A report from the Auditor General’s Office had recommended the charges be instituted against Safeek alleging he was involved in defrauding the State of hundreds of millions of dollars revenue payable on the beer imported under the guise of soft drinks.

However, last week, the DPP, Mrs. Shalimar Ali-Hack indicated that all criminal prosecution of Safeek had been halted.

Replying to questions at a press conference yesterday morning, before departing for New York on official business, President Jagdeo said: “This is all done at the DPP level. The Executive has no say or influence in this.”

However, the Head of State noted: “This is precisely why we passed plea bargaining legislation. It is a tool that the Police and the DPP badly needed, so that they can have greater success at prosecution.

“May times you would have, like in the United States (U.S), it is routine practice, someone cuts a deal and then they become State witness.”

Mr. Jagdeo added: “Maybe, at some point in time, I think the DPP will give more information on this. But I am pleased that we have passed that law and we may get more prosecutions now, not just on this matter but in other matters.”

Confirming that plea bargaining is being used in this case, he said: “Yes, that is what I am advised.”

The multi-agency probe was ordered by President Jagdeo after it was suspected that Customs Officers had colluded in defrauding Government of taxes payable for the importation of Polar beer by Fidelity.

He established a task force, that included the Auditor General, Mr. Deodat Sharma, to investigate the alleged conspiracy between Guyana Revenue Authority (GRA) officers, a broker and Fidelity Investment/Kong Inc.

The findings were, subsequently, laid before the National Assembly, including a recommendation that GRA takes the necessary disciplinary actions against 15 of its senior staffers who were all found to have been complicit in the fraud.

Fifteen persons, current and former Customs officers and two brokers included, were jointly charged on 72 counts of forgery and conspiracy, following the probe.

The Police Force and related agencies can now enter into plea bargaining with offenders under an order Home Affairs Minister Clement Rohee signed recently, operationalising the Criminal Procedure (Plea Bargaining and Plea Agreement) Act 2008, Number 18 of 2008, from May 2, 2009.

With the signing by the Minister, the Police Force and other law enforcement agencies and departments can now take the legal steps necessary to facilitate plea bargaining and plea agreement procedures.

Under legislation passed in Parliament on October 16, 2008, plea bargaining can now be initiated, resulting in an agreement where the prosecutor in a criminal case offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original, with the recommendation of a lighter than the maximum sentence.
A plea bargain gives criminal defendants the opportunity to avoid sitting through a trial and risking conviction on the original, more serious charge.