— SOCU drops ‘politically-motivated’ charges against Dr. Singh, Brassington

CHARGES laid by the Special Organised Crime Unit (SOCU) against former Finance Minister, Dr Ashni Singh, and former head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington, have been withdrawn, exonerating the public officials who were victims of a “politically-motivated” attempt, under the former APNU+AFC Government, to taint their character.

When the case was called before the Chief Magistrate, Ann McLennan, at the Georgetown Magistrates’ Court, on Monday, SOCU prosecutors informed the court that they will not be proceeding with the charges against the defendants. This was also confirmed by the men’s Attorney, Sase Gunraj. The withdrawal of charges against the duo comes weeks after Chief Justice Roxane George ruled, in the High Court, that the charges against Dr. Singh and Brassington must go to trial at the Magisterial Court.

The defendants had challenged the legality of the charges laid against them by the Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC. Their lawyers had argued that the charges of misconduct in public office, contrary to common law, is an abuse of process, malicious, biased, capricious, arbitrary, and without proper evidential basis. They also contended that the charges were made in bad faith, and were

unreasonable, discriminatory, unlawful, and influenced by irrelevant and improper considerations and motives, null, void, and of no effect. In April 2018, Dr. Singh, who is now the Senior Minister with responsibility for Finance in the Office of the President, and Brassington, were first charged and released on $6 million bail each.
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 belonging to the state amounting to 103.88 acres, for the sum of $598 million (Vat exclusive), without first having procured a valuation of the said property from a competent valuation officer. The second charge alleged that the duo, on Tuesday December 30, 2008, by way of agreement of sale and purchase, “without due diligence,” sold to Scady Business Corporation, State lands located at Liliendaal, amounting to 4,700 acres, for the sum of $150 million, knowing that the said property was valued at $340 million by Rodrigues Architects Associate.

Another charge alleged that both men, 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 state lands located at Turkeyen, for the sum of $185 million without first procuring a valuation of the said property from a competent valuation officer. Dr. Singh and Brassington were also charged with recklessly selling to Queens Atlantic Investment Inc., Sanata Textiles Complex, totalling 18.871 acres for $697 million, between October and December, 2010, when the property was valued at over $1 billion. However, the charge was never read to the duo by the Chief Magistrate due to the defendants being out of the jurisdiction. Brassington in December 2015 had said he is willing to undergo public scrutiny in the courts of law, maintaining that he was a man of integrity.

FRIVILOUS
Vice-President, Bharrat Jagdeo, during his days as Leader of the Opposition, had described the charges as ‘frivolous’ and had said that it was merely an attempt by the Coalition Government to keep a campaign promise. “It is all frivolous… This Government campaigned on a promise that they will jail all of us when they get into power because we’re massively corrupt…We were told that we had assets that we were not declaring to the integrity Commission. We’re told that the People’s Progressive Party and its leaders had stolen so much money they couldn’t stash it in Guyana, they had to stash it abroad.
“These were the campaign. This was in the mouth of every person who spoke on the APNU platform. Jail, Jail these people,” Jagdeo was reported as saying. He went on to say that: “There was a great expectation in this country that once the [Coalition] Government came into office that it will do the audits, swiftly find these huge billions of dollars that are stolen because they can’t be hidden easily and that it will proceed to charge people for the theft of money…for corruption or bribery, or something around that nature. That was the expectation among people.”

The Coalition was ridiculed by Jagdeo for conducting over 50 audits and finding nothing related to theft of money, corruption or bribery.

“Ashni Singh and Brassington were not charged for stealing money. They were not charged because this Government found them with a big bank account that they can’t explain. They were not charged for even bribery in public office, what they were charged for is ‘misconduct in public office; contrary to common law.’ They [the Government] couldn’t even find a National Statute to charge them under. “I know that Ashni Singh and Winston Brassington, despite all that they [Government] might say about them, they have more integrity in their little finger than many of these ministers have in their whole bodies, from head to toe,” had said Jagdeo.

HARASSMENT AND SMEAR CAMPAIGN
Even former President, Donald Ramotar was reported by the Stabroek News as saying: “Dr. Ashni Singh and Mr. Winston Brassington are two outstanding Guyanese whose contributions to the development of this country are great. “Both these gentlemen have earned the respect of their staff and the international community for their outstanding work. Like I said, they did not run away. They did all required of them. Brassington applied for leave to go on holiday and the leave was approved. He did not run out of the country as the regime wants people to believe. Brassington stayed in his position for a while and they are now saying that they want to get him. This is dangerous and an infringement on all of our rights.”

Ramotar further said: “… the regime showed great hostility towards him [Brassington]. In his absence, it became known that they had the army and other intelligence spying on him and his home. The unfortunate death of an army intelligence officer and his wife occurred when they thought they were following Brassignton’s daughter. Many questions remain unanswered. Why were they following her? ….No answers were ever provided.” On Singh’s part, Ramotar said that trying to blame him for undertaking his designated duties was not only “blatantly wrong” but seems to be a move to discredit the “brilliant contributions” Singh made in advancing the country’s economic growth. “In the case of Ashni Singh this can only be political revenge. Ashni was a brilliant finance minister. Without doubt he was one of the brightest persons to have held that position.  “Ashni is a brilliant debater and while he served in the National Assembly he ripped to shreds every argument of the then opposition. He was able to expose them for their obstructionist position and anti-national positions that they often took. The then opposition parties now in Government often threatened him and it descended into verbal abuse,” said Ramotar.

COMPELLING CASES
Contrary to the “politically-motivated” attacks on Dr Singh and Brassington, compelling cases of fraud have been laid against several individuals associated with the former APNU+AFC Administration. It was reported recently that the current Government will be taking legal action against former Finance Minister, Winston Jordan and former Chief Executive Officer (CEO) of NICIL, Colvin Heath-London for lands vested to private investors by the past administration during its time as a “caretaker Government”. Based on a list issued by the Attorney-General’s (AG), Anil Nandlall’s Chambers recently, lands valuing $2,383,390,759 were issued by the former administration to eight private investors, while only $64,623,276 was paid over, which is a mere two per cent of the consolidated total. Further, each of those titles was vested after the March 2, 2020 General and Regional Elections, and each Agreement of Sale was entered into after the former Government was toppled by the successful passage of the no-confidence motion.

“The Office of the Attorney-General and Minister of Legal Affairs has sought and received independent legal advice on this matter, and the advice is that Minister Winston Jordan and Mr. Colvin Heath-London have acted recklessly, in bad faith with full knowledge of the flagrant illegalities which have resulted in millions of dollars of losses to the State,” said the AG’s Chambers. Nandlall was clear that no actions would be taken against companies that surrender their allotted lands to the State. Already, Navigant Builders, Corum Group, Cardiology Services Inc., Supergraphic, American Marine Services Inc., and GUYOIL have voluntarily offered to surrender lands vested to them. The Attorney-General, however, committed to releasing information related to more infractions committed, allegedly, by Jordan and London.

Heath-London was arrested recently as investigations continue into the prime State lands, but has since been released. London’s legal team has laid all wrongdoings at the feet of the former CEO of NICIL, Mr. Horace James, who is now deceased. Prominent People’s National Congress/Reform (PNC/R) member and Attorney-at-Law James Bond, has also been arrested as the probe into the award of State lands at Peter’s Hall, on the East Bank Demerara (EBD) widens. Bond, who is at the centre of several ‘deals’, is being questioned in relation to conspiracy to defraud the State. He is accused of benefitting from land deals emanating from the sale of State lands while purportedly looking after the interest of NICIL, which was presiding over the leasing of the lands.