Attorney General's motion dismissed
June 22, 2004
Justice Yonette Cummings-Edwards yesterday afternoon dismissed the notice of motion filed by Attorney General Doodnauth Singh seeking to repeal a High Court order regarding the placement at the New Opportunity Corps (NOC) of a girl at the centre of a tug-of-war between her mother and city businessman, Reeaz Khan.
Justice BS Roy, who is currently presiding in habeas corpus proceedings brought against Khan and the Ministry of Human Services and Social Security by the 13-year-old girl's mother, had ordered that the girl be placed in protective custody at the NOC for two weeks and receive professional counselling during that period.
In her ruling, Justice Cummings-Edwards dealt with the procedure employed by AG Singh in filing the application and found that the AG had no locus standi in the original matter and as such his petition is "misconceived" and the court could not entertain the application.
Khan, meanwhile, has filed a notice of motion similar to that filed by the AG seeking to have Justice Roy's order stayed and declared unconstitutional.
The businessman has filed his action in the capacity of 'next friend' or guardian on the child's behalf and claiming breach of the child's constitutional rights and damages.
The matter involving the habeas corpus proceedings continues before Justice BS Roy this Friday when Social Worker/Counsellor Lisa Thompson is expected to submit a report based on her counselling of the child.
Khan is expected to appear at the Wales Magistrate's Court this Thursday when the private criminal proceedings against him resume.
And in relation to contempt charges filed against him, Khan is set to appear before Justice BS Roy on June 28.