Return undervalued lands to the state
Popular businessman Wilfred Brandford
Popular businessman Wilfred Brandford

— or face legal proceedings, Attorney General tells former Lands and Surveys board member

By Richard Bhainie

ATTORNEY GENERAL and Minister of Legal Affairs, Anil Nandlall, S.C., on behalf of the Guyana Lands and Surveys Commission (GL&SC) and the Government of Guyana, has written to a popular businessman asking him to relinquish undervalued lands he obtained weeks after the March 2, 2020 elections.

Wilfred Brandford, a board member of the GL&SC under the A Partnership for Unity + Alliance For Change (APNU+AFC) administration was issued a Certificate of Title No. 2020/11 for parcels 4725 and 4805, Plantation Ruimveldt, dated April 15, 2020.

This was pursuant to an Agreement of Sale and Purchase executed with the Government of Guyana, represented by the GL&SC through then Commissioner Trevor Benn dated March 23, 2020.

The parcels of land comprising 0.710 and 0.887 acres respectively were sold to Brandford for a total sum of $13.5 million.

However, a review of the transaction and similar transactions revealed that similar-sized parcels of land in the same vicinity were sold by the Government of Guyana for as much as $150 million.

“This was a fact within the peculiar knowledge or ought to have been within the peculiar knowledge of both you and then Commissioner as both of you served on the Board of the Guyana Lands and Surveys Commission,” Nandlall wrote in his letter to Brandford.

Further, Benn had obtained two valuations for the said parcels of land; the first valuation was of $60 million, while the second was for $13.5 million; however, he chose the latter as the mutually agreed purchase price.

This “simply aggravated the egregious nature of the misconduct, illegality and conspiracy which permeated this transaction,” Nandlall explained in the letter.

In the letter seen by this publication, Nandlall explained that the evidence on record established that Brandford entered into the aforesaid agreement with full knowledge that the transaction was disadvantageous to the state and beneficial to Brandford.

“No doubt, it will be easily inferred that you relied upon your relationship with the Commissioner and the position of influence you held on the Board to secure a transaction favourable to you,” Nandlall explained in the letter.

The Attorney General informed Brandford that the issuing of the title to him constitutes a clear and egregious fraud and there is enough evidence to prove so, and to set aside the title on those grounds.

He noted that Brandford will be afforded no protection in these circumstances under the Land Registry Act, Chapter 5:02 and the state is willing to set aside legal proceedings if the lands are relinquished.

“In the interest of avoiding the institution of legal proceedings against you and without prejudice to the claims and remedies of legal proceedings against you, we are prepared to refund an appropriate sum of the money,” the Attorney General wrote to Brandford.

However, this would be subject to the condition that Brandford relinquishes all his purported rights, title and interests in the said parcels of land over to and in favour of the state.

Brandford was informed to make contact with the Commissioner of the GL&SC within 14 days from the issuance of the letter if he intends to do so.

“If you fail to avail yourself of this offer, civil proceedings will be instituted against you for compensation, cancellation of the Certificate of Title and for possession of the land. Additionally, the documents will be transmitted to the Guyana Police Force for the commencement of criminal investigations,” Nandlall told Brandford.

 

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