrick Mentore and George Vaughn to manage the affairs of the GPSCCU is also illegal. Similarly, Went claims that the identification of a Secretary/Manager of that financial institution is unlawful, ultra vires, irrational, unreasonable, wholly in excess of jurisdiction, null, void and of no legal effect.
Went said she has been authorised by the other members of the Committee of Management- Vera Naughton, Abiola Griffith, Uhlan Leander, Thomas Nestor, Patrick Yarde, Maurice Veecock, Dawn Gardener, Jermain Hermanstyne, Reginald Brotherson, Kenneth Watson, Grace Mc Kend and Ivelaw Henry- to apply to the High Court and file the affidavit on their behalf.