Firstly, the CJ (ag) specifically declared that his use of the spreadsheet was unlawful, null and void.
However, to constitute a fraud in Law his acts must have been intended, in fact or by reasonable inference, to deceive anyone affected by the result of his actions.
Our Court of Appeal declared that his deceitful act in presenting a false passport, i.e., one not lawfully issued to him, was a “fraudulent” act, and was therefore unlawful, null and void from the moment he did so and not when it was discovered.
The only reasonable inference was that, by his deceitful act, he intended to obtain a permit from the immigration officer to enter Guyana and this was unlawful.
In finding that his act was “unlawful, null and void” the learned CJ (ag) had no doubt concluded that his declaration, concocted by this unlawful means, constituted a fraudulent exercise of his statutory power, in the same manner that the CA found that the alien’s conduct was fraudulent.
