ATTORNEY General and Legal Affairs Minister, Basil Williams, has said a “clear case” exists against those high ranking People’s Progressive Party/Civic (PPP/C) officials who have been fingered in a corruption case put forth by the State Assets Recovery Unit (SARU).The SARU has, in a submitted report, accused former president Bharrat Jagdeo and five of his ministers of purchasing, at Sparendaam, East Coast Demerara, prime state lands that were “grossly undervalued and sold (for) substantially lower than the market value.”

The unit has called on the Attorney General to put in place the requisite systems that would pave the way for charges of “misconduct in public office,” to be laid against Jagdeo and his former ministers: Robert Persaud, Dr. Jennifer Westford, Priya Manickchand, Dr. Nanda Gopaul, and Clement Rohee.

Speaking to the press at his office on Thursday, the Legal Affairs Minister said not only were the lands “grossly undervalued” during the initial sale, but when the lands were resold, the former ministers raked in “tremendous profits.”

While the case would be treated as a civil matter by the Attorney General’s Chambers, he would have recommended that the report be sent to the Public Security Minister and the Director of Public Prosecution (DPP) for criminal charges to be brought against the accused.

“The criminal side is misconduct in public office, and that will be swifter,” he said. Explaining that “the constitutional body to institute charges is the DPP.” He noted that “the police could also institute charges, but if they institute charges without collaborating with the DPP, the DPP has (the) power to intervene and take over the prosecution started by the police.”

In responding to concerns that the DPP, Mrs Shalimar Ali-Hack, would have also benefited from a plot of land in the disputed area, Minister Williams said Hack would have to recuse herself from the case.

“Well, I don’t want to think out loud, but that will be a case where the DPP would have to recuse herself in the determination of that matter,” he posited.

Questioned whether the DPP or the Guyana Police Force would be able to institute charges against Jagdeo, considering that the act was committed while he was a serving president, Williams said: “The constitution provides that, but it is a question of interpretation.”

Williams explained that the constitution provides for a president to act within his realm of power, but if that power is abused or if the President acts outside of his power, then he would lose that protection.

“…but the constitution does say something like that, but it’s all a question of interpretation at the courts; because even though you have the power, you have to exercise the power judicially…,” he said.

The GPF and the DPP will be pursuing the criminal end of the matter, but the Attorney General reiterated that the only action his chambers could bring against the accused is a civil action of misfeasance of public office.

However, it was explained that the chamber must first gather the necessary evidence and particulars in order to move forward. “I can assure you that once we find that we have sufficient evidence to constitute the tort — and I believe there is (evidence), because you have former ministers who knew that they were getting land at an undervalue that was state land, and they actually resold the land for profit…,” he argued.

He further added: “Ministers must know that they are in an office of trust, and that they are supposed to use their office for the benefit of the public and the state. And so they cannot be involved in an exercise that would undermine the rights of the state and cause the state to suffer loss or damage…and certainly, when it comes to state land, they must know the value of those lands.”

Meanwhile, the SARU report has pointed out that the controversial area — previously identified as Tract A of Sparendaam, and now called ‘Pradoville 2’ — was owned by the state, but a 2010 decision by the then Cabinet under the stewardship of Jagdeo had the land privatised.

Twenty persons were among those who benefited, including the then president and five of his cabinet ministers. The lands were transferred to beneficiaries under several conditions, one being that the “transferee shall not be at liberty to sell, lease, transfer, or part with possession of the said property within ten years of transfer without the written consent of the minister responsible for housing.”

However, Priya Manickchand, who was serving as Human Services and Social Security Minister at the time, allegedly “sold her land to Dave Naraine for a whopping $100M on February 21, 2013, three years after the purchase of the said land, (and) without any written permission from the CHPA.” She accordingly breached Clause C of the conditions attached by the Central Housing and Planning Authority (CHPA).

The land owned by Robert Persaud was allegedly transferred into the possession of his wife, Kamini Persaud, and that of his children — Makalya and Robert Persaud Jnr. On the 18th September, 2014, the said land was sold to LSR Company for $90M without any written permission from CH&PA, thereby breaching Clause C of the agreement.

At the end of the investigation, the unit concluded that the former cabinet ministers “wilfully neglected” to execute their duties without reasonable excuse and justification, to such an extent that it amounted to an abuse of the public trust in the office holders”.

By Svetlana Marshall