THE magisterial proceeding against former Finance Minister Dr. Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington on charges of misconduct in public office has been put on hold until September 3, 2018.

This decision was made on Thursday by the Chief Magistrate Ann McLennan at the Georgetown Magistrates’ Court due to an interim stay of proceedings granted in the High Court preventing the hearing of four matters.

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

High Court Judge Franklin Holder had granted a stay of the charges of misconduct in public office pending the outcome of the fix date application before Chief Justice Roxanne George-Wiltshire.

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.

Another 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.

Meanwhile, Chief Justice Roxane George-Wiltshire had granted an interim stay of proceedings in the misconduct in public office charge for the sale of Sanata Textiles to Queens Atlantic Investment Inc.

Dr. Singh and Brassington were both charged with recklessly selling to Queens Atlantic Investment Inc., Sanata Textiles Complex totaling 18.871 acres for $697, 864, 800 between October and December 2010 when the property was valued at $1, 042, 403, 500. However the charge was never read to the duo by the Chief Magistrate due to the defendants being out of the jurisdiction.

On, Thursday the Chief Magistrate noted that the interim stay of proceedings in the matter prevented her from hearing the matter until the completion and direction of the High Court.
In court, the men’s attorney, Ronald Birch-Smith told the court that the ruling into the matter at the High Court was expected to be done by the end of August. The matter was adjourned until September 3.

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.