CHIEF Justice Roxane George-Wiltshire on Tuesday granted an interim stay of proceedings in the misconduct in public office charge case against former Finance Minister Dr. Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington for the sale of Sanata Textiles to Queens Atlantic Investment Inc.

The duo via their attorney Sase Gunraj filed an urgent application at the High Court which called on the chief justice to stay the proceedings pending hearing and determination of an application for judicial review of the decision to institute criminal charges against them.
The respondents are Richard Frank, Detective Inspector of Police; Commissioner of Police, David Ramnarine; Chief Magistrate Ann McLennan; and Director of Public Prosecutions (DPP), Shalimar Ali-Hack.

Dr. Singh and Brassington called for review of the decision by Frank, the commissioner of police and the DPP to institute charges against them, while seeking an order of prohibition against the chief magistrate to prevent her from hearing and considering the said proceedings.

The application referred to case jackets numbered 7766/7767 of 2018 where the duo was jointly charged with the common law offence of misconduct in public office. Dr. Singh and Brassington were both charged with recklessly selling to Queens Atlantic Investment Inc., Sanata Textiles Complex totalling 18.871 acres for $697, 864, 800 between October and December 2010 when the property was valued at $1, 042, 403, 500.

The matter was scheduled to be heard on July 26, 2018, before the chief magistrate. Attorney representing Dr. Singh and Brassington, Sase Gunraj, argued that the legal basis on which the aforesaid stay was requested mirrored those previously raised in case jackets 4915/4916 of 2018, 4917/4918 of 2018 and 4919/4920 of 2018. Those proceedings were stayed by way of an interim injunction made by Justice Franklyn Holder on May 21, 2018.
On May 8, Dr. Singh and Brassington were jointly charged with three counts of misconduct in public office, contrary to the public law. The first charge alleged that on Monday, December 28, 2009 by way of an agreement of sale and purchase “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 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. They were released on $3M each.

Meanwhile, the chief justice in her assessment merged the said cases and will hand down her decision on the matter on July 30, 2018.

The state was represented by Assistant Solicitor-General Beverley Bishop-Cheddie and State Counsel Utieka John and Coleen Liverpool.