–‘Rambo’ says, once it can be proven he exceeded his mandate as president

THE jury is still out as to whether charges will be brought against Opposition Leader Bharrat Jagdeo for using his office, while he was president, to allegedly violate citizens’ rights.

The matter at reference is the perception abroad that it was he who caused false charges to be brought against former officials of the New Building Society (NBS), among them the former Chief Executive Officer (CEO) Maurice Arjoon, and the reason that the agency has had to pay out millions of dollars in damages and unpaid benefits.

Arjoon recently won his case against the NBS for wrongful dismissal, and was awarded $59M, out of $79M, which sum was to have been immediately handed over by the financial institution.

The matter was raised with constitutional lawyer and former presidential advisor, Raymond Gaskin, and he is of the view that it may very well happen; that the former president could be charged, once there is evidence to prove that he did do the things he is being accused of doing.

Gaskin went on to explain that while the Constitution protects the head-of-state in the functions of his duties, Constitutional impunity does not protect him where he is found to have acted outside of his duties.

“The impunity clause does not protect the president if it is found that he engaged in illegal behaviour, or engaged in deliberate unlawful actions,” Gaskin said.
“Impunity speaks to the president being engaged in the lawful execution of his duties; something can happen; someone died or something like that,” he added.

But to back up a bit, Gaskin told the Guyana Chronicle that it all started when the last administration was looking for investors for the Berbice Bridge.

He was hired by the NBS, he said, to do a feasibility study on the project in terms of whether it would be a wise investment or not for the company to make.

Gaskin said that based on his research, he advised the NBS in his report to stay away from the bridge, since there were not enough investors supporting the project, and the likelihood of them not being able to recover their money.

According to Arjoon, the former president had wanted NBS to invest more than $2B in the Berbice Bridge, but because as the then CEO, he refused to go with the programme, since he believed that the project was not financially feasible, he was being victimised.

Gaskin said that the vote to lend the Bridge the money was three to three, with Arjoon having the casting vote.

But after reading the report he had submitted, he said Arjoon voted against lending the money.

His doing so, Arjoon told the court, saw a campaign started against him and some NBS managers, whereby they were disgracefully dismissed, and accused and charged of trying to swindle the company of almost $70M.

Gaskin is maintaining that if Arjoon’s claims could be proven, that is, that the former president used his office and ordered the dismissal and subsequent harassment of the NBS officials for not fulfilling his bid, then it would show that Jagdeo acted outside of the “lawful execution of his duties”, and he could be charged.

Constitutional lawyer, Teni Housty told the Guyana Chronicle that to bring charges against a president can hinge upon several factors, among them the ability to prove that the head-of-state would have intentionally used his office for means outside of his duties.
The lawyer referred to Articles 138 through 149 of the Constitution where citizens’ rights are declared.

He said that even if this were the case, the citizen would have to file a suit against the State. “Once the State or organ of the State violates those fundamental rights mentioned in the Constitution, the State or Attorney-General will answer.”
Court Marshals and members of the police force had cause to descend on NBS last week after the company had failed to pay Arjoon what was rewarded by the court.
This caused a standoff between the Bank and law enforcement, whereby bank managers and internal security personnel were arrested.