Justice Franklin Holder on Monday granted a stay application in favour of  former Finance Minister, Dr Ashni Singh and Head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington for alleged misconduct in public office.

The move prevents the Magistrate’s Court from proceeding with the criminal charges levied against them by the Special Organised Crime Unit (SOCU).

The Justice Holder handed down his decision on Monday in the High Court pending the outcome of the Fixed Date Application slated to be heard later this month.

Former Attorney General, Anil Nandlall upon exiting the court room told reporters that he was pleased with the decision but Solicitor General Kim Kyte-Thomas made it clear that the  decision is separate and apart from the substantive case.

A team of lawyers, led by Nandlall, had filed a ‘Fixed Date Application’ for an Order or Writ of Certiorari to be issued, quashing the case brought against Dr Singh and Brassington in the Georgetown Magistrates’ Court by SOCU.

In that “Fixed Date Application,” which is the substantive application, the legal team, among other things, applied for an “interim order restraining the learned Chief Magistrate or any magistrate within the Georgetown Magisterial District from hearing or attempting to hear or determine or taking any further steps in respect of the Information Upon Oath of Munilall Persaud, Corporal of Police of the Special Organized Crime Unit…”

On May 8, 2018, Dr. Singh and Brassington were charged with three counts of misconduct in public office, contrary to the public law when they appeared before Chief Magistrate Ann McLennan.

The first charge alleged that on Monday, December 28, 2009 by way of an agreement of sale and purchase, they “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 alleges that the duo on Tuesday, December 30, 2008 by way of agreement of sale and purchase “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 the former NICIL 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 having procured a valuation of the said property from a competent valuation officer.

The men were not required to plead to the charge as SOCU’s  Special Prosecutor, Trenton Lake, explained to the court that additional investigations into the matter are ongoing.