DIRECTOR of Public Prosecutions (DPP) Shalimar Ali-Hack was on Tuesday called upon to review and discontinue charges laid against former Finance Minister Dr Ashni Singh and former National Industrial and Commercial Investment Limited (NICIL) Chief Executive Officer (CEO), Winston Brassington.

The duo have been charged with three counts of misconduct in public office, contrary to the common law. “I respectively invite a review of the said charges for the purpose of specifically considering whether the particulars of the offences disclose any offence at law, more particularly, the offences for which the accused persons have been charged and if not, I further invite you to consider exercising the powers vested in your office by Article 187 of the Constitution of the Cooperative Republic of Guyana and to discontinue the said charges, forthwith,” said Nandlall in a letter dated Tuesday, April 17, 2018 and addressed to Ali-Hack.

Dr Singh and Brassington who both reside overseas were last 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 common 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.

Last Thursday, when the matter was called, the charges were not read by the chief magistrate because the accused were not before the court. The matter has since been adjourned to May 7, 2018. Meanwhile, Nandlall in his missive reminded the DPP that her office has a constitutional responsibility to protect the citizenry against the institution of criminal charges that are based “on malice, mala fides, ulterior or sinister motives and vendetta and or from charges that cannot reasonably yield a lawful conviction.”
The two former public officials were charged by Information upon oath and Corporal Munilall Persaud of SOCU swore to the evidence submitted before the court. 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.