Jul 21, 2016 News
By Kiana Wilburg
In order to move forward on the Pradoville Two fiasco which implicates former President Bharrat Jagdeo and others, a key loophole needs to be closed.
According to Police Legal Advisor, Justice Claudette Singh, that gaping hole in the case is the fact that there is no valuation of the lands which investigators allege to be undersold by Jagdeo and former Cabinet members.
Singh said she made it clear to the investigators that if their claim is that the public officials got state lands at a “next to nothing” price, and then resold it for a fortune, they must first determine what the original cost of the lands was at that time.
In doing this, Justice Singh said she would be able to evaluate by how much the lands were undersold.
The Police Legal Advisor said, “If they get the valuation of the lands at that time then we can move forward. I made that clear to them weeks now and I am still waiting on that valuation.”
Justice Singh made it pellucid that while investigators may want to pursue the criminal route on this matter, it would be incumbent on them to ensure that all the necessary, concrete evidence is available to put forward a “tight case” in the court.
“They need to have a tight case with this matter and they have to prove beyond a reasonable doubt that embezzlement or fraud took place. While there is not enough at the moment to move forward with criminal proceedings, I did explain that the option of civil proceedings is still open to the investigators.”
She said, too, that the lack of a proper paper trail is another aspect that is affecting the construction of a bullet proof case.
The Office of the Director of Public Prosecutions (DPP) has since advised the State Asset Recovery Unit (SARU) of this state of affairs. But SARU’s Head, Dr. Clive Thomas insists that he will continue to push for criminal charges to be brought against those implicated in the scheme.
The SARU Head believes that there is a strong case where the Pradoville 2 matter is concerned.
In early October 2015, SARU completed a report which stated that in 2010, the Bharrat Jagdeo Cabinet made a decision authorizing the National Industrial and Commercial Investments Limited (NICIL) to privatize State lands. NICIL is the body tasked with overseeing the privatization of State assets.
It reportedly spent more than $200M to develop the sea front community without the knowledge and blessings of the National Assembly and other relevant bodies.
The said lands were then secretly sold to the former Ministers and known friends and associates of the previous regime. At the time of the sale, the report said, the lands were grossly undervalued and sold at a price substantially below the market value, thereby depriving the state of its full benefits.
SARU said, “There is a direct link between the misconduct and the abuse of powers and duties of their position. The former Cabinet members knew they were doing a wrong in transferring State lands to their names and that of their acquaintances for undervalued market prices for the land. The lands were sold for $114 per square foot at the time.”
“Public officers ought to carry out their duties, not for the benefit of themselves, but for the benefit of the public as a whole. If they neglect or misconduct themselves by their actions in the course of their duties, this may lead to a breach or abuse of the public’s trust. The act of the Cabinet members for their benefit is serious enough to amount to an abuse of the public’s trust.”
In a letter addressed to Public Security Minister, Khemraj Ramjattan, SARU had said that based on its findings, it is requesting that Ramjattan’s Office proceed to further investigate unlawful aspects of this matter, with the aim of establishing whether criminal action should be instituted.
“It is the duty of this Unit in the Ministry of the Presidency to ensure that no Minister of Government in Guyana would be the beneficiary from any acts of misconduct or unlawful conduct while being holders of Public Office.”
SARU had also informed the Public Security Minister that it has also forwarded its report to the Attorney General (AG) and Minister of Legal Affairs, Basil Williams, along with a copy of a Legal Opinion on the potential misconduct in Public Office by the former Ministers.
The document on the Legal Opinion says that there is legal scope for the argument of willful neglect by the former Ministers in performing their duties without reasonable excuse or facilitation to an extent amounting to an abuse of the public trust.
Further, based on the cases cited, the document outlines that the Attorney General and Minister of Legal Affairs, has Legal Standing on this matter.
Once sufficient evidence is gathered by his Chambers, Williams had said that a civil action against the former Cabinet Ministers will be instituted. He had explained to the media that former President Bharrat Jagdeo could face prosecution.
The SARU report however lists the DPP, Miss Shalimar Ali-Hack, as a beneficiary of the controversial Pradoville Two deal. The report said that on September 7, 2011, the DPP bought Lot 184 Sparendaam, ECD, Block IV, which is 0.2767 acres of land.
Asked how this looming situation of conflict of interest would be dealt with, Williams had said, “She would have to recuse herself in the determination of the matter.”
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