…Police legal adviser says case against Westford, Cummings was handled by the DPP

LEGAL Advisor to the Guyana Police Force, Justice (Ret’d) Claudette Singh said the larceny case brought against former Public Service Minister, Dr. Jennifer Westford and her Personnel Manager, Margaret Cummings was dealt with entirely by the Office of the Director of Public Prosecutions (DDP), and not her office.

Dr. Westford and Cummings were hauled before the Georgetown Magistrate’s Court in June, 2015 for allegedly stealing approximately $639.4M from the state between October 19, 2011 and April 28, 2015, while being employed at the then Public Service Ministry. But after a three-year-old trial, Principal Magistrate Judy Latchman dismissed the case on the grounds that it was “bad in law.”

Junior Finance Minister, Jaipaul Sharma, over the weekend while expressing his disappointment, said it is baffling as to how a very simple and straight forward case put together by the Criminal Investigation Department (CID) following advice from the Police Legal Advisor and the DPP could still have resulted in the wrong charge being instituted. He said it was a waste of the state’s resources and could have been prevented.

According to him, Dr. Westford and Cummings, who worked under the People’s Progressive Party (PPP) Government, should not have been charged with larceny by public officer but rather under the Fiscal Management and Accountability Act, Sections 48 and 49. But on Monday, the Police Legal Advisor distanced herself from the case. “I didn’t not advise on that matter and that matter was wholly and fully dealt with by the DDP chambers, and they had the DDP prosecutors there,” Justice (Ret’d) Singh said.

When the DPP’s Office was contacted, the Guyana Chronicle was informed that the DPP Shalimar Ali-Hack and Communications Officer Liz Rahaman are both on leave. A request to speak to the Assistant DPP Sonia Joseph was turned down, and this newspaper asked to make contact with Rahaman when she returns from leave next Monday. It is alleged that between 2011 and 2015, Westford signed 24 memoranda amounting to $639,420,000 and sent them to the permanent secretary at the Office of the President to be signed and approved. The money, which was reportedly given to Cummings and subsequently handed over to the then minister, was said to have been requested for activities to be conducted in the 10 administrative regions.

The Magistrate, in handing down her decision, said there was no evidence to prove that the funds were not used for their intended purpose, noting that although there was evidence in the form of 24 memoranda, which were signed by Dr. Westford, which proved that she requested the sum during the period of 2011-2015, there was no evidence that the money was unlawfully taken by the two women. It was also noted that while there was no evidence to prove that Cummings’ collected the money, since there was no affixed signature. A total of 48 witnesses were called during the trial.

Minister Sharma is calling for the right charge to be instituted against Dr. Westford and Cummings. He is of the strong belief that something is being done wrong at the investigative and prosecutorial end of things. “We have carried a number of cases before the court already and failed, Jennifer Westford’s case is only one that failed, we are not getting convictions,” he said.

The Minister reminded that in October, 2017 the conspiracy to procure money charge against former General Manager of the New Guyana Marketing Corporation (NGMC), Nizam Hassan and Felecia De Souza-Madramootoo was dismissed.

In November, 2016 former Deputy Chief Executive Officer (DCEO) of the Guyana Power and Light (GPL), Carvil Duncan was found not guilty of theft after it was ruled that a prima facie case had not been established against him.

Duncan and the company’s then CEO Aerswar Deonarine, found themselves in trouble over the unapproved transfer of approximately $29M to their personal bank accounts from the PetroCaribe fund. It was alleged that Duncan stole $984,900 from GPL on March 31, 2015 at Georgetown after conspiring with the company’s then CEO, Aerswar Deonarine to commit the act of simple larceny. The former DCEO was also alleged to have conspired with Deonarine to commit a felony – that is to say between May 7 and 8 at Georgetown he conspired to steal GYD$27,757,500, property of GPL.