The Guyana Energy Agency, on November 01, 2011, through Special Prosecutor, Attorney-at-Law, Gino Persaud,has secured two convictions at the Bartica Magistrates Court in a verdict handed down by Magistrate Faith McGusty. Three defendants, Chandradatt Ramdass, Wexton Andrews, and RamdatRoopnarine were found guilty of transporting petroleum in bulk quantity on sea without a bulk transportation carrier licence.  The penalty ordered was $500,000 each or one year’s imprisonment. Wexton Andrews was convicted ex parte (he never attended his trial).
The three defendants were also found guilty of being in possession of petroleum in a total quantity exceeding 2000 litres, without a storage licence. The penalty ordered was a fine of $300,000 each or six months imprisonment.  At the time the charges were instituted, there was a fourth defendant, Amarnauth Jaggernauth, who subsequently died during the trial. A death certificate was tendered to the magistrate and the charges discontinued against him. The two defendants, Ramdass and Roopnarine, were present in court when the verdict was delivered and requested two weeks from the court to pay the fine.
Counsel objected on the ground that the fine was lenient, taking into consideration that the statutory fine was $3M. The magistrate refused their request and instructed that the fine would have to be paid immediately, or they would be imprisoned. The defendants failed to pay the fines and were subsequently taken into custody, but were later released after the fines were paid.
Since the implementation of the Fuel Marking Programme, the GEA has seen an increase in the number of charges being instituted. There have been two instances of individuals pleading guilty to offences and they were ordered to pay  fines of $3M.
On June 10, 2011, the GEA was once again successful in the matter of Gea v. John Doris at the Vreed-en-Hoop Magistrate’s Court. Her Worship, Magistrate Natasha Hatmin, found John Doris guilty of the offence of possession of illegal petroleum and a fine of $500,000 was imposed. Doris was previously charged with being in possession of 135 gallons of illegal diesel and mixed gas. The matter was prosecuted by Special Prosecutor, Mr. Euclin Gomes.
Her Worship, Magistrate Faith McGusty, on September 20, 2011, at the Charity Magistrate’s Court, in the Essequibo Magisterial District, convicted Akbar Mohamed of being in possession of illegal petroleum. Mohamed, of New Road, Charity, was on the 22nd day of March, 2010, charged with being in possession of 265 gallons of illegal petroleum. The Magistrate subsequently fined Mohamed $150,000.  The Guyana Energy Agency was represented by Special Prosecutor, Mr. Gino Persaud.
To date there are 26 prosecutions ongoing in the courts throughout Guyana.
At the recent parliamentary debate held on August 4, 2011, when the Guyana Energy Agency (Amendment) Bill 2011 was passed, it was revealed that fuel smuggling in Guyana has reduced over the past years.  Analysis of data revealed that there has been more testing in the fields and a decrease in the number of sites being found with illegal fuel.
In 2004, 573 sites were visited with 13% having significant dilution, whereas in 2010, some 1,313 sites were visited and only 3% were found with significant dilution.  The amendments were passed to, among other things, make it an offence for persons to be in unauthorized possession of duty-free fuel that has been marked.
Persons convicted for illegal possession and use of fuel markers will now be fined $3,000,000 and sentenced to one year’s imprisonment. This particular offence, which has been created under the Amendment, came at a crucial time since the fuel smugglers are desperate to obtain the proprietary marker concentrate.
The successes of the Fuel Marking Programme are inextricably linked to the support of the Task Force on Fuel Smuggling and Contraband, chaired by Minister of Home Affairs, Clement Rohee.
The Task Force has been instrumental in preparing Standard Operating Procedures to promote coordinated and efficient inter-agency operations between the Guyana Police Force, Guyana Revenue Authority, Guyana Defence Force Coast Guard, Customs Anti-Narcotics Unit (CANU) and the Guyana Oil Company (Guyoil).
Cooperation under the Task Force ensured the successful detention of illegal fuel, suspects, vehicles, vessels and subsequent institution of charges.