Cross examination was factually and legally inaccurate
– President Jagdeo did not appoint any DPP
IN the High Court hearing yesterday of President Jagdeo’s $10M libel suit against Columnist Freddie Kissoon and Kaieteur News, there were long exchanges between the plaintiff’s lawyer Anil Nandlall and defence lawyer Nigel Hughes, in respect of appointments to the Office of the Director of Public Prosecution (DPP).

In his cross examination, Hughes have asked Dr. Roger Luncheon – the chief witness that the plaintiff had appointed, that the only two appointments which the plaintiff made to the office of the DPP were Indians, Dennis Hanoman Singh and Shalimar Ali-Hack.

The judge was initially not permitting any re-examination of this issue but Nandlall, in his attempt to persuade the judge that re-examination is necessary, accused Hughes of putting to the witness questions which were not only factually inaccurate but also legally inaccurate.

Nandlall explained that appointments to the Office of the DPP were matters of public record and which the court ought to take initial notice of, and that, in its current state, the record of the court was inaccurate because President Jagdeo appointed neither Dennis Hanoman Singh nor Shalimar Ali-Hack.

Nandlall explained that these two appointments were made years apart from each other and under different constitutions. Nandlall also pointed out that the appointment of the DPP now, after the 2001 amendment to the Constitution, is made by the Judicial Service Commission and not by the President, a legal fact which Nandlall accused Hughes of not knowing.

Finally, the judge permitted the question and the witness was able to explain that Dennis Hanoman Singh was appointed by former President Janet Jagan, and that Shalimar Ali-Hack was appointed by the Judicial Service Commission. Therefore, neither were appointed by President Jagdeo.

In an invited comment, Nandlall told this newspaper that President Jagdeo never had the occasion of appointing a DPP during his presidency.

He further told this newspaper that the only Chancellor of the Judiciary appointed by President Jagdeo is Desiree Bernard, and that Justice Carl Singh has not been appointed Chancellor of the Judiciary because such an appointment requires an agreement with the Leader of the Opposition. And to date such agreement has not been received, Nandlall said.

Nandlall then moved to the appointments of Guyana’s representatives to International Financial Boards (IFBs), recalling a suggestion by Hughes during cross-examination that Dr. Ganga Ramdass was a government representative under the plaintiff’s tenure. The HPS stated that Dr. Ramdass did not serve as Guyana’s advisor to the International Monetary Fund (IMF) board and neither was Deochand Narine appointed to serve on the World Bank’s board during the plaintiff’s tenure as was mentioned. Further, with regard to the appointments of Afro-Guyanese representatives to IFBs during the plaintiff’s tenure, the witness said that Dr. Havelock Brewster held two of the highest positions afforded Guyana, Executive Director Ag and subsequently, Executive Director of the Inter-American Development Bank (IADB). His appointment to the latter position was made by the plaintiff.    

Meanwhile, Dr. Luncheon yesterday also testified that many of the Indian-Guyanese serving as heads on various State boards were neither appointed by President Jagdeo nor Cabinet.

On a previous occasion, Hughes had listed over 41 persons of Indian ethnicity whom he suggested heads the majority of government agencies in the country. Luncheon had acceded that the persons mentioned by the lawyer were all Indo-Guyanese.
It is for this reason that Nandlall yesterday sought to have the witness explain if the persons mentioned by Hughes were appointed by the President or Cabinet.
The following are persons whom Luncheon revealed were appointed by their respective Boards and not by the plaintiff or the Cabinet: Commissioner General of the Guyana Revenue Authority (GRA) Khurshid Sattaur; Chief Executive Officer of the Georgetown Public Hospital Corporation (GPHC) Michael Khan; CEO of the Guyana Civil Aviation Authority Zulfikar Mohammed; CEO of the National Communications Network (NCN) Mohammed Sattaur; CEO of Go-Invest Desmond Mohammed; CEO of Guyana Lands and Surveys Commission Durga Persaud; CEO of the Environmental Protection Agency (EPA) Dr Ramdass; CEO of the Guyana Forestry Commission (GFC) James Singh; CEO of the New Guyana Marketing Corporation (GMC) Nizam Hassan; and CEO of the National Agricultural Research and Extension Institute (NARI) Dr Oudho Homenauth.
Dr Luncheon said University of Guyana Chancellor Dr. Prem Misir was elected by the Council while Director of the Government Information Agency (GINA) Neaz Subhan was appointed by the Minister of Information.
Luncheon said the Prime Minister responsible for communications appointed Mr. Valmiki Singh of the National Frequency Management Unit while Auditor General Deodat Sharma was appointed by the President in accordance with the advised recommendation of the Public Service Commission. This is a constitutional requirement, he pointed out. 
The plaintiff appointed Police Complaints Authority Chairman Mr. Cecil Kennard as well as Dr Suresh Narine of the Institute of Applied Science and Technology, Luncheon said, adding that Chairperson of the Teachers Service Commission Mrs. Leila Ramson was appointed by and from among the actual members of the Commission.
Chairmen of the Public Service Commission Mr. Ganga Persaud and the Police Service Commission Mr. Dennis Morgan were elected by and from among members of their respective commissions. Chairperson of the Rights of the Child Commission Ms. Alima Nasir was also elected in this fashion, Luncheon said.
According to him, Head of the Public Service Dr Nanda Gopaul, who is also the Permanent Secretary in the Ministry of the Office of the President, was appointed by the plaintiff and Registrar of the Supreme Court (Ag) Bibi Ali was appointed by the Judicial Service Commission.
Nandlall shifted his questions to appointments made in certain State corporations and Luncheon gave testimony that Acting CEO of the Guyana Sugar Corporation (GuySuCo) Paul Bhim, CEO of Guyana Water Inc. Uri Chandisingh, and CEO of Guyana Power and Light Bharat Dindyal were all appointed by their respective Boards.
Asked about CEO of the Guyana Energy Agency (GEA) Mahendar Sharma, Luncheon said Sharma was appointed by the Prime Minister.
In cross examination, the witness was asked by the defense lawyers about a number of positions at GPHC including Finance Director Mohammed Karrimula, Internal Auditor Kavita Ramkissoon, Head of Medicine Ramsundar Doobay, Pathologist Nehaul Singh, Head of Gynecology K. Jadia, Psychiatry Department Bairo Harry, Head of HIV Programme Shanti Singh, Chief Medical Officer Shamdeo Persaud, Chief Surgeon Dr Samaroo or Dr Aamir, Head of Cheddi Jagan Dental School Dr Lee, and Berbice Hospital Dr. Vishwa Mahadeo.
Luncheon yesterday testified that many of these individuals were not from the GPHC and that those from the Ministry of Health were appointed by the Public Service Commission.
“There were a number of appointments that antedated the creation of the GPHC and appointments were made by the Public Service Commission. So would be the psychiatrist and the pathologist and all others who were approved by the Board of the GPHC,” Dr Luncheon said.
Luncheon further testified that Leslie Cadogan is the CEO of the New Amsterdam public hospital and that his appointment was not made by the Cabinet or by the plaintiff.
He said he was still unaware of the identity of the head of the Cheddi Jagan Dental School and offered that HIV, Malaria, TB Programmes, among others, are foreign funded projects. “Appointments to head these projects are not made by the plaintiff or the cabinet. These are Ministry of Health projects and not of the GPHC.”
The case will continue on December 1.