No way Ramotar – No evidence former President Donald Ramotar approved Red House lease
Guyana Lands and Survey Commission (GL&SC), Trevor Benn
Guyana Lands and Survey Commission (GL&SC), Trevor Benn

-GL&SC Commissioner says CJRCI was a trespasser

THERE is no documented evidence that Former President Donald Ramotar authorised and sanctioned the issuance of a lease of Red House to the Cheddi Jagan Research Centre Inc (CJRCI) as President, contrary to what he has said in an affidavit to the High Court.

This is according to Commissioner of the Guyana Lands and Survey Commission (GL&SC), Trevor Benn. In court documents seen by this newspaper, Benn noted in an affidavit as a respondent in the matter between the CJRI and the Attorney General and the GLSC, that once a file has been opened following an application, in accordance with the Land Department Act, all relevant matters must be recorded on the note sheets in the file and the relevant documents must be lodged.

However, he said that upon proper perusal of the commission’s files, there is “no formal evidence of any sanction of approval by the President of the day, President Ramotar.” In addition, Benn noted that no approval has been granted by any Head of State for the building to be leased by the CJRI within the past seventeen years. He said that advice from Minister of Education, Dr Rupert Roopnaraine, is that no approval was “ever given by any Minister of Education or himself “to lease the area for the past seventeen years.

Benn contended that on March 30, 2012 the said lease was purportedly entered into by Doerga Persaud, former Commissioner of GL&SC on behalf of the Government of Guyana and Senior Counsel Ralph Ramkarran, and another on behalf of the CJRCI under Section 10 (1) of the Lands Department Act, Chapter 59:01. He said the purported lease was stated to be for educational and research purposes and for a term of 99 years commencing from January 1, 2012 at an annual rate of $12,000 for the first three years.

The Stabroek News had reported that in an affidavit drawn by attorney Anil Nandlall, Ramotar had stated that at “at all material times, I was aware of, authorised and sanctioned the issuance of a lease of government land for educational/research purposes, number 3068, dated 30th of March, 2012, in respect of Area “A” now called Red House, comprising lots 65, 66 and 67 High Street, Kingston, situate in the City of Georgetown, County of Demerara, by the Commissioner of Lands and Surveys acting on behalf of the Government of Guyana and the Cheddi Jagan Research Inc…”

According to Benn, there was no formal agreement assigning control of Red House, although staff, utilities, repairs and renovation and restoration of the CJRCI were paid by the former government without approval. He said that acting on the advice of his attorney, Red House could not have been rented by the GL&SC, since it was under the umbrella of the National Trust. He said that the “purported lease” is null and that the CJRCI was “at all material times a trespasser “.

Benn said that in mid-December 2016, he informed President David Granger of the “purported lease” being null and according to him the Head of State informed him that the document cannot be kept as part of the records of the commission as a valid lease. He said the President subsequently ordered the lease to be cancelled. President Granger, late last year ordered that the controversial lease be revoked and that the occupants vacate the property. The decision had come one day after Attorney General, Basil Williams had issued a statement detailing the history of the CJRCI’s occupancy of the building and outlining that there was no valid lease agreement, as former President Bharrat Jagdeo had refused to approve at least two applications for the lease.

Chairman of the Management Committee of the Centre, Hydar Ally, subsequently moved to the High Court requesting Conservatory Orders to restrain or prevent the government from taking possession of the building; declared that the lease was valid and that President Granger’s revocation order was illegal.

The Attorney General, Basil Williams had later contended that the learned Chief Justice had no Jurisdiction to proceed with the matter, citing that an applicant, who goes ex parte to the Court has a duty to be candid with the Court and make full and frank disclosures of material facts within his knowledge. He said failure to do so gives the court the right to discharge any order made and refuse to deal with the merits of the matter.

According to the Attorney General, CJRCI failed to make full and frank disclosures of material facts in its application by way of Affidavit for Conservatory Orders when it concealed from the Court that President Donald Ramotar had approved the lease in 2012; that the lease being 99 years was not executed in the manner of a transport before the Court, e.g, was not published in the official Gazette; that the lease was not filed as record in the Registry and annotated and that Red House is a National Monument under the National Trust Act Chapter 20:03.

On March 24, the then Chief Justice (ag), Justice Yvonne Cummings-Edwards, ruled that the court has jurisdiction to proceed with the Red House court challenge, brought on by the CJRCI.

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