THE absence of a witness protection plan has crippled the government’s efforts to go after public officials who have allegedly stolen the state’s finances and properties, Public Security Minister Khemraj Ramjattan has said. Minister Ramjattan told reporters on Friday that it is difficult for the government to take such matters before the courts as witnesses have refused to give written statements, because they are fearful for their lives. He said the lack of a witness protection plan for witnesses and their families is a major hurdle that the government is currently fighting, while noting that the Witness Protection Bill will be tabled in the National Assembly soon; but until then, there is nothing the administration can do.
Last year, the APNU+AFC coalition government announced that it will be moving to establish a witness protection programme through the enactment of the Witness Protection Bill 2015, so as to bring the country on par with other CARICOM states.
Minister of Governance at the time, Raphael Trotman, said the Bill would have been placed before the National Assembly after being reviewed by a sub-committee at Cabinet. “You can give a lot of the evidence to an auditor, but when it comes to criminal prosecutions, you have to do the written statements and some of these persons who have to give and testify when they know what the investigations are all about have been telling some of the police… that they are scared to death,” he said.
In many cases the minister said, the witnesses are friends of the suspects, making it even more difficult for them to come forward with the information. He said there are many stumbling blocks and noted that the witnesses had no issue providing information to the forensic auditors, but will not go beyond that.
“You can give a lot of the evidence to an auditor, but when it comes to criminal prosecutions, you have to do the written statements and some of these persons who have to give and testify when they know what the investigations are all about have been telling some of the policemen — this is Guyana, they are scared to death and we do not have a witness protection plan.”
The Public Security Minister said his ministry is trying its best to “persuade these very vital witnesses who have the cogent, convincing evidence to please talk out in a statement.” He noted that in order for evidence to be taken to the courts, it must be in writing and the witnesses must be prepared to give evidence in a court of law.
“But they tell you all kinds of things…we are having a multiplicity of reasons why some of them are not coming forward. You can’t beat a person in the head to testify or give a police statement. They gave a lot of the statements to the forensic auditors and we have found the corruption in the PPP government.”
Ramjattan believes that once the stumbling block is overcome with the implementation of a witness protection plan, then certainly investigations will continue.
“Some of them are overseas and complicate the issue…we don’t know if there are extradition treaties with those countries they are living in, all of that complicates the issue.”
He said many investigations have been placed on the back burner as witnesses are uncomfortable going public.
With the enactment of the Witness Protection Bill, a Witness Protection Programme will be established for the protection of witnesses who give evidence in the courts of Guyana. “The legislation would ensure protection of witnesses and their families against intimidation and/or physical harm during and after their involvement in court proceedings,” Minister Trotman said.
Over the years, the protection of witnesses in criminal matters has been a troublesome issue and resulted in a number of high-profile cases being thrown out of court due to lack of witnesses.
The legislation is expected to establish safe houses, the granting of assistance to participants and the provision of new identities where necessary.
Meanwhile, in the case of former Finance Minister Dr Ashni Singh, Minister Ramjattan said the situation has become complicated. He explained that he had written the Director of Public Prosecutions while in opposition on his alleged illegal spending of $4.5B from the Consolidated Fund and was told that the minister cannot be charged under the existing law.
“…all of these are hurdles we have to cross. They are saying that in the Act only officers within the ministry could be charged, not a minister. We do have hurdles… these are some of the things we have to go over because this is a rule-of-law country- it is governed by rules,” declared Ramjattan.
While in opposition, he had complained to the Guyana Police Force against the former Finance Minister over what he deemed to be the illegal spending of money from the Consolidated Fund. The matter was taken before the High Court by President David Granger while he was Opposition Leader and former Chief Justice (ag) Ian Chang had ruled that spending of the $4.5B was unconstitutional.