THE charges brought against Minister of Public Health Volda Lawrence and Minister of Social Cohesion Dr George Norton, who served as Public Health Minister are likely to be disallowed by Director of Public Prosecutions (DPP), Shalimar Ali-Hack.

The duo has been charged with misconduct in public office contrary to the common law. Former Finance Minister Dr Ashni Singh and former Head of NICIL, Winston Brassington, were charged by the Special Organised Crime Unit (SOCU) for misconduct in public office, contrary to the common law.

This is the view of Ralph Ramkarran, SC, who in his weekly blog published on www.conversationtree.gy  described the move to charge the government ministers one week after Dr Singh and Brassington were charged in absentia as “Tit-for-tat politics have arrived with a vengeance.”

Ramkarran said, “It is hardly likely that the charges against the Ministers of Government will be allowed by the director of public prosecutions (DPP) to stand. No doubt, the director will enter a nolle prosequi, which in effect would mean withdrawal of the charges.”
“This is likely to occur before April 24, so as to ensure that the ministers do not have to suffer the potential indignity of having to appear in court and sit in the dock while the charges are read to them,” said Ramkarran, a former Speaker of the National Assembly.

He explained that after the charges are withdrawn, Ali-Hack will have to answer to the claims that are likely to be made on behalf of Dr. Singh and Brassington in legal proceedings as to why the charges against them should proceed, while the charges against the ministers were not allowed to proceed.

“A whole host of difficult legal questions will emerge which the director (DPP) will be forced to answer; and it is possible that the answers might not be legally sustainable,” said Ramkarran, who noted that the “conflict between the two major political parties have now entered into a new, more intense and more bitter phase.”

He said the move was from the exchange of hostile words, to the possibility of imprisonment of persons who were especially close to former President now Opposition Leader, Bharrat Jagdeo.

Ramkarran recalled that the last time such occurred was more than 50 years ago when the British imprisoned without trial several members of the PPP at Sibley Hall, which continued under the PNC-UF Government after it took office in 1964.

However, he noted that when the PPP took office in 1992, after 28 years of PNC rule, it not only adopted a policy of ‘no recrimination’, but also abolished that part of the National Security Act that allowed detention without trial.

FIGHT MUST BE ADVANCED
“It will no doubt be seen by the opposition and its supporters that the threat of imprisonment as a political weapon has returned,” the senior counsel opined, while stressing that the fight against corruption against “blatantly criminal acts” must advance. He warned however that where the fight against corruption is seen as politically tainted, the consequences would be dire.

Charges against former Finance Minister under the People’s Progressive Party (PPP) administration, Dr Ashni Singh and Chief Executive Officer (CEO), National Industrial and Commercial Investments Limited (NICIL), Winston Brassington on April 12, 2018, were filed for three counts of misconduct in public office, contrary to the common law.

The duo is required to appear before Chief Magistrate Ann Mc Lennan to answer to three charges of misconduct in public office, contrary to the public law on May 7. According to the charges filed by the SOCU, Dr Singh and Brassington “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 “without due diligence” sold to Scady Business Corporation state land, located at Liliendaal, ECD amounting to 4,700 acres, for the sum of $150,000,000 knowing that the said property was valued at $340,000,000 by Rodrigues Architects Associate.

While the final charge alleges that Dr Singh and the former NICIL CEO “acted recklessly” when they sold to Multi-cinemas Guyana Inc. 10, 002 acres of state land located at Turkeyen, ECD, for the sum of $185,037,000 without first having procured a valuation of the said property from a competent valuation officer.

One week after, attorney representing Dr Singh and Brassington, Anil Nandlall, filed private criminal charges against two sitting ministers of the coalition government. He has also written the DPP requesting that she review the charges and withdraw same.

“The APNU+AFC police has charged PPP supporters and the PPP has struck back by charging APNU supporters. The charges against former members of the past PPP/C administration will be seen as a political vendetta and will kill any possibility of movement towards a political solution,” said Ramkarran in his blog.

A SURPRISE
The attorney said the announcement of charges against Dr Singh and Brassington came as a surprise, given the length of time before charges were brought. “…the charges were no longer expected. The public had grown suspicious that the allegations of corruption against the past PPP/C government appear to be unfounded. The commissions of inquiry had produced little and investigations dragged on.”

Ramkarran said too that the government “surprised the public by finally making good its threats by charging two of the most prominent officials of the last government.” He noted that the government’s promise that more persons would be taken to court for corruption, the opposition changed its tone from gleefully claiming that the talk about corruption was “mere propaganda” to “sharp criticisms of persecution.”

In response to the charges laid against Dr Singh and Brassington, it appears that the PPP has taken a decision to respond in like fashion.
“At the time of writing, the defendants have not been served with the charges because they were alleged to be not available. They would only be required to appear in court if they are served,” said Ramkarran.

It is alleged that Lawrence, while performing the duties of Minister of Public Health between January 16, February 16, 2017 “wilfully misconducted herself in a way which amounted to an abuse of public trust without reasonable excuse or justification, when she authorised or caused the unapproved single-sourcing and purchase of drugs and medical supplies for the Georgetown Public Hospital Corporation, in the city of Georgetown from ANSA McAL Trading Limited… for the excessive sum of $605,962,200”.

The charge against Dr. Norton, however, alleges that while “performing the duties of Minister of Public Health of the Government of Guyana, June 1, 2016… wilfully misconducted himself in a way which amounted to an abuse of public trust without reasonable excuse or justification, when he authorised or caused the rental of the property known as and situated at 29 Sussex Street, Albouystown, in the city of Georgetown from Linden Holdings Incorporated… for the sum of $12,500,000 exclusive of VAT, per month, by way of a written Agreement of Tenancy at an excessive rate of rental”.

Government immediately responded via Minister of State Joseph Harmon who said the opposition is “clutching at straws.” Harmon in an interview with the Ministry of the Presidency’s Public Information and Press Services Department described the charges against his colleague ministers as frivolous and represented a clear attempt to tarnish the reputation of the duo.

“These talks of corruption are without any proof and the opposition is now seeking to grab at straws… The security agencies, the Police Force and so on have their work to do and when they find as they have been doing, evidence of corruption, evidence of malfeasance and they will take the necessary steps,” Minister Harmon said.

The minister of state contended that the charges brought by the PPP MPs is a strategy aimed at tying the government ministers up in court, so that government can be distracted from its development agenda. On Saturday, Attorney General and Minister of Legal Affairs, Basil Williams, SC described the move by the opposition as “malicious”.

“To countenance partisan, political, private criminal charges coming out of Freedom House is a recipe for returning Guyana to the status of a failed narco-state as it was under Presidents Jagdeo and Ramotar,” Williams stated.
But Ramkarran views the response by the government as “hostile”.