… says matters concern grave issue under criminal law

… Allegations must first be investigated, DPP advice sought

DIRECTOR of Public Prosecutions (DPP) Shalimar Ali-Hack on Monday discontinued private criminal charges for the offence of Misconduct in Public Office, contrary to the Common Law instituted against Ministers of Public Health and Social Cohesion, Volda Lawrence and Dr George Norton respectively.

In a statement to the media, the DPP said the charges ought to have been reported to the Police first for an investigation to be launched then advice sought from her office. The charges were discontinued by the DPP by way of Article 187 (1) (c) of the Constitution of the Cooperative Republic of Guyana.

“These charges concern a grave issue under the criminal law in relation to two serving Ministers. In the interest of good governance in the State of Guyana such allegations ought first to have been reported to the Guyana Police Force for an investigation to be launched and the advice of the DPP sought,” the DPP stated. The private criminal charges were filed last Thursday by former Attorney General under the People’s Progressive Party (PPP) administration Anil Nandlall on behalf of that party’s Members of Parliament Juan Edghill and Visram Bharat.

The two parliamentarians alleged that Lawrence, while performing the duties of Minister of Public Health between January 16 and February 16, 2017 “wilfully misconducted herself in a way which amounted to an abuse of public trust without reasonable excuse or justification, when she authorised or caused the unapproved single-sourcing and purchase of drugs and medical supplies for the Georgetown Public Hospital Corporation, in the city of Georgetown from ANSA McAL Trading Limited… for the excessive sum of $605,962,200”.

It should be noted that the Public Procurement Commission (PPC) had cleared the Public Health Minister of any wrongdoing. Meanwhile, the charge against Dr. Norton alleged that while “performing the duties of Minister of Public Health of the Government of Guyana, June 1, 2016… wilfully misconducted himself in a way which amounted to an abuse of public trust without reasonable excuse or justification, when he authorised or caused the rental of the property known as and situated at 29 Sussex Street, Albouystown, in the city of Georgetown from Linden Holdings Incorporated … for the sum of $12,500,000 exclusive of VAT, per month, by way of a written Agreement of Tenancy at an excessive rate of rental.” Dr Norton served as Minister of Public Health prior to Lawrence.

The private criminal charges, filed against the two government ministers, followed charges instituted against former Finance Minister Dr Ashni Singh and former Head of NICIL, Winston Brassington, by the Special Organised Crime Unit (SOCU) for misconduct in public office, contrary to the common law, and came one week after the former officials were charged.

Government immediately responded describing the charges against the ministers as frivolous and represented a clear attempt to tarnish the reputation of the duo. “These talks of corruption are without any proof and the opposition is now seeking to grab at straws.

The security agencies, the Police Force and so on have their work to do and when they find as they have been doing, evidence of corruption, evidence of malfeasance they will take the necessary steps,” Minister of State Joseph Harmon said Friday. The minister of state contended that the charges brought by the PPP MPs are a strategy aimed at tying the government ministers up in court, so that government can be distracted from its development agenda. On Saturday, Attorney General and Minister of Legal Affairs, Basil Williams, SC described the move by the opposition as “malicious” and called on the DPP to review the charges.

Dr Singh and Brassington are to appear before Chief Magistrate Ann McLennan to answer to three charges of misconduct in public office, contrary to the public law on May 7.

According to the charges filed by the SOCU, Dr Singh and Brassington “acted recklessly” when they sold to National Hardware Guyana Limited lands amounting to 103.88 acres, property of the state for the sum of $598,659,398 (vat exclusive) without first having procured a valuation of the said property from a competent valuation officer.

The second charge alleged that the duo “without due diligence” sold to Scady Business Corporation state land, located at Liliendaal, ECD amounting to 4,700 acres, for the sum of $150,000,000 knowing that the said property was valued at $340,000,000 by Rodrigues Architects Associate.

While the final charge alleges that Dr Singh and the former NICIL CEO “acted recklessly” when they sold to Multi-cinemas Guyana Inc. 10,002 acres of state land located at Turkeyen, ECD, for the sum of $185,037,000 without first having procured a valuation of the said property from a competent valuation officer.

One week after, Nandlall filed private criminal charges against the two sitting ministers of the coalition government. He has also written the DPP requesting that she should review the charges and discontinue same.

In a letter dated April 17, 2018, Nandlall said, “I respectfully invite a review of the said charges for the purpose of specifically considering whether the particulars of the offence disclosed any offence at law, more particularly, the offences for which the said persons have been charged and if not, further invite you to consider exercising the powers vested in your office by Article 187 of the Constitution of the Cooperative Republic of Guyana and to discontinue the said charges, forthwith.”

The move by the PPP prompted former Speaker of the National Assembly Ralph Ramkarran, SC to describe the situation as “Tit for Tat politics”. The Senior Counsel in his weekly blog which appeared on www.conversationtree.gy predicted that the charges against the two ministers would be disallowed by Ali-Hack. Ramkarran said, “It is hardly likely that the charges against the Ministers of Government will be allowed by the director of public prosecutions (DPP) to stand.

No doubt, the director will enter a nolle prosequi, which in effect would mean withdrawal of the charges. “This is likely to occur before April 24, so as to ensure that the ministers do not have to suffer the potential indignity of having to appear in court and sit in the dock while the charges are read to them,” said Ramkarran, a former Speaker of the National Assembly.