— similar action taken against several top PPP officials

THE State Assets Recovery Agency (SARA) has turned to the High Court to repossess the properties owned by former President, Bharrat Jagdeo, and six other high-ranking officials who had benefitted from the Pradoville Scheme, as it ups the ante against corruption.
Under Jagdeo’s presidency, he along with several high-ranking officials received prime seafront land belonging to the state at prices far below market value. The current administration has been investigating the suspicious financial transactions.

On Monday, SARA filed eight actions in the High Court in its quest to repossess eight plots of land at Plantation Sparendaam and Goedverwagting – commonly known as “Pradoville Two.” Two of the parcels belong to the former President, now Opposition Leader, Bharrat Jagdeo, while the others are owned by former Minister of Home Affairs, Clement Rohee; former Minister of Education, Shaik Baksh; former Chancellor of the University of Guyana, Dr. Compton Bourne; Lisaveta Ramotar – daughter of Guyana’s immediate past President, Donald Ramotar; Private Sector Executive, Ramesh Dookhoo and Florrie Loretta Ramnauth.
In the case, The State Assets Recovery Agency v Bharrat Jagdeo, which brings into question the property located at Lot 246 Goedverwagting on the East Coast of Demerara, SARA is seeking an order from the court to prevent the former President from disposing of the property.

It also wants the court to set aside the Certificate of Title bearing No. 2010/3432 which was registered on September 2, 2010, and for the land to be transferred to the State.
“A Civil Recovery Order transferring the property known as Lot 246 Goedverwagting, East Coast Demerara, also known as Zone: E.C.D, BLOCK III, PARCEL: 246, AREA:1500 Acre, Plantation Goedverwagting; Title No. 2010/3432, to the asset manager or such other person as this honourable court may deem or determine,” page three of the court document states.

In laying the grounds for the case against Jagdeo, SARA, through its Attorneys-at-law Nigel Hughes and Ronald Bostwick, stated that the land that forms Plantation Sparendaam and Plantation Goedverwagting was at all material times, State property.
On August 16, 2007, during a Meeting of the Board of Directors of the National Investment Commercial Limited (NICIL), the then Executive Director, Winston Brassington, reported that there were 15 acres of land at Sparendaam which was good for sale. Brassington, according to the court documents, recommended that the land would be ideal for high-income house lots, town houses or condominiums, however, the lands were sold at extremely low prices.

“At the date of their sale, the aggregate value of the sold parcels of land at the property was $246, 639, 868,” SARA’s attorneys said, while noting that the sum is based on an appraisal report done by Hugo Curtis Dip. Est. Man. (Lon.) Valuatuib Surveyor on November, 28 2017. While the property has been valued at more than $246M, Jagdeo, while President, paid a mere $9,335,500 to the Central and Housing and Planning Authority (CH&PA) for the plot of land on September 6, 2010.

It was noted that the sale stemmed from a March 9, 2010 Cabinet meeting, during which it was decided that the government would create a housing development on the land and for it to be transferred to CH&PA from the National Communications Network (NCN) which was the owner at the time.

UNFAIR
“The decision of the Cabinet to allocate and distribute the aforementioned properties at prices which were below the current valuation to a restricted group of persons with significant financial resources, deprived the state and the people of Guyana to lose consideration and or value on the disposal of the state’s assets,” the attorneys stated.

They added: “The purported transfer of the state’s assets to a restricted and limited group of persons of privilege and considerable financial worth, at values below their assessed market value without any purported benefit to the state, was a disposal of the state’s assets to a selected, privileged group at considerable financial and other disadvantages to the state and people of Guyana.”

Notably, the sale occurred under the watch of People’s Progressive Party (PPP) presidential candidate, Irfaan Ali, who at the time was the Minister of Housing and Water,and was directly responsible for the CH&PA.

It was noted that though there were and continue to be established procedures guiding the application process and the sale of land, evidence suggests that no applications were received by the CH&PA, no interviews were conducted and no agreements of sale signed in relation to the parcels allotted at Plantation Sparendaam and Plantation Goedverwagting.
“The Minister of Housing requested Esther Stephen, a staff member of the CH&PA in 2010, to deliver a sealed yellow envelope from the Minister, Mohamed Irfaan Ali, to the Registrar of Lands, Juliet Sattaur….When Esther Stephen went back to the land registry to meet the registrar, the registrar told her that she had to sign for the Certificates of Title and take them back to Minister Ali,” SARA detailed through its attorneys.

UNLAWFUL
According to SARA, that passing of the title for Parcel 246 Plantation Goedverwagting from CH&PA to the former president was unlawful. According to the agency, the action was contrary to and in violation of the provisions of the Land Registry Act to transfer a registered interest without the knowledge and consent of the registered proprietor. This act, SARA is arguing, is one of fraud, dishonesty, and was done with intent to defraud the state.

“That former President Bharrat Jagdeo, a Cabinet member, in benefitting from his own decision when he participated in a Cabinet decision to allocate state assets to a class of persons, which included himself, was in breach of his constitutional duty to uphold the constitution and to act in the best interest of all the people of Guyana. For reasons inter alia, he was in a position of conflict of interest in which he participated and acted in his own personal interest,” SARA concluded. Similar cases have been made against the others, and according to SARA, several others will follow shortly.

It said that the initial window for out-of-court settlement for officials and other persons who are in unlawful possession of state assets has closed.