JUSTICE Fidela Corbin-Lincoln on Tuesday ordered that a trial start in August, 2018 in the case of the alleged disappearance of $54M worth of diamonds after the state said it is unprepared to settle the matter.
The state, represented by Solicitor-General Kim Kyte-Thomas and Joan Ann Edghill- Stuart, refused to offer a settlement to Ronald Khan, a miner who claimed, among other things, that the Guyana Police Force (GPF) wrongfully detained the diamonds which belong to him. Those diamonds were detained since 1994 and were never returned to him.
The Solicitor-General who was cautious not to refer to the stones as diamonds, noted that the action filed by Khan contravenes the guidelines of the Limitation Act. Section 6 of the legislation says that every action or suit for movable property or any contract, relating to same, or to recover money lent without written acknowledgment, or to recover any salary of value of goods sold and delivered, must be brought within three years after the cause of action or suit has arisen. The incident occurred in 1994 and initial proceedings started in 2011, some 17 years after.
Attempts have been made to locate the diamonds but to no avail. Kyte-Thomas explained that many of the persons who were involved in the case are no longer alive. She made it clear that it is burdensome on the state to have a plaintiff approach the court after 17 years to produce diamonds which were lodged at a state entity. In her arguments, Kyte-Thomas said Khan is statutorily barred from making the application to cover his diamonds as it falls outside of the three-year limitation period provided by law.
In fact, the Solicitor-General said it is not clear whether diamonds worth $54M was in police possession. The onus, she said, is on Khan to prove that the stones in contention were in fact diamonds. She relied heavily on Section 6 of the Limitation Act as the state’s defence while noting that the law protects a defendant from stale claims.
Meanwhile, submissions on the issue of the limitation period are to be filed by the state, on or before July 6 and served on Khan and his lawyers. Khan’s lawyers are required to respond no later than July 20, 2018. In 2011, Khan had initially filed a civil suit against the state to recover the approximate value of the missing diamonds. Through his attorney Nigel Hughes, Khan has requested the return of the diamonds which he contends were wrongfully detained. The diamonds were reportedly lodged at the E&F Division of the Police Headquarters, Eve Leary, Georgetown.
It has been reported that the diamonds were seized by police from Khan’s mining camp at Ewang Creek, sometime in 1994 and lodged initially at the Mahdia Police Station. Khan is also seeking an order directing the Commission of Police to pay him the $54M, representing the value of the “uncut diamonds” and has claimed damages in excess of $100,000 for the wrongful detention.
When the matter was heard before Justice Fidela Corbin-Lincoln earlier this month, the state was given until May 22 to find the missing diamonds belonging to Khan. The state, through attorney Joan-Ann Edghill-Stuart, at that time said that efforts are being made to contact the relevant police officers who ought to have knowledge of the diamonds. Khan, through his attorney, had indicated that should the diamonds be found, he will not pursue the civil matter.
