— urges fairness in cases against ministers, Dr Singh and Brassington

THE People’s Progressive Party (PPP) on Sunday said it expects Director of Public Prosecutions (DPP) Shalimar Ali-Hack to act fairly and non-discriminatory when assessing requests made for a review of criminal charges laid against current and former ministers of government.

“Whatever actions the DPP takes, the PPP expects it to be fair, even-handed and non-discriminatory,” the PPP said in a statement.

The Special Organised Crime Unit (SOCU) had filed criminal 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 for three counts of misconduct in public office, contrary to the public law on April 12, 2018.

The duo has been accused of selling three plots of land at costs outside that which was recommended by valuators.

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 procuring 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 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 procuring a valuation of the said property from a competent valuation officer.

Five days after, attorney representing the duo, Anil Nandlall, wrote the DPP requesting that the charges be reviewed and discontinued.

“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, have been given three weeks to appear before Chief Magistrate Ann Mc Lennan. They are to make a court appearance on May 7, 2018.

Last week, Nandlall, a former attorney general who described the charges against his clients as “bizarre,” filed private criminal charges on behalf of two PPP Members of Parliament against Minister of Public Health Volda Lawrence, and Minister of Social Cohesion and former Minister of Public Health, Dr George Norton.

MALICIOUS
The government ministers have been charged with misconduct in public office and abuse of public trust; a move which the APNU+AFC coalition government has deemed to be “malicious”. The ministers are to make a court appearance on Tuesday, April 24, 2018.

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”.

Lawrence was however cleared of any wrong doing by the Public Procurement Commission.
The charge against Dr Norton alleged 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”.

On Saturday, Attorney General and Minister of Legal Affairs, Basil Williams, S.C. called on the DPP to review the said charge.

“The government would expect no lesser treatment for the charges she (DPP) did not institute, lest the floodgates open to create a festival of private criminal charges even against the leader of the opposition,” said Williams, S.C.

He noted that establishment of the office of the director of public prosecutions (DPP) by the constitution empowers the holder of the office with total power over all prosecutions, whether initiated or undertaken by her or some other authority.

“If charges are initiated by others, the DPP can discontinue them if she so desires, or take them over and continue them,” Williams said, while explaining that the DPP has the “powers of quality control” over all prosecutions here.

He said the DPP, Shalimar Ali-Hack, also has a proactive duty to patrol the corridors of justice to ensure her domain is not polluted by “jaundiced interlopers”.

The attorney general stressed that there is no comparison between the cases where the DPP charged former Finance Minister Dr Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL) Winston Brassington for misconduct in public office, contrary to the common law and the private charges laid by Edghill and Bharrat.

However, on Sunday, the PPP said it notes the government’s expectation that the DPP would review the private criminal charges filed by PPP Members of Parliament (MPs) Juan Edghill and Vickram Bharrat against Ministers Lawrence and Dr Norton for Misconduct in Public Office Contrary to Common Law.

The party has also acknowledged the request made by Nandall to the DPP, for which a response is yet to be forthcoming.  “The PPP recalls that the DPP did not intervene when frivolous private criminal charges were filed against former President Bharrat Jagdeo two years ago, by Christopher Ram,” the statement said.  Ram had accused Jagdeo of making racial statements at a public forum at Babu John, Berbice.