…legal expert cites precedent, says charges bogus

THE Director of Public Prosecutions (DPP) has the power to discontinue the private criminal charges filed on Thursday against two sitting ministers of government, with a top legal luminary describing them as bogus that have not been supported by any investigating procedure.

The legal luminary asserted too that the DPP must act now to protect her constitutional office and the integrity of the justice system from “this wanton abuse of the court system.” Under the Constitution, the DPP can discontinue at any stage before judgement is delivered, any criminal proceedings instituted or undertaken by him or her or any other person or authority. Over the years, the DPP had discontinued a number of cases that were filed privately.

On Thursday, Anil Nandlall led two of his colleagues in the Georgetown Magistrates’ Court to swear to the information in the charges against Public Health Minister, Volda Lawrence and Minister of Social Cohesion, Dr George Norton. However, the legal luminary said it is clear that the PPP, hurt by the court action against Dr Ashni Singh and Winston Brassington, is trying to get even with the government. “This is a bogus charge motivated by the hurt they are feeling, but these charges they have brought have no legal basis,” the legal official said.

It was argued that, in the case of the charges against Dr Singh and Brassington, they arose out of a lengthy process which started with forensic audits, then investigations by the Special Organised Crime Unit; a review of the case by the Police Legal Adviser and then advice from the DPP. “This clearly shows that a process of criminal investigation was involved. I am not sure what was involved in the PPP arriving at these charges against ministers Norton and Lawrence,” the legal expert said.

The private charges against Ministers Lawrence and Norton are in relation to a $605M drug purchase and the rental of the Sussex Street Pharmaceutical Bond respectively. Opposition Member of Parliament, Juan Edghill and Vickram Bharrat swore to the charges before Chief Magistrate Ann McLennan at the Georgetown Magistrates’ Court.

Meanwhile, over the years the DPP has nolle prosequied criminal charges brought against officials of the state. One of the most famous being in 2002 when Working People’s Alliance (WPA) executive member, Eusi Kwayana, in his capacity as a private citizen, initiated criminal action against then Senior Superintendent Steve Merai of the Anti-Crime Unit or ‘Black Clothes’ for the murder of Buxton resident, Shaka Blair on April 6. Kwayana had sworn to the information before a magistrate at the Cove and John Magistrate’s Court on April 16, 2002. However, the then DPP, Denis Hanomansingh had written the court instructing that the charge be set aside.

The current DPP Shalimar Ali-Hack also had advised against criminal charges being instituted against Nandlall when he had allegedly made threatening remarks during a telephone conversation with a Kaieteur News reporter. The DPP had also advised against criminal charges against Ashni Singh as a sitting minister when the then Alliance for Change (AFC) Leader, Khemraj Ramjattan, had filed a complaint with the Guyana Police Force against him over the alleged illegal spending of some $4.5B from the coffers.

For its part, the Guyana Police Force then had said that matter was not a matter for its ranks to investigate. The police explained that breaches of the Laws of Guyana can be criminal breaches, breaches under the civil jurisdiction, or administrative breaches; adding that the police force is obligated to investigate criminal breaches only and does not conduct investigations into civil breaches nor administrative breaches, except for those related to the Police (Discipline) Act Chapter 17:01 regarding the conduct of its ranks.

“The Guyana Police Force is of the opinion that the section of the Law that it is alleged was breached by Dr. Ashni Singh addresses administrative issues and is therefore an administrative breach,” a statement from the police had pointed out. Ramjattan, now Minister of Public Security, had lodged a complaint with the police after it was discovered that the minister spent the money without prior parliamentary approval; monies the then opposition had disapproved during the 2014 budget.