DPP nixes second set of PPP charges
Director of Public Prosecutions, Shalimar Ali-Hack
Director of Public Prosecutions, Shalimar Ali-Hack

THE Director of Public Prosecutions (DPP) Shalimar Ali-Hack, has discontinued private criminal charges instituted against Ministers of Finance, Public Infrastructure and Public Service, Winston Jordan, David Patterson and Dr Rupert Roopnaraine respectively, for the offence of Misconduct in Public Office, contrary to the Common Law.

The DPP in letters dated April 23, 2018 and addressed to Chief Magistrate Ann McLennan and copied to People’s Progressive Party (PPP), Member of Parliament(MP) Juan Edghill said, “in pursuance of the functions of the Director of Public Prosecutions vested in article 187 (1) (c) of the Constitution of Guyana, I hereby inform you that the charge [s] instituted shall not continue against Dr. Rupert Roopnaraine (Winston Jordan and David Patterson) for the offence of Misconduct in Public Office, contrary to the Common Law.”

On Monday, three charges were filed against Minsters of Finance, Public Infrastructure and Public Service, Winston Jordan, David Patterson and Dr Rupert Roopnaraine. Jordan and Patterson were 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 was 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. On Monday, too, the DPP discontinued private criminal charges for the offence of Misconduct in Public Office, contrary to the Common Law instituted against Ministers of Public Health and Social Cohesion, Volda Lawrence and Dr. George Norton, respectively.

In a statement to the media, the DPP said the charges ought to have been reported to the police first for an investigation to be launched, then advice sought from her office. The charges were discontinued by the DPP by way of Article 187 (1) (c) of the Constitution of the Cooperative Republic of Guyana.

“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 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 Vickram Bharrat.

The two parliamentarians had alleged that Lawrence, while performing the duties of Minister of Public Health between January 16 and 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 cleared of any wrong-doing by the Public Procurement Commission (PPC).

On the other hand, they alleged that Dr. Norton 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.” Dr. Norton had served as Minister of Public Health prior to Lawrence.

The private criminal charges, filed against the government ministers, followed charges instituted against former Finance Minister Dr Ashni Singh and former Head of NICIL, Winston Brassington, by the Special Organised Crime Unit (SOCU) for Misconduct in Public Office, Contrary to the Common Law.

The duo is to appear before the court on May 7, 2018 to answer charges relating to the sale of state lands at prices below what they were valued. Government has since described the move by the PPP as malicious and represented political grandstanding. On Wednesday, Attorney General and Minister of Legal Affairs Basil Williams, SC had predicted that the DPP would have discontinued the charges against Jordan, Patterson and Dr. Roopnaraine as she had earlier set a precedent in how charges are to be laid. “They would all go the same way; the precedent was established by the learned DPP. In law we act on principle and precedent,” Williams stated.

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