…fine-tuning 10 cases, probing another 50

DETERMINED to stamp out corruption here, the State Assets Recovery Agency (SARA) said it will be moving to the court later this year recover assets stolen from the state.

Director of SARA Professor Clive Thomas, broke the news to reporters Friday just before the commencement of his agency’s “corruption is everybody’s business” walk along Camp Street, Georgetown. Professor Thomas explained that SARA is concerned mainly with civil recovery and not with the sentences persons receive for their criminal acts.

He stressed that it is SARA’s role to retrieve stolen state assets. In this regard, he said, “SARA is intending to take court action at the beginning of the fourth quarter of this year. That is a definite commitment that we have made.”

Professor Thomas explained that cases are being prepared and he expects that by the third quarter his entity will be placing specific focus on approximately 10 of approximately 60 cases being investigated. “The cases are in the process of preparation. They may not all be held in the courts of Guyana…so the court cases will start in the fourth quarter of this year,” he said, noting that some cases involve multiple individuals.

“We have well over 50-60 cases that we are looking at now. Beginning at the start of the third quarter we are hoping to focus on about 10, because part of the international commitment we have depends on the value of the cases and we have to make a certain target value.”

He continued: “They have to be above a certain figure for the cases to proceed overseas; to make it worthwhile for the agencies to proceed with the cases.” The Director of SARA reminded that the local legislation dictates that Guyana can only proceed to recover assets in cases that involve more than G$10M, but was quick to note, that sum cannot suffice abroad. “…but that is chicken feed overseas but we have to get cases at least asking the courts overseas to deal with at least US$10M.”

He made it clear that in going abroad to retrieve state assets; SARA is looking at bank accounts, money and financial instruments. However, locally, some cases involve the retrieval of lands. “Some cases are already in the criminal court but they have a civil dimension to them. Pradoville is a criminal case but it has a civil dimension,” Professor Thomas told reporters.

Meanwhile, Professor Thomas expressed disappointment with the opposition People’s Progressive Party’s (PPP) decision to shun the its anti-corruption awareness campaign and walk. Opposition Leader Bharrat Jagdeo was invited by SARA to be part of the anti-corruption walk Friday, but he declined.

Jagdeo through Opposition Chief Whip Gail Teixeira described the walk as a “mere smokescreen” to detract from what he believes to be grave violations of constitutional and statutory provisions. However, in a response issued earlier Friday, SARA’s head noted the complaints made by Opposition Leader Jagdeo through Opposition Chief Whip Gail Teixeira. He made it clear that his agency does not and cannot initiate investigations without first receiving a complaint.

Professor Thomas said too that in keeping with international best practices, processes designed to ensure transparency, fairness and legal appropriateness, his entity can only work with complaints lodged. “SARA does not and cannot pursue criminal cases or put individuals in jail. This is the purview of SOCU, the DPP, and the Guyana Police Force. SARA’s mandate is to recover state assets through civil recovery and not through criminal recovery,” Professor Thomas noted in response to Jagdeo.

He noted too that he has seen many accusations in the media about a permanent secretary who had over $20B passing through his bank accounts, but has not investigated same because it is a criminal matter.

When speaking with reporters, the SARA head made it clear that there has never been a case pursued that was not referred to the agency either by another criminal agency, the Special Organised Crime Unity (SOCU), the Director of Public Prosecutions (DPP), the police or a government department.

He explained that individuals too can make complaints, but caution must be taken in such cases as there is the potential that false accusations could be made against others, in an attempt to deliberately malign or create mischief.

“We can’t take an allegation of theft as anything more than an allegation. We have to have some preliminary discussions and evaluation of that. That is the best practice internationally, and that is what we do.” Professor Thomas disclosed too that the functions performed by SARA can be done by private firms. He explained that in London, a Bill was passed where any legal firm or accounting firm can seek to recover state assets.

He reminded media operatives that corruption is the fastest growing crime globally and is the least crime for which people are convicted. The SARA head stressed that the agency is an independent, autonomous agency and operates according to international principles and conventions.

The SARA Bill he said, was passed in Parliament and was developed with the help of experienced international experts, including the UNStAR Initiative which comprises both the United Nations Office of Crime and Drugs (UNODC) and the World Bank.

He said too that the constitutionality of the powers vested in the Head of SARA was widely reviewed by the United Nations, international and domestic legal scholars, retired judges, international organisations and anti-corruption agencies around the world.