–AG says DPP did right thing to throw out PPP private charges

ATTORNEY General and Minister of Legal Affairs, Basil Williams, SC. on Monday lauded the decision of Director of Public Prosecutions (DPP) Shalimar Ali-Hack to discontinue private criminal charges against Ministers of Public Health and Social Cohesion, Volda Lawrence and Dr George Norton, respectively.

Williams said that the decision made by the DPP represents “a good day for justice” here. He said, “I think she (DPP) did the right thing” while accusing the PPP of “political grandstanding”.

The DPP’s decision was handed down Monday following a call by the Attorney General for the charges to be reviewed. In a statement issued to the media the DPP made it clear that the charges ought to have been reported to the Police first for an investigation to be launched then advice sought from her office.

“These charges concern a grave issue under the criminal law in relation to two serving ministers. In the interest of good governance in the State of Guyana such allegations ought first to have been reported to the Guyana Police Force for an investigation to be launched and the advice of the DPP sought,” the DPP stated.

The two ministers were charged with Misconduct in Public Office, contrary to the Common Law and the private criminal charges were filed last Thursday by former Attorney General under the People’s Progressive Party (PPP) administration Anil Nandlall on behalf of that party’s Members of Parliament Juan Edghill and Visram Bharat.

The two parliamentarians 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”.

It should be noted that the Public Procurement Commission (PPC) had cleared the Public Health Minister of any wrongdoing. Meanwhile, 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”.

The charges laid against the two ministers came one week after the Special Organised Crime Unity (SOCU) would have instituted criminal charges on three counts of misconduct in public office, contrary to the common law against former Finance Minister Dr Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL) Winston Brassington for the sale of state assets at lower prices than valued.

However, on Monday, Williams SC. told Guyana Chronicle that by virtue of the Constitution, the DPP has the power to keep that balance and is a very important person in the maintenance of peace, order and good government. “So you have a situation where somebody comes out of a political house and comes and files some private criminal charge and it is entertained. There is no evidence,” the Attorney General declared. He said evidence is critical in the making out a case against the two sitting ministers.

He reminded that while in government, and allegations were made against the then PPP government, opposition members were called upon to “bring the evidence”. “So, I am surprised that they actually went to the court swinging empty hands. They ought to have gone to one of the investigatory agencies of the state the police or SOCU (Special Organised Crime Unit) and take the evidence to them.

They can’t just look at two sitting ministers and just make whimsical and capricious allegations unsupported by evidence. I think the DPP must be applauded,” said Williams.
Asked whether he believes the three additional charges filed by the opposition Members of Parliament would also be discontinued, Williams responded in the affirmative. Three charges were filed against Minsters of Finance, Public Infrastructure and Public Service, Winston Jordan, David Patterson and Dr Rupert Roopnaraine. Jordan and Patterson are accused of “wilfully misconducting themselves in a way which amounted to an abuse of public trust without reasonable excuse or justification” when they paid or authorised to be paid the sum of $906,000,000 to Homestretch Development Incorporated and contractors engaged by the said company for works done at Durban Jubilee Park without any procurement process.

On the other hand, Dr Roopnaraine is accused of wilfully misconducting himself in a way which amounted to an abuse of public trust without reasonable excuse or justification by acting as a Director of Homestretch Development Incorporated when the said company received $906M for works done at Durban Park. Williams opined that the move by the PPP MPs amounts to “political grandstanding”. “If you have evidence go and give it to the police, go and give it to SOCU, SARA (State Assets Recovery Agency). It is clear they don’t have evidence and all they try to do is denigrate and libel and try to lure people…”

MAGISTRATE MUST BE VIGILANT
The Attorney General disclosed too that like the DPP, the Magistrate acts as a filter to the judicial process. He noted that the DPP would not have been aware of the charges being filed against the two ministers. “She (the magistrate) also has the duty to interrogate what they are bringing to her. They go to her, they don’t lay over any evidence, no statement nothing and I think the DPP did the right thing,” Williams stated while noting that Guyana is an orderly society.

“You have an allegation, you go and make a complaint to the relevant authorities and they process and take it to the DPP. It would be tantamount to having some jungle jurisdiction if the law were allowed to operate in this manner,” the Attorney General declared.

Government had deemed the charges laid by the opposition MPs as malicious and said it represented an aberration to the Rule of Law, an insult to good governance and an abuse of the process of the Court to allow unsubstantiated recourse to the justice system based solely on “malice, whim and caprice and no evidence of criminality on the part of the Ministers”.