Judge puts on hold case against Singh, Brassington
Solicitor-General Kim Kyte-Thomas informing reporters that stay of proceedings has been granted pending the hearing at determination of the Fixed Date Application later this month. 
(Photos by Samuel Maughn )
Solicitor-General Kim Kyte-Thomas informing reporters that stay of proceedings has been granted pending the hearing at determination of the Fixed Date Application later this month. (Photos by Samuel Maughn )

HIGH Court Judge Franklin Holder has granted a stay application preventing the magistrate’s court from proceeding with criminal charges levied against former Finance Minister, Dr. Ashni Singh and Head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington for alleged misconduct in public office.

The charges against the duo who worked under the former People’s Progressive Party (PPP) Administration, were filed by the Special Organised Crime Unit (SOCU). Justice Holder handed down his decision on Monday in the High Court, pending the outcome of the Fixed Date Application slated to be heard on May 25, 2018 by Chief Justice Roxanne George-Wiltshire.

In filing the Fixed Date Application, the applicants are seeking to secure an Order or Writ of Certiorari to be issued quashing the case brought against them in the Georgetown Magistrates’ Court by SOCU. The application was made on the grounds that it is “an abuse of the process, arbitrary, capricious, whimsical, malicious, biased, [and] without any proper evidential basis, made in bad faith, influenced by irrelevant and improper considerations and motives, unreasonable, discriminatory, unlawful, null, void and of no effect.”

Outside of the courtroom, attorney Anil Nandlall, who is among a battery of lawyers representing the interest of Dr. Singh and Brassington, said he was pleased with Justice Holder’s decision. “I am pleased to announce that the Judge in a very long, written

decision, granted a stay of proceedings in respect of the criminal charges pending before the Honourable Chief Magistrate in relation to Brassington and Ashni Singh until the hearing and determination of the challenge which we have filed which is pending before the Chief Justice,” Nandlall told reporters.

It was noted that the Judge, in handing down his decision, stated that the application was approved in an effort to protect the integrity of the legal process. “The rationale, obviously, is that you can’t have an inferior court proceeding to hear and determine charges when their validity have been challenged in a High Court and those proceedings are pending before the Chief Justice,” Nandlall further explained.

Nandlall claimed that Justice Holder indicated that issues raised in their application were substantial. But Solicitor-General Kim Kyte-Thomas, who is representing the interest of the state in the matter, while conceding that Justice Holder has granted the stay of

proceedings pending the outcome of the Fixed Date Application, made it clear that Monday’s decision does not speak to the validity of application now pending. “All he has done is stayed the magistrate’s court hearing until the Fixed Date Application, which comes up before Justice George on May 25, 2018, is determined. He has said that he wants to protect the judicial process, meaning that he doesn’t want the magistrate matter to be ongoing while Justice George is determining the Fixed Date Application,” the Solicitor-General explained.

Former Attorney General Anil Nandlall speaking with reporters shortly after exiting the courtroom at the High Court on Monday

Ahead of a determination by the Chief Justice, Kyte-Thomas told reporters that the State’s position in the matter remains the same. “It is our position that the Fixed Date Application has no realistic prospect of success, it doesn’t. The DDP was in her power to institute the charge. They have not and they cannot establish any Mala Fides that she acted in bad faith, or any exceptional circumstances or that the charges are bad in law,” she said.

The Solicitor General noted that the state has argued extensively that the charges are very good in law. “It is common law charge. It is provided for under the Laws of Guyana. We have, as far as we are concerned, we have established that we are relying on that, and we will rely on that to the Fixed Date Application,” Kyte-Thomas emphasised. She further reiterated that Justice Holder, in handing down his decision, did not address the validity of the Fixed Date Application.

“The judge’s only consideration at this stage is that he doesn’t want the magistrate’s court matter to be ongoing while the Chief Justice is dealing with this matter, that is all. It doesn’t say anything about the merits of their application or anything of that sort,’ the Social-General stated.

The Solicitor-General and her team, comprising Principal Legal Advisers, Judy Stuart-Adonis and Onika Archer of the Attorney General’s Chambers, will soon file their Affidavit and present their arguments. “We are very confident about our arguments,” said an optimistic Kyte-Thomas.

On May 8, 2018, Dr. Singh and Brassington were charged with three counts of misconduct in public office, contrary to the public law when they appeared before Chief Magistrate Ann McLennan.

The first charge alleged that on Monday, December 28, 2009, by way of an agreement of sale and purchase, they “acted recklessly” when they sold to National Hardware Guyana Limited, lands amounting to 103.88 acres, property of the state for the sum of $598, 659, 398 (Vat exclusive) without first having procured a valuation of the said property from a competent valuation officer.

The second charge alleges that the duo on Tuesday, December 30, 2008, by way of agreement of sale and purchase “without due diligence” sold to Scady Business Corporation, land located at Liliendaal, ECD, amounting to 4,700 acres, also the property of the state for the sum of $150,000,000, knowing that the said property was valued at $340,000,000 by Rodrigues Architects Associate.

The final charge alleges that the former finance minister and the former NICIL CEO on Saturday, May 14, 2011, by way of agreement of sale and purchase “acted recklessly” when they sold to Multi-Cinemas Guyana Inc. 10, 002 acres of land located at Turkeyen, ECD, property of the state for the sum of $185, 037,000 without first having procured a valuation of the said property from a competent valuation officer.

The men were not required to plead to the charges as SOCU’s Special Prosecutor, Trenton Lake, explained to the court that additional investigations into the matter are ongoing.

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