— in three weeks after being charged for alleged misconduct

FORMER Finance Minister under the People’s Progressive Party (PPP) administration, Dr Ashni Singh and former National Industrial and Commercial Investment Limited (NICIL) Chief Executive Officer (CEO) Winston Brassington were on Thursday given three weeks to appear before Chief Magistrate Ann Mc Lennan.

The two are required to answer to three charges of misconduct in public office, contrary to the public law.
The charges were filed by the Special Organised Crime Unit (SOCU). SOCU said investigators have been trying since 2015 to communicate with the duo but to no avail.
Meanwhile, the charges were not read by the Chief Magistrate when the case was called Thursday morning as the accused were not before the court.

Both Dr Singh and Brassington reside and work abroad. Notwithstanding, a witness, Corporal Persaud swore to the evidence submitted before the court.
Special Prosecutor Michael Somersaul requested that the case be adjourned until May 7, 2018, thereby giving the accused enough time to present themselves before the court.
“They are not in the jurisdiction… I would like to ask for a return date which will give them enough time to be present,” Somersaul requested.

When the matter was called before the Chief Magistrate, Dr Singh’s attorney Anil Nandlall was notably absent. However, some 10 minutes after the case was adjourned, Nandlall arrived at the court where he was briefed on the morning’s proceedings. Brassington is being represented by retired judge, Stanley Moore.

According to information sworn under oath, Dr Singh and Brassington on Monday, December 28, 2009 by way of an agreement of sale and purchase “acted recklessly” when they sold to National Hardware Guyana Limited, lands amounting to 103.88 acres, property of the State for the sum of $598, 659, 398 (vat exclusive) without first having procured a valuation of the said property from a competent valuation officer.

The second charge alleged that the duo on Tuesday, December 30, 2008 by way of agreement of sale and purchase “without due diligence” sold to Scady Business Corporation, land located at Liliendaal, ECD amounting to 4,700 acres, also the property of the State for the sum of $150,000,000 knowing that the said property was valued at $340,000,000 by Rodrigues Architects Associate.

The final charge alleges that the former finance minister and NICIL’s CEO on Saturday, May 14, 2011 by way of agreement of sale and purchase “acted recklessly” when they sold to Multi-cinemas Guyana Inc. 10, 002 acres of land located at Turkeyen, ECD, property of the State for the sum of $185, 037,000 without first having procured a valuation of the said property from a competent valuation officer.

BIZARRE
Speaking with reporters after the adjournment of the case, Dr Singh’s lawyer, Nandlall described the charges as “bizarre”.

“These are bizarre and very strange charges. None of these charges can succeed, none! And I hope the State would be ready to pay the civil compensation suits and damages that would be awarded for the destruction of people’s character and professional reputation,” said Nandlall, a former attorney general under the PPP.

He said based upon instructions received from his client whom he was only able to correspond with Wednesday night, “these plots of land or these sales were authorised by a board that governs NICIL. They received the approval of the Privatisation Unit that has the mandate to privatise property and these sales were all approved by Cabinet and therefore by the Government of Guyana.”

The attorney said he is unable to see evidence of wrong doing on the part of his client and Brassington. “Where is the criminal conduct? If persons are going to be charged for decisions that they make in government then we are going down a dangerous road.”
Nandlall said too that based on information received from his client, the land sold to National Hardware was the subject of a public tender. National Hardware submitted the highest tender, he stated.

“What wrong did Ashni Singh commit? What wrong did Brassington commit? Which law did they violate? The offence of misconduct in public office is not even known to the laws of Guyana; we have to research to see if that is even a criminal offence,” remarked the attorney who accused the coalition government of embarking on another spate of witch-hunting.

WILLINGNESS TO COOPERATE
The attorney explained that his client is out of the country, and as such, he is unable to report on the arrangements to be made for his return to Guyana. He noted too that his client and Brassington through their lawyers had written to the Special Organised Crime Unit (SOCU) indicating their willingness to cooperate but “no one made contact with us during these investigations”.

Nandlall argued that there was no participation by the accused duo in the matter and made it clear that that is not the way investigations are to be conducted. He told reporters that he is awaiting instructions from his client on the way forward.
He noted that his client’s livelihood is being threatened as he is employed at an international financial institution overseas. “When this charge hits the international media, more likely than not, he will be forced to resign.”

Meanwhile, retired judge Stanley Moore, who is representing Brassington told reporters that he has several concerns. Among them is the fact that charges have been brought against his client.

“My immediate concern is to see the defendants get a fair trial within our judicial system and that they would be allowed to put their defence fully and the State would be charged with the burden of ensuring that they prove elements of the charge which they have brought,” said Moore who noted that his client will be answering the charges so as to vindicate his innocence.

Brassington in December of 2015 had said he was willing to undergo public scrutiny in the courts of law, maintaining that he is a man of integrity.
One of the forensic audit reports on the operations of NICIL suggests that under the PPP administration, NICIL engaged in malpractices, and had made poor decisions on behalf of the people of Guyana.

The audit which was conducted by former Auditor General Anand Goolsarran had recommended criminal and/ or disciplinary action against all those responsible for the interception of State revenues totalling $26.858B, in violation of the constitution. Goolsarran had said that several laws were broken.

Brassington had left Guyana in December 2015 and was said to be living in Florida, where he reportedly operates a business.