FORMER Finance Minister under the People’s Progressive Party (PPP) administration, Dr. Ashni Singh, and former National Industrial and Commercial Investment Limited (NICIL) Chief Executive Officer (CEO), Winston Brassington were on Friday charged on more counts of misconduct in public office, this time around for the sale of Sanata Textile Complex to Queens Atlantic.

However, since the men were not in court for Acting Chief Magistrates Sherdel Isaacs-Marcus to read the charge to them, the matter has been adjourned until June 29.
Special Organised Crime Unit (SOCU) prosecutor, Lawrence Harris explained that the matter was filed since Thursday, June 7 at the Court, but begged for an adjournment so the two defendants could be present in Court to answer to the charges.

One of the men’s attorneys, Stanley Moore, who was present in court explained that SOCU did not give notices to his clients to attend court on Friday to answer to the new charge. Moore further said that by luck he was in the courtroom at the said time for another case when the matter was being called.

The charge states that Singh, being and performing the duties of Minister of Finance and Chairman of the NICIL, a company owned by the Government of Guyana, and Brassington, being and performing duties of Chief Executive Officer at NICIL between October 20, 2010 and December 20, 2010 at Barrack Street, Kingston by way of agreement of sale and purchase acted recklessly when they sold to Queens Atlantic Investment Inc the Sanata Textiles Complex.

The charge further read that the building and erecting thereon, Parcel 4702 part of the Plantation Ruimveldt situate on the East Bank Demerara being 18.871 acres being sold for $697,864,800.00 plus Vat, knowing that the said property was valued $1,042,403,500.00 and was therefore being sold at a price that was grossly undervalued, thereby breaching their duties.

On May 8, Dr. Singh and Brassington were jointly charged with three counts of misconduct in public office, contrary to the public law.
The first charge alleged that on Monday, December 28, 2009 by way of an agreement of sale and purchase “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 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. They were released on $3M each.

However on May 21, Justice Franklin Holder had granted a stay of application in favor of Dr. Ashni Singh and Winston Brassington for the three charges.
The move prevents the Magistrate’s Court from proceeding with the criminal charges levied against them by the Special Organised Crime Unit (SOCU).
Justice Holder had handed down his decision in High Court pending the outcome of the Fixed Date Application.

Brassington in December of 2015 had said he was willing to undergo public scrutiny in the courts of law, maintaining that he was a man of integrity.
One of the forensic audit reports on the operations of NICIL suggests that under the PPP administration, NICIL engaged in malpractices, and had made poor decisions on behalf of the people of Guyana.

The audit which was conducted by former Auditor General, Anand Goolsarran had recommended criminal and/or disciplinary action against all those responsible for the interception of State revenues totaling $26.858B, in violation of the constitution. Goolsarran had said that several laws were broken.

Brassington, who left Guyana in December 2015, was said to be living in Florida, where he reportedly operates a business.