TRANSPARENCY Institute Guyana Inc. (TIGI) said that the charges for misconduct in office against the former Minister of Finance and the former head of the National Industrial and Commercial Investments Limited is a welcome disruption to impunity for corruption and malfeasance in office that exists in Guyana.

In a statement on Monday, TIGI said it is neither taking a position against Dr. Ashni Singh and Mr. Winston Brassington nor attempting to pronounce on their guilt. However, TIGI said given that charges have been filed, “we leave it to the court to determine the outcome. In this regard, the pronouncements made by politicians on these matters, even while the cases are before the courts, are improper and appear as attempts to pervert the course of justice and play on the emotions of the citizens,” TIGI said.

TIGI also welcomed the attempt to institute charges against current ministers of government for their conduct in office. There are legitimate questions to be answered in relation to the Sussex Street pharmaceutical bond deal, procurement in the health sector and the Durban Park project. With respect to these matters, private charges against Dr. George Norton (former Minister of Health, now Minister of Social Cohesion), Ms. Volda Lawrence (Health), Winston Jordan (Finance), David Patterson (Public Infrastructure) and Dr Rupert Roopnaraine (Public Service) were filed but were disallowed by the Director of Prosecutions (DPP) on procedural grounds.

“TIGI believes that any current or former government official or employee who mismanaged or misappropriated state resources should be held accountable and, where appropriate, be made to make amends, inclusive of returning what was taken or given away. As long as there is merit in the matters identified, the currency of alternative motives is of little importance. Hence, given the matters involved, we hold to our view, whether or not it is perceived that the charges stemmed from retaliatory politics,” TIGI said.
According to the body, in order to end impunity for corruption, the undocumented buddy system in which the major political camps agree to criticise but not prosecute each other for malfeasance must end. “Public officers must know that they will be held accountable for what they do with public resources.”

Disallowed Charges
Meanwhile, as it relates to the private criminal charges that were filed against government ministers, TIGI agrees that the proper procedures must be followed in all legal matters. “However, there are unanswered questions about the path taken by the DPP to disallow the charges against current ministers of Government. The DPP is reported as indicating that “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.”

In response, the former Attorney General and member of the political opposition has indicated that there is no law requiring the steps identified by the DPP. “We have also been unable to verify that such provisions are made in the law, notwithstanding the powers of the DPP articulated in Section 187 of the constitution. We therefore believe that the decision of the DPP can and should be challenged in court. Such a challenge will clarify the appropriate procedure and serve as a guide for future actions,” TIGI said.
Nevertheless, the body said even if a challenge to the decision of the DPP is made, there is nothing preventing Mr. Anil Nandalall, in his capacity as the attorney who filed the private criminal charge, from following what was indicated by the DPP and reporting the matters to the police to begin a new process.