Sunday, June 26, 2016

Eastern Caribbean High Court blocks removal of Guyana-registered plane from Anguilla

A Guyanese aviation company, Domestic Airlines, on Wednesday secured an injunction in the Eastern Caribbean High Court preventing the removal from Anguilla of a Cessna 206 plane, which was flown out of Guyana without authorization.

That plane and another one have been flown out of Guyana despite a Guyana High Court injunction.

The ex-parte application for an interim injunction was granted by Justice Cheryl Mathurin in chambers of the Anguilla Circuit against Munidat Persaud, Oxford Aviation and Daniel Frederick.

“The respondents are restrained whether personally, jointly, severally or by their agents, servants or assigns from interfering with, attempting or actually removing, relocating, flying, boarding, carrying out any mechanical work, refueling, dismantling, selling or transferring, carrying out any inspection of an aircraft currently located at the Clayton Lloyd Airport, Anguilla being a Cessna aircraft with registration mark 8R-GMP serial number U206-1117,” the court document states.

The injunction is valid until July 21, 2016 by which time lawyers for Oxford Aviation, Persaud and Frederick are expected to file responses to facilitate a hearing and determination on whether the injunction should be made absolute.

Representing Domestic Airways and Orlando Charles are Samantha Wright of Wright and Company Solicitors in Anguilla. The interim injunction was granted after the court was presented with affidavits by Charles and Attorneys-at-Law Stephen Roberts and Nigel Mercurius.

The plane bearing registration number 8R-GMP was barred from leaving Anguilla on June 26, 2016 because the Civil Aviation Authority there said it did not have an airworthiness certificate to continue on its journey to San Juan, Puerto Rico. However, the Cessna  206 with registration number 8R-GTP was allowed to leave, despite requests and the forwarding of documents by the Guyana Civil Aviation Authority to its Anguillan counterpart.

Persaud and an unnamed person flew out the planes from the Eugene F. Correia (Ogle) International Airport  during the pre-dawn hours of June 26, 2016 without immigration, air traffic control and customs clearances. 
Frederick has since insisted that he never flew any of the planes out of Guyana.

Persaud removed the planes in violation of a High Court injunction pending the hearing and determination of  a case in which one of Oxford Aviation planes had allegedly damaged a plane belonging to Orlando Charles’ Domestic Airways.

Oxford refused to pay the claimed amount for the damage and was taken to court.

Sources said the planes flew through Trinidad airspace, landed in Grenada and then Anguilla where they were detained until one of them was given clearance to depart for Puerto Rico on Sunday, June 27, 2016.

http://demerarawaves.com

One of the planes that was flown out of Guyana without genuine clearances  Sunday morning left  Anguilla for Puerto Rico, while the other was left behind on that tiny British dependency, according to usually reliable sources.

The sources said the Cessna 206, bearing registration number 8R-GTP, was allowed to leave Anguilla’s Clayton Lloyd International Airport after receiving clearance from the civil aviation body there. However, the other Cessna 206, with registration number 8R-GMP, was prevented from departing because it did not have the required airworthiness certificate in violation of International Civil Aviation Organization (ICAO) regulations barred it.

According to sources, the pilots allegedly left behind in Guyana forged customs and immigration documents.

Demerara Waves Online News was told that three persons left Anguilla aboard the plane to San Juan in accordance with its filed flight plan there.

The sources said one option available to the owner of the aircraft is to put it in a crate and ship to the United States or elsewhere.

Junior Minister of Public Infrastructure, Annette Ferguson could not say whether the documents left by the pilots were forged. She said the ongoing probe includes a legal assessment by the Guyana Civil Aviation Authority (GCAA).

The Eugene F. Correia (Ogle) International Airport has confirmed that two persons, with approved airside passes, entered the airport and flew out the planes early Saturday morning without clearance from air traffic control, customs or immigration.

The aircraft, valued at least US$110,000 each, are owned by Oxford Aviation. One of the planes was piloted by Munidat Persaud, a Guyana-born American who operates a charter service and flight school in the US.

Persaud removed the planes in violation of a High Court injunction pending the hearing and determination of  a case in which one of Oxford Aviation planes had allegedly damaged a plane belonging to Orlando Charles’ Domestic Airways.

Oxford refused to pay the claimed amount for the damage and was taken to court.

Sources said the planes flew through Trinidad airspace, landed in Grenada and then Anguilla where they were detained until one of them was given clearance to depart Sunday morning.

A Eugene F. Correia International Airport spokesman stressed that the airport’s security was not breached because the pilots had airside passes, but he conceded that Guyana’s national security has been violated due to the illegal departure of the planes.

Original article can be found here:  http://demerarawaves.com

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