–matter adjourned until May 2

ATTORNEYS representing former Finance Minister Winston Jordan, who is facing charges of misconduct in public office, have chosen a paper committal inquiry rather than a full-blown trial.
On Monday, the trial was scheduled to commence before Senior Magistrate Leron Daly at the Georgetown Magistrate’s Court.

However, one of Jordan’s lawyers, Dawn Cush, asked for the matter to remain indictable and proceed through a paper committal.

As a result, Special Organised Crime Unit (SOCU) Prosecutor Neville Jeffers requested an adjournment to prepare for this new procedure.

The case has now been adjourned until May 2, 2023.

Paper committals rely on written statements, documents, and depositions, with no oral presentation of evidence.

If the magistrate determines that the evidence presented does not establish a sufficient case to commit the accused for trial before a judge and jury, the accused must be discharged by the magistrate.

However, the discharge does not amount to an acquittal, as a preliminary inquiry is not a trial.

Jordan appeared in court for the first time in December 2021 and was released on $3 million bail. He was not required to plead to the charge since it was an indictable offense.

It was alleged that, while serving as Finance Minister under the APNU+AFC coalition government, Jordan committed willful misconduct by acting recklessly when he signed the NICIL (Transfer of Property) Order, No. 50 of 2020. NICIL, the government’s holding company, fell under Jordan’s ministerial portfolio.

The substantive matter relates to Jordan transferring and vesting to BK Marine Inc. all buildings, erections, stellings, platforms, and further appurtenances at Mud Lots One and Two, F of Mud Lot Three, A, B & D, being over 2.553 acres.

In that transaction, it was reported that $20,260,276 was paid for a property initially valued at over $5,000,000,000. The selling price was reportedly grossly below the actual value of the assets sold.

The prosecution argued that this amounted to an abuse of the public’s trust without reasonable excuse or justification.

During the last hearing of the case, Jordan’s lawyers contested that their client was not a ‘Public Officer.’

The former Finance Minister is also represented by fellow APNU coalition party members, Attorneys-at-law Roysdale Forde S.C., Khemraj Ramjattan, Joseph Harmon, and Darren Wade.
However, the prosecution had previously submitted that Chief Justice Roxane George addressed the precedent in the case of Winston Brassington and Dr. Ashni Singh versus the Chief Magistrate.

In that case, Dr. Singh, who was also a finance minister, was considered to be a Public Officer, and Article 232 of the Constitution of Guyana provides that a ‘Public Officer’ means the holder of any public office and includes any person appointed to act in such an office.

Magistrate Daly has reserved her ruling on the issue and will proceed with the case. This prompted Cush to inform the court that the defence would challenge Daly’s decision to the High Court.