Chief Justice sets out timelines
Attorney-at-Law Kim Kyte-Thomas
Attorney-at-Law Kim Kyte-Thomas

–for Ashni, Brassington court challenge

FOLLOWING the in-chamber hearing of a Fixed Date Application for an Order or Writ of Certiorari to be issued in an alleged misconduct in public office matter, a series of timelines have been set.

The matter at reference has to do with the case brought against former Finance Minister, Dr Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington by the Special Organised Crime Unit (SOCU).

In the hearing before Chief Justice (ag) Roxane George-Wiltshire on Friday, which started just after 09:00h, the applicants were granted leave to file an affidavit in reply to the submission by the State. That is to be done by June 15, after which written submissions are to be filed by June 29.

By July 16, the State is required to file its response to the applicants’ submission, after which both parties are to return to court on July 30 for clarifications and, or, a decision.

No arguments were heard Friday, and Solicitor-General Kim Kyte-Thomas told reporters after leaving the Chief Justice that she is pleased with the timelines provided, and that Fixed-Date Applications are to be dealt with expeditiously. “We are very pleased with the short timelines; the decision should be by July 30,” the Solicitor-General stated.

On Monday, Justice Franklin Holder granted a stay of application in favour of the former Finance Minister under the People’s Progressive Party (PPP) and former head of NICIL, for alleged misconduct in public office. The stay in proceedings prevents the Magistrate’s Court from going ahead with the criminal charges made against the duo by SOCU. Justice Holder’s decision pends the outcome of the Fixed Date Application filed by the duo’s attorneys, led by Anil Nandlall.

Nandlall, a former Attorney-General under the PPP administration, had said that Justice Holder’s decision favoured his client’s contention, but Kyte-Thomas made it clear that the decision is separate and apart from the substantive case.

Attorney, Anil Nandlall

Nandlall had filed a ‘Fixed Date Application’ for an Order or Writ of Certiorari to be issued, quashing the charges brought against Dr Singh and Brassington. In that ‘Fixed Date Application’, which is the substantive application, the legal team, among other things, applied for an “interim order restraining the learned Chief Magistrate or any magistrate within the Georgetown Magisterial District from hearing or attempting to hear or determine or taking any further steps in respect of the Information Upon Oath of Munilall Persaud, Corporal of Police of the Special Organized Crime Unit.”

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 head 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 charge as SOCU’s Special Prosecutor, Trenton Lake, explained to the court that additional investigations into the matter are ongoing.

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