MR Dean Hassan, the holder of four mineral properties at Konawaruk, Mining District #3 (Blocks M-23/MP/000, C-11/MP/001, C-12/MP/001, and H-45/MP/000) has issued a press statement with the hope of clarify the following:

Around 26th June, 2014, Dean Hassan granted Mario Figueira permission to carry on a mining operation on the first three Blocks – Mining Blocks M-23/MP/000, C-11/MP/001, and C-12/MP/001.

At that time, Mario Figueira was told he was to obtain mining privileges from the Guyana Geology and Mines Commission in order to comply with Regulation 144 of the Mining Regulations of Guyana.

Mario Figueira was also told he had to obtain Permission from the GGMC to bring dredges onto the three mineral properties on which he was being allowed to work. This was to satisfy Regulation 149 (1) of the Mining Regulations.

Mario Figueira obtained the privileges and permission. These were granted in documents dated 26th June, 2014. He submitted those to Dean Hassan’s office, and Hassan endorsed them with the specific titles of the three properties Figueira was being allowed to work on – M-23/MP/000, C-11/MP/001, and C-12/MP/001.

Unknown to Dean Hassan, Mario Figueira later brought a dredge onto the fourth Mining Block: H-45/MP/000, and began mining operations on the fourth Block. He did not get permission to do this, and kept his operation a secret.

During the first week of April, 2015, Dean Hassan’s security forces reported to him that they had uncovered a covert mining operation on H-45/MP/000 that was “raiding” the Block. It was Figueira’s operation.

Dean Hassan gave instructions that the illegal operation was to be stopped immediately. Apart from not having permission, it was an open breach of Regulations 144, 145, 147 and 149 (1) of the Mining Regulations, and Hassan feared he could be viewed as complicit in this breach if he allowed it to continue.

Mario Figueira went personally to Hassan’s office and begged his staff there for some time to finish the mining works he had started. Hassan was not in Guyana, but he told his staff he could not allow the illegal operations as they were in breach of the Regulations, and he did not wish to be blamed by the GGMC for any part of it. He instructed that the illegal operations had to stop immediately.

Hassan claims Mario Figueira instituted Civil Action No. 2015-HC-DEM-CIV-518 in order to obtain the time he had earlier asked for.
Figueira and his wife, Alisha Figueira, claimed in the action they had concluded an oral agreement with Dean Hassan to mine HP-45/MP/000. They alleged that Hassan’s refusal to allow them to continue the illegal operations was a breach of his oral contract with them.

Mario Figueira applied ex-parte and obtained an Injunction, dated 28th April, 2015, against Dean Hassan, restraining Hassan from preventing him from carrying on the illegal mining operations on H-45/MP/000.

On 10th May, 2015, Dean Hassan’s security forces stopped the illegal operations by closing it down. Mario Figueira is claiming that Dean Hassan’s security forces used excessive force and damaged his equipment. He is also claiming that the security forces had injured one of his workmen.

Dean Hassan denies this completely. He is saying that Figueira’s claims are false and are an attempt to divert the public and GGMC’s attention from the fact that Figueira has illegally raided his property, causing him to suffer millions of dollars in stolen gold.

By 21st May, 2015, the GGMC had also learnt (through its field station in the area) of Figueira’s illegal operation. The GGMC issued a Cease-Work Order against Figueira, prohibiting him from continuing with his illegal mining operations on H-45-/MP/000. The GGMC based the Cease Work Order on the fact that the operation was illegal, as neither mining privileges nor permissions had been obtained for it, in breach of the Mining Regulations mentioned above.

Meanwhile Dean Hassan has entered an appearance in Figueira’s lawsuit, No. 2015-HC-DEM-CIV-518. He and a member of his staff, Mr. Ray Beharry, have filed affidavits in answer. In their affidavits, they set out the matters stated above.

On 26th June, 2015, inter-partes arguments were fixed to begin before the Honourable Chief Justice Mr. Ian N. Chang, SC. Counsel for Mario Figueira informed the Court that he would not be proceeding with the Injunction. The Honourable Chief Justice, after hearing submissions from Mr. Edward Luckhoo, SC and Andrew M.F. Pollard for Dean Hassan — that the Injunction had been obtained by a non-disclosure of very material facts (they had failed to disclose that the operation was an illegal one and that the GGMC had independently issued a Cease Work Order to Figueira), and on reading the affidavits — discharged the Injunction previously obtained by the Figueiras.

Mario Figueira, on 10th June, 2015, instituted a second Civil Action, No. 2015-HC-DEM-CIV-644, against Dean Hassan. In this second action, the Figueiras are claiming damages in excess of $1M for what they claim is wrongful closure of their illegal operations.

Mario Figueira had also sought a second ex-parte Injunction in the action. He is seeking to prevent Dean Hassan disposing of any of his assets before the end of the action on ground that any judgment he obtains would be a fruitless or empty one.

When the matter came up in Commercial Court before Justice Rishi Persaud on 1st July 2015, the Court granted a much more limited scope Injunction than the one sought by Figueira. The Injunction requested by Figueira would have frozen all of Dean Hassan’s mining properties (not just the 4 mentioned above), together with all of his vehicles and other assets. The Court instead granted an Injunction only preventing Hassan from disposing of three of the four mining properties mentioned above.

Dean Hassan entered appearance in the second action, and obtained the Court’s leave to file an affidavit in answer. In his affidavit, Hassan pointed to several instances where – just as in the first injunction, proceedings were discharged for non-disclosure – Figueira again failed to disclose that the operation he is seeking the court’s protection for is an illegal one, and that the GGMC has banned him from working the property on the ground that he has no permission to do so.

When the matter was called in Commercial Court on 29th July 2015, Hassan’s Attorneys-at-Law — Mr. Edward Luckhoo, SC and Andrew M.F. Pollard — made submissions urging the Court to discharge the Injunction for these breaches by Figueira.

Mr. Juman-Yassin, who appears for Figueira, asked the Court’s leave to submit a written response to Hassan’s submissions. The Court agreed, and adjourned the matter to 16th September 2015 for his response. However, the Court viewed the possible breaches by Figueira as so serious that it has suspended the operation of the Injunction until further order of the Court.

Dean Hassan is represented by Mr. Edward Luckhoo, SC of Messrs. Luckhoo & Luckhoo, and Mr. Andrew M.F. Pollard of Messrs. Hughes, Fields & Stoby. The Figueiras are represented by Mr. K.A. Juman-Yassin.