FORMER President of Guyana, Donald Ramotar is expected to be cross-examined in the case brought against the present government, which seeks to block its decision to revoke the 99-year lease from the Cheddi Jagan Research Centre Incorporated (CJRCI).

In December, 2016, President David Granger had ordered that the controversial lease for Red House, which housed the CJRCI be revoked and that the occupants vacate the property on the basis that there was no valid lease agreement.

With the Acting Chief Justice, Roxane George declaring more than a year ago that the matter could not be determined by way of interlocutory hearings, the case came up in open court on Friday. Former Attorney General and Attorney-at-Law, Anil Nandlall and Attorney Ronald Burch-Smith appeared on behalf of the applicant – CJRCI, while the State was represented by Attorney General and Minister of Legal Affairs, Basil Williams, Solicitor General, Kim Kyte and State Counsel, Utieka John.

When the matter was called before the chief justice, the attorney general made a request for the former president to be cross-examined on the basis of his affidavit, which was taken as the evidence in chief.

Ramotar, in a sworn affidavit, said he had approved the 99-year lease of the Red House to the CJRCI. “At all times, I was aware, authorised and sanctioned the issuance of the a lease of government land for educational/research purposes, number 3068, dated 30th March, 2012, in respect of Area ‘A’ now called Red House, comprising lots 65, 66 and 67 High Street Kingston, situated in the City of Georgetown, County of Demerara, by the Commissioner of Lands and Surveys acting on behalf of the Government of Guyana and the Cheddi Jagan Research Inc.,” the former president swore. The government, however, is maintaining that there is no evidence that the former president approved the Red House lease. In an effort to prove his case, Nandlall welcomed the request of the attorney general to have the former president appear before the court for cross examination. Ramotar is scheduled to appear in the High Court on November 1, 2018.

When the government took the decision to revoke the lease back in 2016, it did so on the basis that there was no valid lease agreement as former President Bharrat Jagdeo had refused to approve at least two applications for the lease. Back then, the attorney general said investigations revealed that the lease held by the CJRCI was invalid on several grounds, including that there is no evidence that the President of the day had sanctioned it.
On March 30, 2012, The Red House lease agreement was initiated without the approval of the President of the Day or The National Trust of Guyana, which is in contravention of Section 10 of the Lands Department Act Chapter 59:01, rendering it void.

On March 21, 2000, the CJRCI was incorporated as “a not-for-profit company” by the late former President, Janet Jagan, her daughter Nadira Jagan-Brancier and former President Donald Ramotar, who was then the general-secretary of the People’s Progressive Party/Civic (PPP/C), with the aim of establishing a library and research facility to contain the works and documents owned by the late President, Cheddi Jagan.

In that same year, the lease agreement among the parties; the Government of Guyana, The National Trust of Guyana and the CJRCI was drawn up but not executed.

According to the Attorney General, on May 3, 2006, Ramotar applied to the Commissioner of Lands and Surveys (CL&S) for a lease of the property on behalf of the CJRCI but although a file had been opened in the Guyana Lands and Surveys Commission (GL&SC), approval had not been granted.

The application was then resubmitted on August 30, 2010, on a revised schedule, to the then Office of the President. On January 11, 2011, the resubmitted application was also not approved as there is no evidence of any signature of the President of the Day on the purported schedule, only those of Doerga Persaud, the then CL&S, and the Manager of Land Administration, Mr. Enrique Monize.

However, on March 30, 2012, a lease entered by the CL&S on behalf of the Government of Guyana, and by Ralph Ramkarran, S.C., on behalf of the CJRCI, was issued under Section 10 of the Lands Department Act, Chapter 59:01 for property with a duration of 99 years, commencing on January 1, 2012 at an annual rental of $12,000 for the first three years, and with the proviso that the government could revise the annual rent payable at the end of every three years.