FORMER Permanent Secretary in the Ministry of Legal Affairs, Melissa Tucker had told the Audit Office that the alleged pact between Former Attorney General, Anil Nandlall and former President, Donald Ramotar, regarding the purchase of law books for the former personal use was a “flagrant breach” of the Fiscal Management and Accountability Act (FMAA). And it was the new PS, Delma Nedd, who triggered Monday’s action by SOCU after writing the Commissioner of Police, Seelall, requesting an investigation into the matter.

Tucker had made the comments in her response to the Auditor General’s findings into the books. The Auditor General in its conclusion had said that the Commonwealth Law Books acquired by the ministry were not subject to storekeeping procedures and were not required, since they were part of his condition of service. However, the then Permanent Secretary, Tucker, made it clear that the ministry was never preview to any condition of service for Nandlall, which included the purchase of law reports.

Tucker said the “the alleged agreement between the former AG and former President Ramotar circumvents the procedural accountability of the Budget Agency that is governed by the Stores Regulations 1993 and the FMAA 2003.” She added that the purchase of the law books, using public funds for Nandlall’s personal use was, “A flagrant misuse of public funds. Property bought with public funds by the ministry ought to remain the property of the ministry,” Tucker stated.

She said, “The ministry feels compelled to remind you (Auditor General) that according to FMAA: Public money means all money belonging to the State, received or collected by officials in their capacity or by any person authorised to receive or collect such money.” In addition, Tucker stated that Section 48 of the FMAA, which speaks of the misuse of public funds, provides that: “A minister or official shall not in any manner misuse, misapply, or improperly dispose of public money.”

Nandlall was arrested by the Special Organised Crime Unit (SOCU) on Monday and questioned about the books. He stated that the books are in a house, but the keys to the property are being held by a relative who is overseas. Meanwhile, PS Nedd had written the Police Chief on April 21, 2017 informing him that her ministry was issued with the results of the Special Audit Report and written response as is required under section 27 of the Audit Act 2004, which reported among other things, that 14 Commonwealth Law Reports valued in excess of $2.8M, bought with state funds were removed from the ministry without lawful authority by Nandlall. This Nedd told the Commission was a violation of the Government Stores Regulations 1993 and the FMAA Act, 2003.

Additionally, the audit had found that the books were not subject to storekeeping, according to Section 18 of the Stores Regulations 1993, which states, “All goods purchased shall be taken to the store and shall be subject to storekeeping procedures outlined in these regulations.”

Stating that the ministry had no evidence of the agreement between Nandlall and Ramotar, Tucker said that, “Even assuming that there was such an agreement, the use of public funds in this manner is against the FMAA.” She added that in respect to one law book valued $174,498 purchased on March 18, 2015, it was received by the Permanent Secretary on June 2, 2016 and was placed in the library.