— Justice Singh tells CoI into alleged assassination plot

POLICE Legal Advisor (PLA), retired Justice Claudette Singh on Wednesday made it clear that in providing legal advice to the Major Crimes Unit ((MCU) in the alleged plot to assassinate President David Granger, she was impartial and formed no personal opinions.

Justice Singh appeared before the Commission following a request made by attorney representing the interest of Police Commissioner, Seelall Persaud, Glenn Hanoman. Hanoman had argued that Justice Singh was critical to charges not being laid by the police and should be placed in the witness box.

Justice Singh who served as a judge for 20 years and worked at the Attorney General’s Chambers for the past 13 years, has been serving as PLA since 2014.
She told the Commission led by retired Assistant Police Commissioner, Paul Slowe, that there were clear challenges in the investigation to the fact that accuser, Andriff Gillard’s story was reported some 21 months after the allegation occurred and was done only in the presence of Gillard and the accused, Nizam Khan.

As such, it was difficult to arrive at a definitive position in the matter.
Singh, who was questioned by the Commission’s attorney James Bond, said the evidence presented for the most part was tenuous, thereby resulting in no charges being laid.
“I found the evidence tenuous, I could not on the state of the evidence… say Gillard was lying or Khan was innocent… I could not in all honesty advise anybody to be prosecuted because of the state of the evidence,” she said.

Justice Singh disclosed in her testimony that the police were advised to look at the offence of incitement to commit murder for Nizam Khan, while giving false information to the police was being explored in the case of Gillard.
She, however, made it clear that the evidence presented to her was thoroughly examined as she could only act based on that which was presented to her in the police file.

NOT CONSIDERED
The PLA said the offence of treason was not considered, as her understanding of the term is when a foreign state invades Guyana, or anyone attempts to overthrow the government.
“Well, I was looking at the word treason, but I am not of the view that it would be treason.”

Bond pointed to May 16, when she gave advice and indicated that there was nothing to suggest that Gillard’s story was a complete fabrication.
“I was thinking in relation to credible evidence because there was Leon Baldeo who came up and I had some difficulties with Leon Baldeo… from the nature of the allegation, I gathered it was just Gillard and Nizam Khan, therefore when Mr Baldeo came, I paid special attention to his statement because he is saying on the 26th march…Gillard went to police on the 29th…so why did Gillard not tell the police someone else was there…so that gave me some problems.”

Baldeo told the Commission that Gillard offered him $50,000 to state that he heard Khan offering him $7M to kill the President. Gillard has since denied the allegation.
Meanwhile, the PLA said she did not believe the investigation was more focused on discrediting Gillard rather than finding or giving a total picture of what may have transpired.

“Not in my view…. Although it would so appear, I think the police were looking at the investigation as a whole, when they came to me that is how it came over…” The PLA said she was looking for evidence that would have corroborated Gillard’s story and was not at any point “condemning anybody”.

“I had an open mind on the investigation,” she assured. She made it clear that the advice given to the police of the Major Crimes Unit was based on the files presented to her.
“I won’t know what they were doing outside… I advised them from the time the file came to me,” she said, adding that Crime Chief Wendell Blanhum told her of the challenges experienced by his team of investigators.

Bond then asked, “Would you say all the advice you would have given, or instructions conveyed to the police officer, were carried out in full or in part?”

PLAYED NO ROLE
Justice Singh answered in the affirmative and was quick to point out that she had no role to play in the granting of bail to the duo.
“I was not involved in that stage; I first heard it when Mr Ramnarine came here…” she stated while adding that advice was never sought on the matter.

Attorney Hanoman also questioned Justice Singh on the issue of granting bail and it was then that she reiterated that she was not involved in the initial stages of the investigation.
In fact, the PLA made it clear that she became involved in the matter on April 12 when the police file was placed before her.
Notwithstanding, Hanoman asked the PLA to give her legal opinion on the granting of bail.
“I don’t know anything about bail and I do not deal with bail in the Police Force, so I cannot go into that area,” she maintained.

However, as the attorney continued his line of questioning, the PLA agreed that it would be a good investigative tactic to grant bail so as to conduct surveillance activities of the parties involved.
The police were advised at one point to shelve the investigation, as information was not forthcoming pertinent to the investigation. Confrontations needed to be done between Leon Baldeo and Gillard with the hope of obtaining an admission for those involved.
She accepted that the police had difficulties in having integral players in the investigation turn up for confrontations.

Shortly after, she advised the police to keep the investigations open just in case somebody came forward with valuable information.
“You did not instruct the police on any aspect of the investigation that they should perform… things they should do to continue the investigation? You agree?” asked Hanoman.

“No. I didn’t direct them… they know what they have to do…they are the investigators and they would know what to do…” said Justice Singh while making it clear that she gave advice to the police in relation to the confrontation.

Justice Singh was also questioned by attorney representing the police, Ian Chang, and Commissioner Slowe. Attorney representing Imran Khan, brother of accused Nizam Khan, Christopher Ram passed on the opportunity to ask questions.